701.01. All uses, buildings and structures permitted pursuant to this ordinance shall conform to the performance and design standards set forth in this section; said standards are determined to be the minimum standards necessary to comply with the intent and purposes of this code [appendix] as set forth in this section.

702.01. Except as provided by a conditional use permit issued pursuant to this ordinance, there shall be no more than one residential dwelling unit on any one parcel of land as described in section 602, lot provisions.

702.02. Certain dwelling units prohibited. No cellar, garage, recreational vehicle or trailer, basement with unfinished exterior structure above or accessory building shall be used at any time as a dwelling unit.

702.025. Principal buildings with more than one use, in which one of those uses is a dwelling unit, shall require a conditional use permit.

702.03. All principal buildings hereafter erected on unplatted land shall be so placed as to avoid obstruction of future street or utility extensions and shall be so placed as to permit reasonably anticipated future subdivisions and land use.

702.04. All principal buildings shall meet or exceed the minimum standards of the Minnesota State Building Code, the Minnesota State Uniform Fire Code, the Minnesota Department of Health, and the Minnesota Pollution Control Agency.

702.05. The keeping of animals except for domesticated pets inside of the dwelling unit shall be prohibited.

702.06. Any alterations, modifications or enlargements of an existing seasonal principal building for the purpose of continuing the seasonal use shall require a conditional use permit.

702.07. The final exterior finish for an addition, alteration, or improvement to the exterior of a principal building shall be substantially completed within six months from the time the building permit was issued for the project.

(Ord. No. 795, § 2, 2-4-08)

703.01 For the purpose of this ordinance, accessory buildings are defined as a subordinate building, or a portion of the main building, which is located on the same lot as the main building and the purpose of which is clearly incidental to that of the principal building. Types of accessory buildings include storage/tool/garden sheds, garages, rural storage buildings, or agricultural/farm buildings. Said accessory buildings are defined as follows:

(1)

Storage/tool/garden sheds. A one-story, detached accessory building of less than 120 square feet gross area with a maximum roof height of 12 feet. No door or other access opening in a storage or tool shed shall exceed six feet in width and a total of 42 square feet.

(2)

Garage. A one-story, attached or detached accessory building used or intended for the storage of motor-driven passenger vehicles, tools, equipment, or recreational equipment. The maximum height of an accessory building shall be 12 feet. The city administrator shall have the right to approve an increase in the height of an accessory building to a maximum of 17 feet for the purpose of matching the roof pitch or style of the accessory building with that of the principal structure. The height of the accessory building shall not exceed the height of the principal structure.

(3)

Rural storage building or agricultural/farm buildings. A one-story accessory building used or intended for the storage of motor-driven passenger vehicles, tools, machinery, equipment, domesticated farm animals, grain, or feed. The maximum height of an accessory building shall be 12 feet. The city administrator shall have the right to approve an increase in the height of an accessory building to a maximum of 17 feet for the purpose of matching the roof pitch or style of the accessory building with that of the principal structure. The height of the accessory building shall not exceed the height of the principal structure.

(Ord. No. 710, § 2, 8-5-96; Ord. No. 796, § 1, 3-3-08)

703.02. Permitted uses of accessory buildings:

(Ord. No. 653, 8-6-90; Ord. No. 710, § 3, 8-5-96; Ord. No. 772, § 1, 5-2-05; Ord. No. 796, § 1, 3-3-08)

703.03. A tool shed as defined in this section may be placed on any lot in addition to the permitted number of accessory buildings.

703.04. No accessory building shall be constructed nor accessory use located on a lot until a building permit has been issued for the principal building to which it is accessory.

703.05. The total aggregate area of residential accessory buildings per lot, attached and detached, shall not exceed the lesser of 2,000 square feet or ten percent of the total lot area. In addition, the height of such structure shall not exceed the lesser of one story, up to a maximum of 17 feet, or the height of the principal structure on the lot, except when said structures are located in business, industrial or planned unit developments.

(Ord. No. 796, § 1, 3-3-08)

703.06. An accessory building shall be considered as an integral part of the principal building if it is located six feet or less from the principal building. The exterior design and color shall be the same as that of the principal building or be of an earthen tone; the height shall not exceed the height of the principal structure unless more restrictive portions of this ordinance prevail.

703.07. No accessory building in a commercial or industrial district shall exceed the height of the principal building, except by conditional use permit.

703.08. No accessory building in apartment developments shall exceed the height of the principal building, except by conditional use permit.

703.09. Accessory buildings in the commercial and industrial districts may be located to the rear of the principal building, subject to the building code and fire zone regulations.

703.10. No detached garage or other accessory building shall be located nearer the front lot line than the principal building on that lot, except in districts and planned unit or cluster developments, where detached garages or other accessory buildings may be permitted nearer the front lot line than the principal building by certificate of compliance and written approval of adjacent property owners submitted to the zoning administrator.

703.11. All accessory buildings, including attached and detached residential garages, shall have a minimum five-foot setback, measured from the eave dripline, from interior rear or side lot lines, providing a ten-foot separation to adjacent buildings on abutting lot is maintained. "Interior lot line" means any side or rear lot line that is common with the side or rear lot line of an adjacent lot.

A residential garage that is attached to the principal structure and contains living space or a potential habitable area above the garage may be set back five feet from interior rear or side lot lines, measured to the foundation wall of the structure, provided the living space or potential habitable area is situated so that it meets the setback requirements of the principal structure for the zoning district.

Accessory buildings on lake or stream frontage lots may be located between street and principal structures provided that physical conditions of the lot would require such a location, as determined by the zoning administrator. Accessory buildings shall not be permitted within 20 feet of any public right-of-way except when a lot abuts an alley, an accessory building with a vehicle entrance door on the side of the building opposite the alley or on the side of the building that is perpendicular to the alley, may be permitted a seven-foot minimum setback, measured to the eave dripline, from the alley right-of-way. All accessory buildings including detached residential garages shall have a minimum seven-foot setback from the alley right-of-way, measured from the eave dripline.

(Ord. No. 637, § I, 12-3-84; Ord. No. 722, § 722.01, 4-10-98; Ord. No. 772, § 1, 5-2-05; Ord. No. 796, § 1, 3-3-08)

703.12. Houseboats and buildings used as shelters during open water months from which to fish are to be considered accessory structures for purposes of this ordinance. All houseboats used within the city limits for a period of 30 consecutive days or more shall require a certificate of compliance. Said permit shall show the owner; owner's address; boat license number; whether the boat is to be used as a seasonal residence, and if so, for what period of time during the year; type of sanitary sewage facility; water supply; and site plan showing method of access to public road. Each houseboat shall have one off-street parking space within 400 feet of the docking of such houseboat. No houseboat shall be used as a permanent residence.

703.13. Ice fishing houses stored on parcels of land during summer months shall be considered an accessory storage building equivalent to a storage shed ([section] 703.01(1)). Ice fishing houses shall meet the size limitations of section 703.02(1) and all other provisions of this ordinance, except section 703.14.

703.14. Accessory buildings larger than 120 square feet shall require a building permit regardless of improvement value. Roof and wind loads shall conform to requirements as contained in the building code.

(Ord. No. 796, § 1, 3-3-08)

703.15. An attached residential garage or carport may be located as in [section] 703.11 provided there is no habitable space connected thereto that is within the required yard area for residential dwellings.

(Ord. No. 637, § II, 12-3-84)

703.16. The required rear yard setbacks for detached residential garages, and storage, boat and tool sheds, shall be a distance equal to the required side yard setback for each zoning district, except on through lots when the required rear yard setback in each zoning district shall apply.

703.17. The final exterior finish for an addition, alteration, or improvement to the exterior of an accessory building or structure shall be substantially completed within six months from the time the building permit was issued for the project, or if no building permit is required, from the time the project was started.

(Ord. No. 796, § 2, 3-3-08)

704.01. No public use or convenience structure shall be located within the public right-of-way except by a certificate of compliance issued by the governing body. Such structure shall include, but not be limited to, trash containers, institutional direction signs, bicycle racks, benches, planting boxes, awnings, flagpoles, bus shelters, light standards, stairs, stoop, light wells, newspaper storage containers, loading wells, signs and others. Such structures do not include utility facilities.

705.01. Permit required. Except as otherwise provided in this section, no temporary or permanent fence shall be erected, constructed, altered, rebuilt, or relocated until a fence permit has been issued. The application for a fence permit shall be accompanied by a fee, as established in appendix D—Fee schedule of the Bayport Code of Ordinances. Fences over six feet in height from the finished grade shall require a building permit in addition to the fence permit.

Any fence erected without first obtaining a fence permit shall be removed by the property owner and/or property manager within ten days after written notice from the city unless a permit for the fence is applied for and approved by the city within the ten-day notification period.

705.02. All fences are subject to the following regulations:

(1)

Fences which are constructed as solid walls shall be prohibited in excess of four feet above grade (see Sec. 301 Definitions for fence description).

(2)

That side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property.

(3)

Fences shall be prohibited on public rights-of-way.

(4)

Fences on corner lots shall be prohibited within 15 feet of the intersecting street right-of-way lines.

(5)

Fences placed within two feet of a property line shall require written permission from the abutting property owner. This written permission shall be provided to the city as a part of the fence permit application.

(6)

Where the property line is not clearly defined from geographic features or other criteria, a certificate of survey may be required by the zoning administrator to establish the property line.

705.03 Fences in residential districts:

(1)

Design. Fences may consist of chain link, vinyl, wood, wrought iron, metal, or other material designed to be consistent with and complementary to residential use. Fences designed to function as a safety feature for a swimming pool shall consist of a nonclimbable material.

(2)

Setback. Fences may be located on or within two feet of a property line with written permission from the abutting property owner. This written permission shall be provided to the city as a part of the fence permit application. On corner lots, fences shall be prohibited within 15 feet of the intersecting street right-of-way lines.

(3)

Height. Fences may be erected along any front or side lot line to a height of four feet above finished grade. Fences along side and rear lot lines, beginning at the rear building line of the principal dwelling, may be erected to a height of six feet above finished grade. Should the rear lot line be common with the front or side lot line of an abutting residential lot, that portion of the rear lot line shall not be fenced to a height of more than four feet. Fences designed to function as a safety feature for a swimming pool shall be erected at a height of at least five feet above finished grade. Fences designed to function as a screen for certain activities shall be subject to additional regulations listed in section 7 of this appendix.

705.04 Fences in commercial districts:

(1)

Design. Fences may consist of chain link, vinyl, wood, wrought iron, metal, or other material designed to be consistent with and complementary to commercial use.

(2)

Setback. Fences may be located on or within two feet of a property line with written permission from the abutting property owner. This written permission shall be provided to the city as a part of the fence permit application. On corner lots, fences shall be prohibited within 15 feet of the intersecting street right-of-way lines.

(3)

Height. Fences may be erected along a front lot line to a height of four feet above finished grade. Fences alongside and rear lot lines, beginning at the front building line of the principal building, may be erected to a height six feet above finished grade. Fences designed to function as a screen for certain activities shall be subject to additional regulations listed in section 7 of this appendix.

705.05 Fences in industrial districts:

(1)

Design. Fences may consist of chain link, vinyl, wood, wrought iron, metal, or other material designed to be consistent with and complementary to industrial use.

(2)

Setback. Fences may be located on or within two feet of a property line with written permission from the abutting property owner. This written permission shall be provided to the city as a part of the fence permit application. On corner lots, fences shall be prohibited within 15 feet of the intersecting street right-of-way lines.

(3)

Height. Fences may be erected along a lot line to a height of six feet above finished grade or to a height of eight feet with a security arm for barbed wire. Fences designed to function as a screen for certain activities shall be subject to additional regulations listed in section 7 of this appendix.

(Ord. No. 871, § 1, 4-1-19)

706.01. In all districts, all personal property shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following: laundry drying and recreational equipment, construction and landscaping materials and equipment currently (within a period of 12 months) being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises, off-street parking of licensed passenger automobiles and pickup trucks.

706.02. In nonresidential districts, exterior storage of personal property may be permitted by conditional use permit provided any such property is so stored for purposes relating to a use of the property permitted by this ordinance and will not be contrary to the intent and purpose of this ordinance.

706.03. In all districts, all waste, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse and weeds. Existing uses shall comply with this provision within 90 days following the effective date of this ordinance.

706.04. Unlicensed passenger vehicles and trucks shall not be parked in residential districts for a period exceeding seven days.

706.05. All exterior storage not included as a permitted accessory use, a permitted use or included as part of a conditional use permit or otherwise permitted by provisions of this ordinance, shall be considered as refuse.

707.01. All uses, buildings and structures shall conform to the regulations of the Minnesota Pollution Control Agency relating to air, water, noise and solid wastes.

707.02. Tributary pollution. No use shall be permitted which will cause or result in the pollution of any tributary of the St. Croix River, any lake, stream or other body of water in the community.

707.03. Chemical insecticides or herbicides shall be stored, handled and utilized as per the standards set forth by the Minnesota Pollution Control Agency.

708.01. Screening shall be required in residential zones where:

(a)

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

(b)

Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential use or zone.

708.02. Where any business or industrial use (structure, parking or storage) is adjacent to property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business, parking lot or industry is across the street from a residential zone, but not on the side of a business or industry considered to be the front.

708.03. All exterior storage shall be screened. The exceptions are:

(1)

Merchandise being displayed for sale;

(2)

Materials and equipment currently being used for construction on the premises; and

(3)

Merchandise located on service station pump islands.

708.04. The screening required in this section shall consist of earth mounds, berms or ground forms; fences and walls; landscaping (plant materials) or landscaped fixtures (such as timbers) used in combination or singularly so as to block direct visual access to an object.

709.01. Landscaping on a lot shall consist of a finish grade and a soil retention cover such as sod, seed and mulch, plantings or as may be required by the zoning administrator to protect the soil and aesthetic values on the lot and adjacent property.

709.02. In all districts, all developed uses shall provide landscaping from the urban curb and gutter to the road right-of-way lines. This landscaped yard shall be kept clear of all structures, exterior storage and off-street parking.

709.03. Landscaping shall be provided and maintained on all required front and side yards in all developed districts except where pavement or crushed stone is used for walkways or driveways.

709.04. In zoning districts B-1, B-2 and I, landscaping improvements to the site equal to a minimum of one percent of the total improvement project cost is required. Sites that have difficulty meeting this landscape requirement due to the existing site conditions may propose a landscape plan for an alternative site to satisfy the requirement of this section.

(Ord. No. 781, § 1, 6-12-06)

710.01. In all districts, all structures, landscaping and fences shall be reasonably maintained so as to avoid health and safety hazards and prevent a degradation in the value of adjacent property.

711.01. In all districts, any lighting used to illuminate an off-street parking area, or other structure or area, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of light shall be hooded or controlled so as not to light adjacent property. Bare lightbulbs shall not be permitted in view of adjacent property or public rights-of-way. No light or combination of lights which cast light on a public street shall exceed one footcandle meter reading as measured from the centerline of said street nor shall any light or combination of lights which cast light on residential property exceed four-tenths of one footcandle.

711.02. Lighting standards shall not exceed 25 feet without a conditional use permit.

712.01. Scope. This division applies to off-street parking.

712.02. General standards. Parking and loading facilities shall be provided and maintained in accordance with the following:

(1)

No change of use, tenancy or occupancy of a parcel of land or building, including construction of a new building or an addition to a building, which requires additional parking or loading spaces shall be allowed until such additional parking or loading is approved and furnished. Review may be required under the site and building plan review procedures of section 712.07 of this article [section].

(2)

Existing off-street parking spaces and loading spaces upon the effective date of this ordinance shall not be reduced in number unless said number exceeds the requirements set forth herein for a similar use.

(3)

Use of parking facilities. Required parking and loading areas and the driveways providing access to them shall not be used for storage, display, sales, rental or repair, of motor vehicles or other goods or for the storage of inoperable vehicles or snow.

(4)

Location. Required parking and loading spaces shall be located on the same development site as the use served. On-street parking, if allowed in the vicinity of the site, cannot be used to satisfy parking requirements. The city may approve off-site parking if the city council finds the following:

a.

Reasonable access shall be provided from the off-site parking facilities to the use being served;

b.

Parking spaces accessory to multiple family dwellings on the same lot as the principal use served shall be located within 200 feet of the main entrance to the principal building served;

c.

Parking spaces accessory to uses located in a business or industrial district shall be located within 800 feet of a main entrance to the principal building served;

d.

There shall be no off-street parking space within ten feet of any street right-of-way and five from any alley right-of-way except in the central business district where spaces may be allowed with a design permit approved by the zoning administrator;

e.

No off-street parking area shall be located closer than five feet from an adjacent lot zoned or used for residential purposes, except when adjoining an existing parking area on the adjacent lot;

f.

The parking area shall be under the same ownership and merged into a single tax parcel as the site served, under public ownership or the use of the parking facilities shall be protected by a recorded instrument, acceptable to the city;

g.

Failure to provide on-site parking shall not encourage parking on the public streets, other private property or in private driveways or other areas not expressly set aside for such purposes; and

h.

The off-site parking shall be maintained until such time as on-site parking is provided or an alternate off-site parking facility is approved by the city as meeting the requirements of this article [section].

(5)

Parking of trucks in R-districts. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of passenger automobiles and/or one truck not to exceed 12,000 pounds gross capacity for each dwelling unit. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants or customers of nearby business or manufacturing.

(6)

Parking in residential areas (off-street and on-street) shall be limited to the use of the residents and their guests, except for short-term parking (six hours or less).

(7)

Cooperative parking facilities. The requirements for the provisions of parking facilities, with respect to two more property uses of the same or different types, may be satisfied by the permanent allocation of the required number of spaces for each use in a common parking facility, located within 300 feet of all such participating property uses and cooperatively established and operated. In the case of a cooperative parking facility which is designed to satisfy the parking requirements of:

a.

From two to four independent property uses, a reduction of not more than five percent of the total number of required spaces shall be allowed.

b.

From five to seven independent property uses, a reduction of not more than ten percent of the total number of required spaces shall be allowed.

c.

Eight or more independent property uses, a reduction of not more than 20 percent of the total number of required spaces shall be allowed.

(8)

Shared parking facilities. Parking facilities may be shared by two or more commercial uses if their entrances are located within 300 feet of each other and if their hours of operation do not coincide, provided they:

a.

Receive special use and design permits so that design criteria are met and conditions of use may be established along with periodic review.

b.

Submit a written document guaranteeing maintenance, hours of operation and specifying length of agreement.

c.

Demonstrate how the shared parking arrangement will fulfill the intent of this section.

(9)

Control of off-street parking facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the same ownership or control, either by deed, long-term lease, or cooperative parking agreement, as the property occupied by such principal use, and the owner of the principal use shall file a recordable document with the city requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.

(10)

Facilities for the handicapped. Handicapped parking spaces shall be 19 feet long by 12 feet wide. Parking facilities specifically designed, located and reserved for vehicles licensed by the state for uses by the handicapped shall be provided in each parking facility of the ten or more spaces, according to the following table:

712.03. Design of parking stall and drive aisles.

(1)

Parking spaces. Parking spaces shall be designed in conformance with the following: Parking stalls shall have a minimum paved dimension of nine feet by 18 feet. Stall and aisle dimensions shall be as noted below for the given angle:

(2)

[Turn-around areas.] All parking areas except those serving one- and two-family dwellings on local streets shall be designed so that cars shall not be required to back into the street. If deemed necessary for traffic safety, turn-around areas may be required in one- and two-family dwellings.

(3)

Curbs. All commercial, industrial or multifamily residential parking lots with five or more spaces shall be bordered with raised concrete curbs or equivalent material as approved by the city.

(4)

Border barricades. Every parking facility containing angled or 90-degree parking spaces adjacent to a street right-of-way shall, except at entrance or exit drives, be developed with a solid curb or barrier along such street right-of-way line; or shall be provided with a suitable concrete barrier at least six inches in height and located not less than two feet from such street right-of-way line. Such wall, fence, curb or barrier shall be securely installed and maintained.

(5)

Surfacing and drainage. Off-street parking areas shall be improved with a durable and dustless surface. Such areas shall be so graded and drained as to dispose of all surface water accumulation within the parking area. Durable and dustless surface may include crushed rock and similar treatment for parking accessory to one, two, three, and four unit residential structures; all other uses shall utilize asphalt, concrete or a reasonable substitute surface as approved by the city engineer. All surfacing must be completed prior to occupancy of the structure unless other arrangements have been made with the city.

(6)

Marking. Parking spaces within a facility shall be clearly painted and delineated.

(7)

Traffic islands. All parking lots shall provide islands for traffic control as needed.

(8)

Planting islands. For each additional 3,000 square feet, or a portion thereof, of parking area beyond the first 3,000 square feet, one planting island of identical size to the neighboring parking space, but not less than 180 square feet, shall be installed within the interior of the parking surface. All planting islands shall have six-inch concrete or asphalt curbs and a landscaped interior.

(9)

Landscaping and screening.

a.

Landscaping shall be provided in new parking lot construction and reconstruction. Landscaping is employed to diminish the visibility and impact of parked cars by screening and visually separating them from surrounding activities and the street; to provide shade and relief from paved areas; to channel the flow of traffic and generally contribute to good site design. Tree, shrubs, ground covering and earth berming shall be used for lot landscaping.

b.

Every parking facility abutting property located in residential districts shall be separated from such property by a wall, planter or a view-obscuring fence; or a raised landscaped mound of earth, sand stones or the like; or by a permanently maintained compact evergreen hedge; or a combination of any of the preceding treatments. Such screening devices shall be six feet in height, measured from the degrade of the finished surface of such parking facility, along the abutting residential property.

(10)

Parking space for three or more cars. When a required off-street parking space for three or more cars is located adjacent to a residential district, a fence or screen not less than four feet in height shall be erected along the residential district property line.

(11)

Maintenance of off-street parking space. It shall be the joint responsibility of the operator and owner of the principal use or building to reasonably maintain the parking space, accessways, landscaping and required fences.

(12)

Access. All off-street parking and loading spaces shall have access from driveways and not directly from the public street. The number and width of access drives shall be located to minimize traffic congestion and abnormal traffic hazard.

(13)

Fire access lanes shall be provided as required by the building or fire code.

712.04. Computing requirements. In computing the number of parking spaces required, the following shall govern:

(1)

"Floor area" means the gross floor area of the specific use as defined by section 3.

(2)

Where fractional spaces result, the parking spaces required shall be construed to be the next largest whole number.

(3)

Parking standards for uses not specifically mentioned in this division [section] shall be determined by the city. The factors to be considered in such determination shall include size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles.

712.05. Buffer fences and planting screens. On-site parking and loading areas near or abutting residential districts shall be screened in conformance with the provisions of section 709.

712.06. Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged so it is not directly visible from the adjoining property and in a downward vertical direction. No light or combination of lights which cast light on a public street shall exceed one foot candle meter reading as measured from the centerline of said street nor shall any light or combination of lights which cast light on residential property exceed four-tenths foot candles. All commercial, industrial, and multifamily parking lots shall be lighted. Lighting shall use shielded fixtures and be directed away from the public right-of-way and adjacent residential or agricultural districts. Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide adequate levels of safety.

712.07. Required number of on-site parking spaces. On-site parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors, residents and employees shall be provided on the premises of each use. The following standards are minimum criteria. The city may increase the requirements beyond the minimum based upon findings that, due to proposed use and/or design, additional parking demand is anticipated. The number of required parking spaces shall comply with the following:

(1)

Calculating the number of spaces shall be in accordance with the following:

a.

If the number of off-street parking spaces results in a fraction, each of one-half or more shall constitute another space;

b.

In churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 24 inches of such seating shall be counted as one seat for the purpose of this division [section];

c.

Except in shopping centers or where joint or shared parking arrangements have been approved, if a structure contains two or more uses, each use shall be calculated separately in determining the total off-street parking spaces required;

d.

For mixed use buildings, parking requirements shall be determined by the city based on the existing and potential uses of the building. In cases where future potential uses of a building will generate additional parking demand, the city may require a proof of parking place for the difference between minimum parking requirements and the anticipated future demand.

e.

If warranted by unique characteristics and/or documented parking demands for similar developments, the city may allow reductions in the number of parking spaces actually constructed as long as the applicant provides a proof of future parking plan. The plan must show the location for all minimum required parking spaces in conformance with applicable setback requirements. The city may require installation of the additional parking spaces whenever a need arises.

f.

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.

(2)

The minimum number of required on-site parking spaces for the following uses shall be:

(Ord. No. 688, § X, 4-4-94; Ord. No. 697, § 697.04, 7-5-94; Ord. No. 745, § 2, 8-5-02; Ord. No. 795, § 3, 2-4-08; Ord. No. 875, §§ 10, 11, 12-2-19)

713.01. Location. All required loading berths shall be off-street and shall be located on the same lot as the building or use to be served. A loading berth shall be located at least 25 feet from the intersection of two street rights-of-way and at least 50 feet from a residential district, unless within a building. Loading berths shall not occupy the required front yard space.

713.02. Size. Unless otherwise specified in this ordinance, a required loading berth shall not be less than 12 feet in width, 50 feet in length and 14 feet in height, exclusive of aisle and maneuvering space.

713.03. Access. Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will least interfere with traffic.

713.04. Surfacing. All loading berths and accessways shall be improved with a hard surface to control the dust and drainage before occupancy of the structure.

713.05. Accessory use. Any space allocated as a loading berth or maneuvering area so as to comply with the terms of this ordinance shall not be used for the storage of goods, inoperable vehicles or be included as a part of the space requirements necessary to meet the off-street parking area.

713.06. [New and substantially altered structures.] Any structure erected or substantially altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles shall provide off-street loading space as required for a new structure.

714.01. The traffic generated by any use shall be controlled so as to prevent: (a) congestion of the public streets; (b) traffic hazards; and (c) excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial areas shall in all cases be forward moving with no backing into streets.

714.02. On any corner lot, nothing shall be placed or allowed to grow in such manner as to impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets within 15 feet of the intersecting street right-of-way lines. This restriction shall also apply to the planting of crops and to yard grades that result in elevations that impede vision within 15 feet of any intersecting street right-of-way lines.

715.01. Bulk storage (liquid). All uses associated with the bulk storage of over 600 gallons of soil, gasoline, liquid fertilizer, chemicals and similar liquids shall require a conditional use permit in order that the zoning administrator may have assurance that fire, explosion or water or soil contamination hazards are not present that would be detrimental to the public health, safety and general welfare. All existing aboveground liquid storage tanks having a capacity in excess of 600 gallons shall secure a conditional use permit within 12 months following enactment of this ordinance; the governing body shall require the development of diking around said tanks, suitably sealed, to hold a leakage capacity equal to 115 percent of the tank capacity. Any existing storage tank that, in the opinion of the governing body, constitutes a hazard to the public safety shall discontinue operations within one year following enactment of this ordinance. (Also see section 716, explosives.)

716.01. No activities involving the commercial storage, use or manufacture of materials or products which could decompose by detonation shall be permitted except as are specifically permitted by the governing body. Such materials shall include but not be confined to all primary explosives such as lead azide and mercury fulminate, all high explosives and boosters such as TNT, tetryl and nitrates, propellants and components thereof such as nitrocellulose, black powder and nitroglycerine, blasting explosives such as dynamite and nuclear fuel and reactor elements such as uranium 235 and plutonium.

717.01. Fallout shelters may be permitted in any district subject to the yard regulations of the district. Such shelters may contain or be contained in other structures or be constructed separately, and in addition to shelter use may be used for any use permitted in the district, subject to the district regulations on such use.

718.01. "Guest house" for the purpose of this section shall be an accessory building detached from the principal building with temporary accommodations for sleeping, but having no kitchen facility. It is intended for the use of persons visiting the occupants of the principal structure.

718.02. Guest houses shall be permitted in all residential districts and shall conform to all requirements of this code and other regulations applicable to residential dwellings' setback and yard requirements in relation to the principal structure.

718.03. All guest houses shall have designated off-street parking spaces.

718.04. A certificate of compliance shall be required for a guest house.

719.01. Dwelling units for watchman and family shall be considered as accessory uses and shall conform to all applicable regulations for the district in which located, except as herein modified:

(1)

A dwelling unit in the commercial district located in a commercial structure shall not occupy the front half of the ground floor or basement.

(2)

A dwelling unit in a commercial or industrial building shall not contain more than one bedroom unless said building is part of a planned unit development.

(3)

No detached dwelling unit shall be permitted in the commercial or industrial districts, except as part of a planned unit development.

(4)

A dwelling unit which is a part of the principal building shall be provided with two exits; one shall be a direct outside exit.

(5)

All buildings shall conform to the building code and applicable fire codes.

720.01. The entire area of any drive-in business shall have a drainage system approved by the community engineer.

720.02. The entire area other than that occupied by structures or planting shall be surfaced with a hard-surfaced material which will control dust and drainage.

720.03. A box curb at least six inches above grade shall separate the public walk area from the lot, except at approved entrance or exit drives.

720.04. A fence or screen of acceptable design not over six feet in height or less than four feet shall be constructed along the property line abutting a residential district and such fence or screen shall be adequately maintained. The fence shall not be required in front of the setback line.

720.05. General.

(1)

No person shall construct, operate or maintain a drive-in business within the community without first obtaining a conditional use permit.

(2)

Any drive-in business serving food or beverages may also provide, in addition to vehicular service areas, indoor food and beverage service seating area sufficient to accommodate at least 24 customers.

(3)

The hours of operation shall be set forth as a condition of any drive-in business conditional use permit.

(4)

Each drive-in business serving food may have outside seating for at least 24 customers.

(5)

Each food or beverage drive-in business shall place refuse receptacles at all exits as well as one refuse receptacle per ten vehicle parking spaces, or portion thereof, within the parking area.

(6)

Landscaped planting islands as stipulated in [section] 712.05 shall be required.

720.06. Locations.

(1)

No drive-in business shall be located within 400 feet of a public or parochial school or church.

(2)

No drive-in business shall be located such that it may increase traffic volumes on nearby residential streets.

(3)

No drive-in shall be located on any street other than one designated as a thoroughfare or business service road in the comprehensive plan.

720.07. Site plan.

(1)

The site plan shall clearly indicate suitable storage containers for all waste material. All commercial refuse containers shall be screened.

(2)

A landscaping plan shall be included and shall set forth complete specifications for plant materials and other features.

(3)

Adequate area shall be designated for snow storage such that clear visibility shall be maintained from the property to any public street.

(4)

The design of any structure shall be compatible with other structures in the surrounding area.

(5)

No drive-in business shall be located on a lot less than 30,000 square feet.

(6)

Electronic devices such as loudspeakers, automobile service order devices, drive-in theater car speakers and similar instruments shall be considered as part of application.

(7)

No service shall be rendered, deliveries made or sales conducted within the required front yard; customers served in vehicles shall be parked to the sides and/or rear of the principal structure.

(8)

No permanent or temporary signs visible from the public street shall be erected without specific approval in the permit.

(9)

No plan shall be approved which will in any way constitute a hazard to vehicular or pedestrian circulation. No access drive shall be within 50 feet of intersecting street curblines.

720.08. Violation of any applicable law or ordinance in the conditions of the permit shall be cause for permit revocation or suspension (notice of violations and hearings).

720.09. In the case of a drive-in theater, a solid fence not less than eight feet in height and extending at least to within two feet of the ground shall be constructed around the property.

720.10. The lighting shall be designed so as to have no direct source of light visible from the public right-of-way or adjacent land in residential use.

No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of ordinary business or household equipment and appliances. Any such omissions are hereby declared to be a nuisance.

722.01. No odors, vibration, noise, smoke, air pollution, liquid or solid wastes, heat, glare, dust or other such sensory irritations or health hazards shall be permitted in any district in excess of the minimum standards as set forth in this section. Any violation of said standards is hereby declared a nuisance. The minimum standards shall be as follows:

(1)

Odors. Any use shall be so operated as to prevent the emission of odorous or solid matter of such quality or quantity as to be reasonably objectionable at any point beyond the lot line of the site on which the use is located.

(2)

Vibration. The following vibrations are prohibited:

(a)

Any vibration discernible, beyond the property line, to the human sense of feeling for three minutes or more duration in any one hour.

(b)

Any vibration resulting in any combination of amplitudes and frequencies beyond the "safe" range of the most current standards of the United States Bureau of Mines on any structure.

(3)

Toxic or noxious matter. Any use shall be so operated as not to discharge across the boundaries of the lot or through percolation into the atmosphere or the subsoil beyond the boundaries of the lot wherein such use is located toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business.

723.01. It shall be a nuisance for any person to store or keep any vehicle of a type requiring a license to operate on the public highway, but without a current license attached thereto, whether such vehicle be dismantled or not, outside of an enclosed building in residential or agricultural districts.

723.02. It shall be a nuisance to create or maintain a junkyard or vehicle dismantling yard except as provided herein.

723.03. The following are declared to be nuisances endangering public health:

(1)

Causing or suffering the effluent from any cesspool, septic tank, drainfield or human sewage disposal system to discharge upon the surface of the ground, or dumping the contents thereof at any place except as authorized by the Minnesota Pollution Control Agency.

(2)

Causing or suffering the pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances.

(3)

Causing or suffering carcasses of animals not buried or destroyed or otherwise disposed of within 24 hours after death.

723.04. The following are declared to be nuisances affecting public peace and safety:

(1)

The placing or throwing on any street, alley, road, highway, sidewalk or other public property of any glass, tacks, nails, bottles or other nuisances which may injure any person or animal or may cause damage to any pneumatic tire when passing over the same.

(2)

The ownership, possession or control of any unused refrigerator or other container, with doors which fasten automatically when closed of sufficient size to retain any person, and which is exposed and accessible to the public, without removing the doors, lids, hinges or latches, or providing locks to prevent access by the public.

724.01. Noise prohibited. It shall be unlawful to make, continue, or cause to be made or continued, any noise in excess of the noise levels set forth [herein] unless such noise be reasonably necessary to the preservation of life, health, safety or property.

724.02. Measurement of noise. Any activity not expressly exempted by this section which creates or produces sound regardless of frequency exceeding the ambient noise levels at the property line of any property (or if a condominium or apartment house, within any adjoining apartment) by more than six decibels above the ambient noise levels as designated in the following table at the time and place and for the duration then mentioned, shall be deemed to be a violation of the ordinance. This table does not apply to noise that would be regulated under the noise pollution control standards set forth by the Minnesota Rules chapter 7030 governed by the Minnesota Pollution Control Agency.

In determining whether a particular sound exceeds the maximum permissible sound level in the above table: (1) sounds in excess of the residential district limitations as measured in a residential district or other district; (2) during all hours of Sundays and universal holidays, the maximum allowable decibel levels for residential districts are as set forth in column III of the table.

Sounds emanating from the operation of (1) motor vehicles on public highways; (2) aircraft; (3) outdoor implements such as power lawnmowers, snowblowers, power hedge clippers and power saws; and (4) pile drivers or jackhammers and other construction equipment from lawful and proper activities at school grounds, playgrounds, parks or places wherein athletic contests take place are exempt from the provisions of this ordinance.

(Ord. No. 795, § 1, 2-4-08)

724.03. Construction equipment. Except as hereinafter provided, no pile driver, jackhammer or other construction equipment shall be operated between the hours of 8:00 p.m. to 7:00 a.m. on weekdays and during any hours on Saturdays, Sundays and universal holidays, except under conditional use permit provided below, and no such equipment shall be operated at any time if the sound level from such operation exceeds 90 decibels measured along any property line; provided, however, that such equipment, the operation of which conforms to the maximum allowable sound levels as prescribed herein, may be operated during the above prohibited hours and days. When any of the above-named equipment is used for any purpose other than construction, the ambient noise levels apply.

No internal combustion engine or any other power unit when operated in connection with construction or demolition equipment shall be operated at any time other than at the times set forth in this section, and any sound emitted from any such engine or power unit shall not exceed 90 decibels measured along the property line.

If an emergency situation exists created by natural disaster or by some failure which would create a loss of property, or if substantial economic loss would result to any person unless extended hours of operation of such construction equipment and internal combustion engine or power unit is allowed, the following applies:

(1)

In the event of an emergency situation, equipment may be operated during any hour of any day for a period not to exceed three days or less while the emergency continues.

724.04. Outdoor implements. Except as hereinafter provided, any power lawnmower, snowblower, power hedge clipper, power saw or such other implement designed primarily for outdoor use shall be operated only between the hours of 7:30 a.m. to 9:00 p.m. on weekdays, or between the hours of 9:00 a.m. to 9:30 p.m. on Saturdays, Sundays and universal holidays; provided, however, that such equipment, the operation of which conforms to the maximum allowable sound levels as prescribed herein, may be operated during the above prohibited hours.

725.01. Coin-operated automatic machines dispensing food, soft drinks and other food and materials shall not be permitted outside of a building, except as approved by a certificate of compliance.

726.01 All pools are subject to the following regulations:

(1)

Permit required. A building permit is required for any pool which is underground and for any pool which is above-ground with a capacity over 5,000 gallons and two feet in height/depth. The application for a permit shall be accompanied by supplemental plans and specifications deemed appropriate by the city and a permit fee, as established in Appendix D—Fee Schedule of the Bayport Code of Ordinances. Public pools (as defined in MN Rule 4717) are also subject to Department of Health (MN Rule 4717) accessibility code requirements and permits.

(2)

Location. Pools may not be located beneath overhead utility lines, over underground utility lines, or within any type of private or public utility area, walkway, drainage, or other easement area. Pools may not be located within 20 feet of any septic tank/drain field. Pools and related equipment/apparatus must comply with building setbacks and impervious coverage requirements specified by the zoning district.

(3)

Construction/maintenance. Access for pool construction shall be limited to the subject property. Precautions must be taken during construction to avoid damage, hazards, or inconvenience to public streets and adjacent private or public property. Excavated/graded areas and material must be maintained to avoid erosion, dust, or other infringements. Construction and installation of electrical and mechanical components, such as the filter, pump, heating unit, and all other equipment shall be subject to inspection. Backflow prevention devices or methods will be required on all fresh water supply lines to any permanent pool. Water shall be maintained in a suitable manner to avoid health or safety hazards and such water shall be subject to periodic inspection by the local health officer.

(4)

Discharge/drainage. It is unlawful to discharge chlorinated and/or dechlorinated pool water into the municipal sanitary sewer system. Dechlorinated back-flush or drainage pool water shall be discharged onto the subject property. Circumstances that warrant discharge of dechlorinated pool water into a public street and/or municipal storm sewer shall require city approval. Under no circumstances shall chlorinated pool water be discharged into the municipal storm sewer.

(5)

Lighting/noise. All lighting shall comply with Section 711 of this appendix and shall be arranged to direct light away from public streets and adjacent private or public property. Pool equipment/apparatus must comply with Section 724 of this appendix and shall be enclosed or screened to prevent a nuisance to adjacent property.

(6)

Safety feature. All pools shall be equipped with a protective safety feature, such as a fence or automatic cover, as specified by the zoning district and minimum lot size to prevent uncontrolled access from public streets or adjacent private or public property. A protective safety feature must be completely installed prior to filling the pool with water and no later than three weeks from the completion of the pool installation.

726.02 Pools in R-1, R-2, and R-PUD residential zoning districts:

(1)

Setback. Pools and related equipment/apparatus must comply with building setbacks and impervious coverage requirements specified by zoning district and/or planned unit development agreement and covenants.

(2)

Safety feature. Pools shall be equipped with a fence or automatic cover as a protective safety feature to prevent uncontrolled access from public streets or adjacent private or public property. An automatic cover is only permitted on lots with a minimum area of 35,000 square feet. A fence is required on all other lots.

(a)

Fence specifications. Fences shall be constructed at least 5 feet in height, subject to compliance with Section 705 of this appendix, with no more than a 2-inch maximum ground clearance, and completely enclose the pool. Fence gates shall be self-closing and have a self-latching lock mechanism at a height of at least four feet to restrict ingress to the pool. Fences must consist of a non-climbable material. Vertical fence openings must be spaced to less than four inches. Cutouts in fence materials or openings in chain link fence materials shall not exceed 1¾ inches.

(b)

Cover specifications. Covers shall be locking (key operated), powered and automatic (not manual), and compliant with ASTM F1346.

726.03 Pools in R-3 residential zoning districts and B-1 commercial zoning districts:

(1)

Setback. Pools and related equipment/apparatus must be located 50 feet from any lot line. Decks, patios, or other similar areas used accessory to or in conjunction with a pool shall be located at least 30 feet from any lot line adjacent to a R-1 or R-2 zoning district or ten feet to a R-3 or B-1 zoning district. Pools must comply with impervious coverage requirements specified by zoning district and/or planned unit development agreement and covenants.

(2)

Safety feature. Pools shall be equipped with a fence as a protective safety feature to prevent uncontrolled access from public streets or adjacent private or public property.

(a)

Fence specifications. Fences shall be constructed at least five feet in height, subject to compliance with Section 705 of this appendix, with no more than a 2-inch maximum ground clearance, and completely enclose the pool. Fence gates shall be self-closing and have a self-latching lock mechanism at a height of at least four feet to restrict ingress to the pool. Fences must consist of a non-climbable material. Vertical fence openings must be spaced to less than four inches. Cutouts in fence materials or openings in chain link fence materials shall not exceed 1¾ inches.

(3)

Screening. Supplemental screening/landscaping shall be installed along all exterior sides of a fence adjacent to R-1 or R-2 zoning districts.

(Ord. No. 750, § 1, 6-2-03; Ord. No. 772, § 1, 5-2-05; Ord. No. 885, § 1, 9-12-22)

727.01 Purpose. The purpose of this section is to protect and retain the natural and scenic beauty of the roadsides within the City of Bayport. By the construction of public roads, the public has created views to which the public retains a right-of-way view, and it is the intent of these standards to prevent the taking of that right.

727.02 Permit required. Except as otherwise provided in this ordinance, no temporary or permanent sign shall be erected, constructed, altered, rebuilt or relocated until a sign permit or conditional use permit for the sign has been issued. The application for a sign permit shall be accompanied by a fee, per the schedule in appendix D of this Code.

Any sign erected without first obtaining a permit shall be removed by the property owner and /or property manager within ten days after written notice from the city unless a permit for the sign is applied for and approved by the city within the ten-day period. However, no permit will be required under this ordinance for the following signs:

(1)

Real estate sale signs, provided they comply with all other regulations set forth in this ordinance.

(2)

Political signs, provided they comply with all other regulations set forth in this ordinance.

(3)

Directional and warning signs, provided they comply with all other regulations set forth in this ordinance.

727.03 Definitions. As used in this section, the following words and phrases shall have the meanings indicated:

(1)

Sign. A display, illustration, structure or device which directs attention to an object, product, place, activity, person, institution, organization or business.

(2)

Sign, advertising. A sign that directs attention to a business or profession or to a commodity, service or entertainment not sold or offered upon the premises where such sign is located or to which it is attached. Advertising signs shall not be located closer than 300 feet to any other sign on the same side of a street or highway.

(3)

Sign area. The entire area within a continuous perimeter enclosing the face(s) of such sign.

(4)

Sign, business. A sign that directs attention to a business or profession or to the commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is attached.

(5)

Sign, construction. A sign that specifies that a site is temporarily under construction and the contractor responsible for the construction on the site. A construction sign is allowed in all zoning districts, provided it does not exceed 32 square feet in area and it is removed when the project is substantially completed.

(6)

Sign, directional. A sign that is considered to be temporary to direct traffic and individuals to a specific temporary event, up to a maximum area of two square feet, and three feet in height above grade. Such signs may include those for a garage sale, yard sale, open house, or special event. Signs may only consist of the sign face and a stake to post the sign. No other attachments, such as balloons, reflectors, streamers, pennants, etc. are allowed. Signs may only contain name of the event, address, date, and hour(s) and may only be posted two hours prior to the event and must be removed within two hours after the event, on a daily basis. Directional signs may be placed in the street right-of-way, but no closer than 3 feet to the curb or street edge, as long as the sign does not interfere with traffic or visibility of motorists and/or pedestrians. Signs may not be placed on street sign posts or utility posts.

(7)

Sign, flashing. An illuminated sign which has a light source not constant in intensity or color at all times or which produces moving effects through the use of illumination while such sign is in use. Only flashing signs giving time, date, temperature, weather or similar public service information shall be permitted. Signs giving off intermittent, rotating or directional light which may be confused with traffic, aviation, or emergency signaling are prohibited. All signs and displays using electric power shall have a cutoff switch on the outside of the sign and on the outside of the building or structure to which the sign is attached. No electrically illuminated signs shall be permitted in a residential district.

(8)

Sign, illuminated. A sign which is lighted with a constant artificial light source. Illuminated signs shall be diffused or indirect so as not to direct rays of light into adjacent property or onto any public street or way. No illuminated signs or their support structure shall be located closer than 25 feet to a roadway surface or closer than ten feet to a road right-of-way line or property line, notwithstanding more restrictive portions of this section. All signs and displays using electric power shall have a cutoff switch on the outside of the sign and on the outside of the building or structure to which the sign is attached. No electrically illuminated signs shall be permitted in a residential district.

(9)

Sign, inside. A sign painted, attached by adhesive, or otherwise attached directly to or visible through windows and glass portions of doors. The regulations contained within this ordinance do not apply to inside signs.

(10)

Sign, monument. A sign which is affixed to or engraved into a rock, stone, or boulder that rests directly upon the ground without support.

(11)

Sign, motion. A sign that has revolving parts.

(12)

Sign, multifaced. A sign that includes text or graphics on more than one side. For the purpose of calculating square footage, each side of the sign shall be counted. The total sum of all sides must not exceed the maximum square footage allowed for the sign by the ordinance.

(13)

Sign, nameplate. A sign which states the name and/or address of the business, industry or occupant of the site and is attached to said building or site. In commercial and industrial zoning districts, a nameplate sign that includes the name of the business and street address shall be required per building. In single-family residential zoning districts, principal buildings and accessory structures shall be required only to display the street address. For multi-family dwellings or developments consisting of three or more units, one nameplate sign shall be erected at each main entrance to the development, with a maximum of 70 square feet per sign, and a maximum of four signs per development. Each dwelling unit shall be required to display the street address.

(14)

Sign, pedestal. A freestanding sign usually erected by one or more poles, braces, or posts, which is solidly affixed to the ground.

(15)

Sign, political. Political signs are allowed in any district on private property, with the consent of the owner of the property. Such signs must be removed within seven days following the date of the election or elections to which they apply.

(16)

Sign, projecting. A sign that projects out from the building to which it is attached. Except for marquee signs, signs shall in no case project from a building or structure to any point within two feet of a line drawn perpendicularly upward from the property line and no projecting sign shall be less than nine feet above the sidewalk or the ground level, notwithstanding more restrictive portions of this section.

(17)

Sign, real estate. A sign offering property (land and/or buildings) for sale, lease or rent. Real estate sales signs may be placed in any yard providing such signs are not closer than ten feet to any property line. Real estate development sales signs may be erected for the purpose of selling or promoting a single-family or multiple-family residential project of ten or more dwelling units, provided signs do not exceed 100 square feet in area, only one such sign is erected on each road frontage with a maximum of three signs per project, signs are removed when the project is 80 percent completed, sold or leased, and signs are not located closer than 100 feet to any existing residence.

(18)

Sign, roof. A sign erected upon or above a roof or parapet of a building. Roof signs are not allowed by this ordinance in any zoning district.

(19)

Sign, shopping center or industrial park. A business sign designating a group of more than three businesses, shops, or offices.

(20)

Sign structure. The supports, uprights, braces and framework of the sign.

(21)

Sign, temporary or seasonal. A sign placed on a lot or parcel of land for a period not to exceed 35 days out of any calendar year. The applicant shall pay the fee for temporary or seasonal signs as required by the fee schedule in appendix D of this Code. Temporary or seasonal permits shall be issued for one week time periods only, and the applicant shall pay a separate fee for each sign and each week. No applicant shall receive more than five temporary or seasonal sign permits for any calendar year.

(22)

Sign, wall. A sign attached to or erected against the wall of a building.

(23)

Sign, warning. A sign which warns the public of a danger or hazard in the immediate vicinity and is obviously not intended for advertising purposes.

727.04 Permitted signs in residential districts.

(1)

Types of signs allowed: Construction, directional, monument, nameplate, political, real estate, temporary, and wall.

(2)

Number and size of each type of sign allowed per lot frontage:

No more than 32 square feet of total sign display area will be permitted at any one time in developed areas, with a four-foot maximum for any dimension, except as otherwise restricted by this section. No sign shall be so constructed as to have more than two surfaces.

(3)

Height: The top of the sign shall not exceed eight feet above the average grade. Directional signs shall not exceed three feet above the average grade.

(4)

Setback: Any sign over one and one-half square feet shall be set back at least ten feet from any lot line.

727.05 Permitted signs in commercial districts.

(1)

Type of signs allowed: Business, construction, directional, flashing, illuminated, monument, motion, nameplate, pedestal, political, projecting, real estate, shopping center/industrial park for more than three businesses, temporary, and wall. Advertising signs allowed by conditional use permit only on lots having frontage of 150 feet or more.

(2)

Number and size of each type of sign allowed per lot frontage:

No sign shall exceed 200 square feet in area. Where a location is a corner lot, the sign area allowed may be increased by one square foot of sign area per lineal foot of public right-of-way along a side lot line.

(3)

Height: The top of the sign shall not exceed 35 feet above the average grade or building ridge line. Monument signs shall not exceed 12 feet above the average grade. Directional signs shall not exceed three feet above the average grade.

(4)

Setback: Any sign over six square feet shall be set back at least ten feet from any lot line, notwithstanding more restrictive portions of this section. In no case shall any part of a sign be closer than two feet to a vertical line drawn at the property line. All signs over 100 square feet shall be set back at least 50 feet from any residential district.

727.06 Permitted signs in industrial districts.

(1)

Type of signs allowed: Advertising (on lots with more than 150 feet of lot frontage), business, construction, directional, flashing, illuminated, monument, motion, nameplate, pedestal, political, projecting, real estate, shopping center/industrial park for more than three businesses, temporary, and wall.

(2)

Number and size of each type of sign allowed per lot frontage:

No sign shall exceed 200 square feet in area. Where a location is a corner lot, the sign area allowed may be increased by one square foot of sign area per lineal foot of public right-of-way along a side lot line.

(3)

Height: The top of the sign shall not exceed 35 feet in height above the average grade or building ridge line. Monument signs shall not exceed 12 feet above the average grade. Directional signs shall not exceed three feet above the average grade.

(4)

Setback: Any sign over ten square feet shall be set back at least ten feet from any lot line, notwithstanding more restrictive portions of this section. In no case shall any part of a sign be closer than two feet to a vertical line drawn at the property line. All signs over 100 square feet shall be set back at least 50 feet from any residential district.

727.07 Permitted signs in planned unit development districts.

(1)

The type, number, size, height and setback shall be regulated as specifically authorized by the terms of the planned unit development permit or according to the zoning district most appropriate to the principal use involved.

727.08 Permitted signs by a conditional use permit.

(1)

Where a use is permitted in a zoning district by conditional use permit, the sign for that use shall require a conditional use permit unless the sign is otherwise provided for in this ordinance without a permit. The type, number, size, height, setback, and terms shall be regulated as specifically authorized by the terms of the conditional use permit or according to the zoning district most appropriate to the principal use involved.

(2)

Displays, lights directed skyward, pieces of sculpture, fountains or other displays or features which do not clearly fall within the definition of a sign, but which direct attention to an object, product, place, activity, person, institution, organization or business shall require a conditional use permit.

727.09 Restrictions in all zoning districts.

(1)

No sign shall be allowed that:

(a)

Prevents egress from any door, window or fire escape.

(b)

Tends to accumulate debris as a fire hazard.

(c)

Is attached to a standpipe or fire escape.

(d)

Constitutes a hazard of health, safety or general welfare of the public.

(e)

By reason of position, shape, movement, color or any other characteristic, interferes with the proper functioning of a traffic sign or signal, constitutes a traffic hazard, or interferes with traffic control.

(f)

Contains any indecent or offensive picture or written matter.

(g)

Is painted directly on the outside wall of a building, fence, tree, stone or other similar object.

(2)

No sign, other than temporary directional or warning signs, shall be erected within the public right-of-way of any street or way or other public property. Such signs shall be removed by the city without notice.

(3)

Except for more restrictive subsections of this sign section, no sign that exceeds 100 square feet in area shall be erected or maintained which would prevent any traveler on any street from obtaining a clear view of approaching vehicles on the same street for a distance of 500 feet; be closer than 300 feet to a national, state or local park, historic site, picnic or rest area, church or school; be closer than 100 feet to residential structures; partly or totally obstruct the view of a lake, river, rocks, wooded area, stream or other point of natural and scenic beauty.

727.10 Design, construction and maintenance.

(1)

Sign design shall compliment the building and/or property on which it will be erected, as well as surrounding properties.

(2)

The soil used for the dug-in type of anchor or post support shall be carefully placed and thoroughly compacted. The anchors and supports shall penetrate to a depth below ground greater than that of the frostline.

(3)

Signs attached to exterior walls of solid masonry or concrete shall be safely and securely attached to the same by means of metal anchors, bolts or expansion screws of not less than three-eights (⅜) inch in diameter, which shall be embedded at least two inches. No wooden blocks or anchorage with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of wall signs attached to buildings with walls of wood.

(4)

Any sign which becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety shall be taken down and removed or structurally improved by the property owner and/or manager within ten days after written notice from the city.

(Ord. No. 688, § XII, 4-4-94; Ord. No. 725, § 725.02, 10-9-98; Ord. No. 795, § 1, 2-4-08)

The building and premises for automobile sales and showrooms shall meet the following requirements:

728.01. Setbacks and lot requirements:

(1)

Parking. A minimum of ten-foot-wide landscaped yard shall be required and maintained between any public street right-of-way and parking lots or buildings.

(2)

Contiguous site. Motor vehicle sales shall be on one lot or contiguous lots not separated by any other use.

(3)

Lot width. The minimum lot width shall be 150 feet at the minimum required front yard setback.

(4)

Lot area. A minimum lot area of two acres shall be required.

728.02. Access driveways:

(1)

Distance of driveway from street intersection. The distance of the driveway from the street intersection shall not be less than 50 feet; provided however, greater distances may be required to avoid reasonably anticipated traffic hazards.

(2)

Minimum distance between driveways. Minimum distance between driveways shall be 25 feet at the curb cut.

(3)

Minimum driveway angle to street. Minimum driveway angle to street shall be 90 degrees, unless otherwise approved by the community engineer.

(4)

Minimum distance between driveway and adjacent property shall be five feet at the curb cut.

(5)

No driveway shall exceed 25 feet in width, and no curb cut shall exceed 32 feet in width.

728.03. Screening. A screen shall be erected and maintained a minimum distance of 24 inches from all property lines separating institutional, residential dwelling or business and professional office districts or uses. The screening required in this section shall be not less than five feet in height.

728.04. Landscaping. A landscaped yard shall be constructed and maintained on all areas of the site not devoted to the building or parking areas.

728.05. Curbing. Interior concrete or asphalt curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas. Interior curbs required by this section shall be a nominal six inches in height.

728.06. Surfacing. The entire site on which motor vehicle sales is located, other than that devoted to buildings and structures or landscaped areas, shall be hard surfaced and maintained to control dust, erosion and drainage, before operation of the business begins.

728.07. Parking:

(1)

Customer parking. A minimum of 16 customer parking spaces shall be provided for every acre of total site area in a commercial or business district, and in addition, three spaces for each 1,000 square feet of gross sales floor area.

(2)

Employee parking. A minimum of two employee parking spaces shall be provided for every three employees.

The foregoing required parking spaces shall be shown and designated on the site plan.

728.08. Parking for outside sales and storage. The maximum area permitted for outside storage of automobiles, new and used, shall not exceed five square feet of outside storage area to each one square foot of enclosed ground floor area. No more than one automobile shall be stored on each 300 square feet of outside paved storage area. No rooftop parking shall be permitted.

728.09. Surface drainage plan and improvements. A drainage plan shall illustrate all paved area surface drainage flows. Catchbasins and/or settling ponds shall be required to dispose of interior parking or display area drainage.

729.01. Hazards and nuisances. Keeping of livestock or a domestic farm animal, as defined by the chart in section 729.02, on any site less than five acres, with less that two acres of existing grazable land per animal is hereby declared to be a nuisance. Keeping of a small bird or fowl, including a chicken (hen), turkey, duck, or pigeon, but excluding caged, indoor household birds, such as a parrot, finch, cockatoo, or canary, without first obtaining a permit is hereby declared to be a nuisance.

729.02. Grazable acres. Grazable acreage shall be defined as open pasture acreage capable of supporting summer grazing at a density of one animal unit, or its equivalent, per two acres. For purposes of these regulations, the following animal equivalents apply:

729.03. Permit requirements.

(1)

Livestock and domestic farm animals. The keeping of domestic farm animals in greater density than allowed by section 729.01 shall require a conditional use permit. To obtain such permit, the applicant must demonstrate that facilities are present and appropriate practices are being employed to preclude surface or ground water contamination, excessive manure accumulation, odor, noise or other nuisances. The applicant must have a Minnesota Pollution Control Agency feedlot permit for the proposed use.

(2)

Small bird and fowl. The keeping of small birds or fowl on any site shall require a permit. The duration of the permit is January 1—December 31 of each year. The annual fee for such permit shall be $25.00 for up to two birds/fowl, which must be paid at the time of application. The city zoning administrator may grant a permit pursuant to this section and the following conditions:

(a)

The applicant shall make written application and agree to adhere to all conditions under which the permit was granted (failure to adhere will result in refusal/revocation)

(b)

The applicant adheres to a minimum of one inspection of the premises on an annual basis (failure to adhere will result in refusal/revocation)

(c)

The applicant has received written consent of at least 80 percent of all persons having ownership in a property that adjoins to the property for which the permit is sought and can consistently provide this written consent as often as the city deems necessary.

(d)

At no time shall there be more than any combination of four birds or fowl on any single or two-family property (no birds or fowl are allowed on any property that contains three or more dwelling units).

(e)

The conditions under which the bird or fowl will be kept and cared for does not constitute a nuisance or health/safety concern.

(f)

The bird or fowl will at no time be contained within a dwelling unit.

(g)

The applicant must demonstrate that facilities are present and appropriate practices are being employed to preclude surface or ground water contamination, excessive fecal accumulation, odor, noise or other nuisances.

The city's zoning administrator or animal control officer may refuse or revoke any permit at any time for unsanitary or unfit conditions.

(Ord. No. 795, § 1, 2-4-08; Ord. No. 807, § 1, 6-1-09)

730.01. No person shall park or occupy a mobile home (see definition, section 3) on the premises of a lot with any occupied dwelling or on any land which is situated in the City of Bayport (see Ordinance 550, as amended), except as listed below.

730.02. Temporary construction office. A mobile home may be permitted as [with] a certificate of compliance in any district if the zoning administrator finds the following conditions are satisfied:

(1)

The mobile home will be utilized as a field headquarters for directing the ongoing construction of a project.

(2)

Only one mobile home shall be permitted on each project.

(3)

The mobile home [shall] have adequate sanitary facilities or the site shall have temporary sanitary facilities installed.

(4)

The mobile home and parking spaces shall adhere to all setbacks for the zoning district and shall only utilize the permitted access driveway.

(5)

The mobile home shall not be used as a dwelling unit.

(6)

The certificate of compliance is issued only after the building permit has been issued. The mobile home shall not be placed on the construction site until both a certificate of compliance and a building permit have been issued.

(7)

Such a permit shall expire when construction is completed or within 180 days from the date of issuance, whichever is less. Renewal of such a permit may be approved by the zoning administrator.

(8)

The mobile home shall be removed within 30 days of the permit termination.

731.01. A camper or travel trailer of the type generally used temporarily as living quarters during the hunting, fishing or vacation season and duly licensed and registered under the laws of the State of Minnesota may be parked on residential property in the community; provided however, that such camper or travel trailer shall not, while so parked, be used as a permanent human dwelling place, living abode or living quarters.

731.02. A camper, travel trailer or other recreational vehicle parked on a lot within an agricultural or residential district shall comply with all parking and building setbacks for the zoning district and shall only utilize the existing permitted access driveway into the site.

A camper, travel trailer or other recreational vehicle may not be parked on any land outside of an approved trailer park or an approved sales lot, except that the parking of one unoccupied trailer, in a residential district, is permitted provided that no living quarters shall be maintained or any business practices in said trailer while it is so parked or stored.

731.03. A camper or travel trailer of the type described in paragraph one [section 731.01] above and owned by a nonresident guest or visitor may be parked or occupied by said guest or visitor on property on which a permanent dwelling unit is located, for a period not to exceed 30 days while visiting the resident of said property. The recreational vehicle or trailer shall have self-contained sanitary facilities or standard on-site facilities as required by the community building official/sanitarian.

732.01. Trailer park operation. No person, firm or corporation shall develop or operate any trailer park in the City of Bayport (see Ordinance 550, as amended).

733.01. Before a conditional use permit for a service station is granted, the minimum requirements of the zoning district in which the service station is to be located shall be met.

733.02. A drainage system, subject to approval by the community engineer, shall be installed. The entire site other than that taken up by a structure or planting shall be surfaced with concrete or other material approved by the governing body. Pump islands shall not be placed in the required yards. The area around the pump island to a distance of eight feet on each side shall be concrete. A box curb not less than six inches above grade shall separate the public right-of-way from the motor vehicle service areas, except at approved entrances and exits. No driveways at a property line shall be less than 50 feet from the intersection of two street right-of-way lines. Each service station shall have at least two driveways with a minimum distance of 120 feet between centerlines when located on the same street.

733.03. No vehicles shall be parked on the premises other than those utilized by employees or awaiting service. No vehicle shall be parked or be awaiting service longer than 15 days. Existing service stations shall comply with this requirement within 45 days of the effective date of this ordinance.

733.04. Exterior storage besides vehicles shall be limited to service equipment and items offered for sale on pump islands; exterior storage of items offered for sale shall be within yard setback requirements and shall be located in containers such as racks, metal trays and similar structures designed to display merchandise. Existing service stations shall comply with this requirement within three months of the effective date of this ordinance.

733.05. All areas utilized for storage, disposal or burning of trash, debris, discarded parts and similar items shall be fully screened. All structures and grounds shall be maintained in an orderly, clean and safe manner. Existing service stations shall comply with this requirement within nine months of the effective date of this ordinance.

733.06. Business activities not listed in the definition of service stations in this ordinance are not permitted on the premises of a service station unless a conditional use permit is obtained specifically for such business. Such activities include but are not limited to the following: (a) automatic car and truck wash; (b) rental of vehicles, equipment or trailers; and (c) general retail sales.

733.07. Service stations shall be subject to all of the requirements necessary for the review and issuance of a conditional use permit as per section 505 of this ordinance.

734.01. In recommending the granting of a conditional use permit for structures containing three or more dwelling units, the planning commission shall find the proposed development plan is in substantial compliance with the approved apartment standards and community housing policies on file with the zoning administrator. In no event shall any building housing three or more families in a residential district have less than 10,000 square feet of lot area.

734.02. A conditional use permit shall be required for any structure built in an MF multiple-family residential district prior to issuance of a building permit. The purpose of a conditional use permit shall be to assure that site and building plans as well as the impact on the neighborhood are fully consistent with the intent and purpose of the zoning regulations and the comprehensive plan for the area.

All requests for conditional use permits shall be accompanied by a series of site plans and data showing:

(1)

Building locations, dimensions and elevations; all signs, structures, entry areas, storage sites and other structural improvements to the site.

(2)

Circulation plans for both pedestrian and vehicular traffic.

(3)

Fences and screening devices.

(4)

Solid waste disposal provisions and facilities.

(5)

Storm drainage plans.

(6)

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

(7)

Data pertaining to number of dwelling units, sizes, lot area, ratios, etc.

(8)

Exterior wall materials and design information.

(9)

A two-foot contour topographic map of the existing site.

(10)

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

(11)

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

(12)

A landscape plan. The site, when fully developed, shall be landscaped according to a plan approved by the governing body. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all seeded and sodded areas. The detailed landscape plan shall be prepared by a state-registered professional landscape architect.

(13)

A soil erosion control plan for the construction period. Areas within the construction zone shall be fenced with construction limit fencing as per the plan to prohibit heavy machinery and/or materials from being placed on areas not to be disturbed during construction. This shall, at a minimum, include all slopes in excess of 12 percent.

734.03. The required plans shall be reviewed by the planning commission and the governing body. The conditional use permit shall not be issued until site plan approval is obtained from the governing body after the required public hearing. The site plans, when approved, shall be made part of the conditional use permit and noncompliance with the site plans may be deemed by the governing body as grounds for the revocation of the conditional use permit.

734.04. The governing body shall require the developer to post a full performance bond guaranteeing that street, utility, storm drainage, landscaping and other individually specified improvements to the building site are completed as proposed on plans approved by the governing body.

734.05. The governing body, at its discretion, may require that the developer deposit in the community park fund a fee, per schedule, per dwelling unit to aid in the provision of increased recreational facilities, which are necessitated by growth in the community's population from the development. These monies shall be earmarked for capital improvements.

734.06. Lot dimensions:

(1)

Lot area per dwelling unit with sewer shall be as per this ordinance (section 602).

(2)

In areas not served with public sewer and water, an engineering study shall be required to determine the population density that an on-site sewage system would support. This should be related to the density of the proposed development.

(3)

Minimum lot width: Seventy-five feet (with central sewer).

(4)

Front yard (setback): Thirty feet.

(5)

Side yard (setback):

Adjacent to another lot: Ten feet or three-fourths the height of the building, whichever is greater.

Adjacent to a street: Twenty feet.

(6)

Rear yard (setback): Thirty feet.

(7)

If a site abuts more than one street or planned future street, each street shall be treated as a frontage.

734.07. Parking requirements:

(1)

Two parking spaces per unit shall be provided on the same site as the dwelling unit. Each space shall not be less than ten feet wide and 20 feet in length, or as approved by the planning commission, and each space shall be served adequately with access drives.

(2)

Parking spaces shall not be within 20 feet of the side lot line, within the front yard or within five feet of the rear lot line.

(3)

Bituminous or concrete driveways and parking areas with concrete or asphalt curbing shall be required.

734.08. Landscape provisions:

(1)

The design shall make use of all land contained in the site. All of the site shall be related to the circulation, recreation, screening, building, storage, landscaping, etc., so that no portion of the site remains undeveloped.

(2)

A minimum of 30 percent of the site shall be landscaped.

734.09. Screening:

(1)

Screening to a height of at least five feet shall be required where:

(a)

Any off-street parking area contains more than six parking spaces and is within 30 feet of an adjoining residential zone; and

(b)

Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential zone.

(2)

All exterior storage shall be screened. The exterior storage screening required shall consist of a solid fence or wall not less than five feet high, but shall not extend within 15 feet of any street, driveway or lot line.

(3)

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

(4)

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

734.10. Appearance. All buildings within an apartment development shall be so planned that they have the equivalent of a front appearance on each exterior vertical surface.

734.11. General building or structural requirements:

(1)

Requirements for exterior wall surfacing and covering: All multiple-family dwelling buildings shall be designed and constructed to have the equivalent of a front appearance on each exterior surface. All accessory or ancillary buildings, including garages, shall be designed and constructed with the same facing materials as the principal building. Such material shall be used in the same or better proportions as used on said principal building.

(2)

Restrictions against protruding air conditioners: No multiple-family dwelling shall have an air conditioning unit protruding from any exterior wall, except to the extent required for proper functioning of said air conditioning unit. An appropriate grill shall be provided to cover any such protrusion, which grill shall be designed to appear as an integral part of the exterior wall.

(3)

Open air drying of clothes: Open air drying of clothes shall not be permitted on the grounds of multiple-family dwellings except when the following conditions are met:

(a)

The areas for open air drying of clothes are specifically drawn on the original site plans.

(b)

A durable and dustless surface and adequate screening is provided for the entire area to be used for the drying of clothes.

(4)

Each multiple-family dwelling development containing more than four dwelling units shall include a play area, part of which shall be a paved surface.

(5)

Any blighting or deteriorating aspects of the multiple-family dwelling development shall be placed upon or absorbed by the site itself, rather than by neighboring residential uses. This provision particularly applies to the location of parking areas.

(6)

The design shall make use of all land contained in the site. All of the site shall be related to the multiple-family use, either parking, circulation, recreation, landscaping, screening, building, storage, etc., so that no portion remains undeveloped.

(7)

Trash incinerators and garbage: There shall be no exterior incineration and all storage shall be completely enclosed by walls and roof.

(8)

If it is intended that individual buildings of a multiple-family dwelling complex be sold separately, provision shall be made so that each such building to be sold abuts upon a public street.

735.01. Townhouse developments, the placing of common wall residential dwelling units in compact groupings, may be permitted in any residential or multiple-family district following issuance of a conditional use permit. In recommending the granting of a conditional use permit for structures containing three or more dwelling units, but only one use, the planning commission shall find that the proposed development plan is in substantial compliance with the approved townhouse and multiple-family standards of this ordinance and the community housing policies on file with the zoning administrator. All requests for conditional use permits for townhouse developments shall be accompanied by a series of site plans and data showing:

(1)

Complete details of the proposed site development, including location of buildings, driveways, parking spaces, dimensions of the parking spaces, dimensions of the lots, lot area and yard dimensions.

(2)

Complete recreation plans illustrating all recreational facilities and structures.

(3)

Complete circulation plans for proposed pedestrian and vehicular traffic.

(4)

Population and services required (kind and amount).

(5)

Complete plans for screening and fencing devices.

(6)

Preliminary architectural plans showing the floor plan and elevations of the proposed buildings.

(7)

Complete plans and specifications for exterior wall finishes proposed for all principal and accessory structures.

(8)

Complete data as to dwelling unit sizes and ratios of dwelling units to total lot space.

(9)

A two-foot contour topographic map of the existing site.

(10)

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

(11)

Estimates of solid waste disposal and provisions and facility plans for such disposal.

(12)

Complete plans and documents of the homeowners' association, which explain:

(a)

Ownership and membership requirements.

(b)

Organization of the association.

(c)

Time at which the developer turns the association over to the homeowners.

(d)

Approximate monthly or yearly association fee for homeowners.

(e)

Specific listing of items owned in common, including such items as roads, recreational facilities, parking, common open space ground and utilities.

(13)

Services and facilities plan. A services and facilities plan shall contain a map or maps setting forth the general location and extent of any and all existing and proposed systems for sewage, domestic water supply and distribution, refuse disposal, drainage, local utilities and rights-of-way, easements, facilities and appurtenances necessary therefor.

(14)

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

(15)

A landscape plan. The site, when fully developed, shall be landscaped according to a plan approved by the governing body. The landscaping plan shall specify the size, type and location of all trees and shrubbery, and the location of all seeded and sodded areas. The detailed landscape plan shall be submitted by a state-registered professional landscape architect.

(16)

A soil erosion control plan for the construction period. Areas within the construction zone shall be fenced with construction limit fencing as per the plan to prohibit heavy machinery and/or materials from being placed on areas not to be disturbed during construction. This shall, at a minimum, include all slopes in excess of 18 percent.

(17)

A construction staging plan illustrating the staging phases and order of construction in specific time periods.

(18)

A preliminary plat.

735.02. The required plans shall be reviewed by the planning commission and the governing body. The conditional use permit shall not be issued until site plan approval is obtained from the governing body after the required public hearing. The site plans, when approved, shall be made part of the conditional use permit, and noncompliance with the site plans may be deemed by the governing body as grounds for the revocation of the conditional use permit.

735.03. The governing body shall require the developer to post a 125 percent performance bond guaranteeing that street, utility, storm drainage, landscaping and other individually specified improvements to the building site are completed as proposed on plans approved by the governing body.

735.04. Building permits. Following approval of the site plans, building permits may be issued for proposed structures within the approved development permit area, provided:

(a)

That the project appears to be in substantial conformance with the final approved conditional use permit and with the approved site plans;

(b)

That the necessary bonds have been acquired as provided in this section;

(c)

That the proposed improvement or building construction is in accordance with the approved order of construction as per the construction staging plan or other specific terms of the approved permit as may be in any way involved respecting a staged development;

(d)

That the final plat as is required by the terms of this ordinance has been filed with the appropriate governmental recording agency; and

(e)

That the proposed structure meets the requirements of applicable codes.

735.05. The following standards shall apply although these may be modified and added to under provisions of the conditional use permit:

(1)

Minimum project area per unit shall be 6,000 square feet.

(2)

Diversity in housing types and architecture within an overall design plan shall be required.

(3)

In addition to common open space, each unit shall have an area specifically designed and developed for outdoor living (patio, small yard, large balcony, etc.) for individual family enjoyment as contrasted to apartment living.

(4)

Each project shall have family or private recreation areas specifically designed to accommodate the needs of the occupants.

(5)

Air conditioners and other apparatus shall be designed such that they blend in well with the architecture and in no way conflict with outdoor living aspects of the project.

(6)

Applicable standards for normal multiple-dwelling structures (section 734), such as those relating to noise, fire alarms, storage of trash and the like, shall be applied to townhouse developments.

(7)

Not less than 25 percent of the total project area shall be useable open space designed and developed for common use by the occupants of the development for recreational and other common usage participation. Open spaces between structures, including those spaces being used as recreational areas, shall be protected by adequate covenants or such other methods as may be specified.

(8)

The dimensions and construction of roads and parking areas within the development, whether or not public dedication of them is contemplated, shall conform with all applicable community regulations and standards.

(9)

The height of any dwelling unit shall not exceed 35 feet nor shall the distance between principal structures be less than 30 feet.

(10)

Any dwelling unit which contains a study or similar room capable of being converted into a bedroom shall be considered as having said room as a bedroom.

(11)

Minimum total floor area requirements shall be the same as for multiple-family structures.

(12)

All buildings including attached or detached garages shall be set back from the street curb at least 25 feet. No building within a townhouse project shall be closer than 60 feet to any single-family zoning district.

(13)

Each dwelling unit shall be provided with at least two parking spaces.

(14)

The storage of boats, campers, trailers, disabled cars or any similar uses shall be permitted only in a designated location on the site and shall contain one-half parking space per dwelling unit. This storage site shall be fenced, screened and have lockable gates.

(15)

Each dwelling unit shall be occupied by one family as defined in the zoning regulations. No dwelling shall be utilized for any purpose other than occupancy by a family, unless specifically authorized by conditions of a conditional use permit.

(16)

Television antennas are to be centralized for four or more attached groupings of dwelling units.

(17)

A fee per dwelling unit, as per schedule, shall be paid into the park and recreation fund as building permits are issued. All or portions of said fee may be refunded following full development of the project, provided it can be demonstrated to the satisfaction of the governing body that all or portions of the recreational needs of the occupants have been met within the project development. Generally recognized standards for neighborhood recreational needs shall be utilized as a guideline to making this decision.

(18)

Townhouse projects proposed in zoning districts where public sewer and water are not available or are not installed shall not exceed the allowable net dwelling unit density for single-family residences in the same district.

735.06. Final plat. All applicants for a conditional use permit for clustered townhouse developments shall be required to file with the appropriate governmental recording agency a plat of said clustered townhouse development complying with all of the requirements of the subdivision ordinance, except to the extent that the planning commission may have given specific permission to the effect that specific portions of the subdivision ordinance may be waived. Such required plats shall be filed within 120 days after the date of the action giving final approval.

735.07. Private streets. Whenever it does not contradict the provisions of this ordinance as it relates to an adopted transportation plan or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in the application, streets which are intended to be kept continuously closed to public travel or are at all times posted as private streets may be retained as private streets and so reflected upon the final plat made part of the permit; provided an agreement is entered into between the owner of said private streets and the community assuring that the construction, operation and maintenance of said streets will be accomplished in accordance with the approved standards (see section 744, private roads).

Editor's note— Ord. No. 772, § 1, adopted May 2, 2005, deleted § 736, which pertained to cluster developments and derived from Ord. No. 621, adopted Dec. 7, 1981.

737.01. Shopping centers may be permitted in residential and general business districts following the issuance of a planned unit development conditional use permit.

737.02. Shopping centers which contain two or less retail stores on five acres or less may follow the planned unit development procedures of this ordinance called "general development plan for small areas."

737.03. Shopping centers which contain three or more retail stores and/or include more than five acres in the total development plan shall follow the planned unit development procedure of this ordinance called "general development plan for large or complex areas."

737.04. The total development plan of any shopping center shall include at least two acres, although there is no minimum lot size for individual businesses located within a shopping center.

737.05. The developers of any shopping center shall demonstrate that they are financially able to carry out the project and that they will begin construction within 18 months after action on the proposal, and will substantially complete the project within five years; if said construction has not begun within 18 months, or if the project is not 50 percent completed within five years, any further development of any type shall require a conditional use permit and the planning commission may move to initiate a rezoning back to that in effect prior to commercial zoning.

737.06. Shopping centers shall be located adjacent to an arterial or collector street as shown on the community comprehensive plan.

737.07. All uses proposed in this section [737] shall comply with the dimensional criteria established for the general and retail commercial districts in section 602.01 of this ordinance.

738.01. No land shall be developed or altered and no use shall be permitted that results in surface water runoff causing unreasonable flooding, erosion or deposit of minerals on adjacent properties or waterbodies. Such runoff shall be properly channeled into a storm drain, a natural watercourse or drainageway, a ponding area or other public facility.

738.02. The zoning administrator, or his representative, upon inspection of any site which has created drainage problems or could create drainage problems with proposed new development, may require the owner of said site or contractor to complete a grading plan and apply for a grading permit.

738.03. The owner or contractor of any natural drainage improvement or alteration may be required by the zoning administrator to obtain recommendations from the Minnesota Department of Natural Resources, the soil conservation agent, the affected watershed district(s) and/or the community engineer(s), as well as obtaining a local grading permit.

738.04. On any slope in excess of 12 percent where, in the opinion of the zoning administrator, the natural drainage pattern may be disturbed or altered, the zoning administrator may require the applicant to submit both a grading plan and a soil conservation plan prior to applying for a building permit.

739.01. Within this section, land reclamation is the reclaiming of land by depositing or moving material so as to alter the grade. Land reclamation shall be allowed only by a grading permit in all districts. Depositing a total of more than 50 cubic yards of material per acre, either by hauling in or regrading the area, shall constitute land reclamation. Land reclamation in floodplains shall be in accordance with the floodplain management ordinance. The grading permit shall include as a condition thereof a finished grade plan which will not adversely affect the adjacent land and as conditions thereof may regulate the type of material permitted, program for rodent control, plan for fire control, and general maintenance of the site, controls of vehicular ingress and egress, drainage and control of material disbursed from wind or hauling of material to or from the site.

739.02. No person, partnership or association, private or public corporation, county, municipality or other political subdivision shall appropriate or use any public water, surface or underground, without first securing a use of public waters permit and written permission of the commissioner of the division of waters, soils and minerals of the state department of natural resources. For purposes of these regulations, public waters shall be as defined in M.S.A. ch. 105, and as follows: Public waters shall include all lakes, ponds, swamps, streams, drainageways, floodplains, floodways, natural watercourses, underground water resources and similar features involving directly or indirectly the use of water within the community.

No public water area shall be filled, partially filled, dredged, altered by grading, mining or otherwise utilized or disturbed in any manner without first securing a public waters use permit from the Minnesota Department of Natural Resources and the U.S. Army Corps of Engineers, and a grading permit from the community zoning administrator. Such grading permits shall be reviewed and approved by the department of natural resources, the community engineer, the watershed district, the planning commission and the governing body.

(Ord. No. 872, § 1, 4-1-19)

740.01. On any development or land reclamation project with more than one acre of soil, drainage patterns or vegetation cover that would be either destroyed or disturbed by the construction process, the community zoning administrator may require the owner or contractor on said project to request the soil conservation district to prepare a soil conservation plan to protect the soil from erosion or sheet runoff for the duration of the construction project and/or over the long-term occupancy of the site.

740.02. The zoning administrator may require a soil conservation plan on projects which disturb less than one acre of soil, drainage patterns or vegetation cover if, in the judgment of the zoning administrator, significant soil erosion, vegetation destruction or drainage damage may occur during the construction process.

740.03. A soil conservation plan shall consist of specific written recommendations on how to protect the soil, vegetation and drainage patterns during the construction process. The zoning administrator may require construction fencing along the edges of the construction area.

740.04. Where construction of a structure is proposed on slopes of 12 percent to 18 percent, the zoning administrator may require the applicant to provide a grading and erosion control plan and may require a certificate of compliance.

740.05. Where construction of a structure is proposed on slopes of 18 percent and above, the zoning administrator shall require the applicant to provide a grading and erosion control plan and a certificate of compliance prior to issuance of a building permit.

740.06. The governing body may require the applicant to post a bond to ensure the orderly completion of the grading and erosion control plan by a specific date.

741.01. All mining and related uses of land, including but not limited to the excavation, removal or storage of sand, gravel, rock, clay and other natural deposits, are subject to the adopted standards, codes, ordinances and regulations of the planning commission and/or governing body related to such activities.

742.01. All agricultural operations in existence upon the effective date of this ordinance shall be a permitted use. However, all regulations contained herein and other community ordinances in effect shall apply to all changes of the agricultural operation which will cause all or part of the area to become more intensively used or more urban in character. Setback and other regulations shall apply to agricultural operations just as they do to urban developments. Any agricultural building exceeding $1,000.00 in value erected on a farm shall require a certificate of compliance and shall meet the provisions of this ordinance.

742.02—742.04. Reserved.

742.05. The governing body may require any farm operation not located in an agricultural district to secure a conditional use permit to continue said operations in the event of the following:

(1)

A nuisance on a farm is adjacent to or within 100 feet of any property line and may be detrimental to living conditions by emitting noise, odor, vibrations, hazards to safety and the like.

(2)

The farm operations are so intensive as to constitute an industrial type use consisting of the compounding, processing and packaging of products for wholesale or retail trade and further, that such operations may tend to become a permanent industrial type operation that cannot be terminated as can a normal farming operation. Excessive trucking operations shall be considered as intensive use.

(Ord. No. 772, § 1, 5-2-05)

743.01. Access drives may not be placed closer than five feet to any side or rear lot line. No access drive shall be closer than three feet to any single- or two-family residence, and no closer than five feet to any multiple-family building or commercial building. The number and types of access drives onto major streets may be controlled and limited in the interests of public safety and efficient traffic flow.

743.02. Access drives onto city roads shall require an access permit from the city engineer. This permit shall be acquired prior to the issuance of any building permits. The city engineer shall determine the appropriate location, size and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow. The city engineer may refer the request for an access drive permit onto a city road to the planning advisory commission for their comment.

743.03. Access drives to principal structures which traverse wooded, steep or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The community engineer or building official shall review all access drives (driveways) for compliance with accepted community access drive standards.

743.04. Driveway/accessway standards:

743.05. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway, or an existing private roadway approved by the governing body.

In addition to the required direct physical access along the frontage of the lot or parcel to the approved public or private roadway, a lot or parcel may have private easement access drives to the lot over adjacent lots or parcels.

744.01. Private roads may be utilized in planned unit developments and cluster developments, provided:

(1)

Ownership and maintenance of said roads shall be the responsibility of the homeowners' association.

(2)

Said road design shall meet or exceed the community standards for public roads, including travel by emergency vehicles.

(3)

Said road right-of-way shall be platted as an outlot in the final plat, and shall meet or exceed the right-of-way requirements for an equivalent public road in the community.

(4)

The homeowners' association shall establish a formal, written procedure for petitioning community takeover of said road. The association shall provide written evidence that at least 90 percent of the voting members of the association approved the transfer of road responsibilities to the community.

(5)

The community and the homeowners' association shall establish an assessment procedure for all abutting, benefitting land in case public dedication and/or upgrading of the previously existing private road is officially petitioned for by the homeowners' association.

(6)

An easement is granted to the community by the association, which allows the community to use the road and road right-of-way for any reasonable public purpose, including but not limited to travel by emergency vehicles and installation of public utilities and conveniences.

744.02. Private roads shall not connect two or more existing or proposed public roads or road rights-of-way.

744.03. Private roadway systems within cluster developments or planned unit developments shall provide access to the public community road system only, and shall not connect with private roads of other developments without the formal written approval of each homeowners' association and the governing body.

744.04. Before final approval is given for a private road by the governing body, the homeowners' association shall grant the community an option to acquire the full right-of-way otherwise required by the community zoning and subdivision ordinance for public road purposes along the entire length of such road, at such time as the governing body, in its sole discretion, determines that it is in the public interest to acquire the road, without any cost to the community.

745.01. In all districts, the following standards shall apply:

(1)

A certificate of compliance shall be required for all private tennis courts on residential lots.

(2)

A conditional use permit shall be required for all public, semipublic and commercial tennis courts.

(3)

An application for a certificate of compliance or a conditional use permit shall include a site plan showing: The size, shape and pavement and subpavement materials, the location of the court, the location of the house, garage, fencing, septic systems and any other structural improvements on the lot, the location of structures on all adjacent lots, a grading plan showing all revised drainage patterns and finished elevations at the four corners of the court, landscaping and turf protection around the court, location of existing and proposed wiring and lighting facilities.

(4)

Tennis courts shall not be located closer than ten feet to any side or rear lot line. Tennis courts shall not be located within any required front yard.

(5)

Tennis courts shall not be located over underground utility lines of any type, nor shall any court be located within any private or public utility, walkway, drainage or other easement.

(6)

Solid tennis court practice walls shall not exceed ten feet in height. A building permit shall be required for said walls. Said walls shall be set back a minimum of 30 feet from any lot line.

(7)

Chainlink fencing surrounding the tennis court may extend up to 12 feet in height above the tennis court surface elevation.

746.01. For purposes of this ordinance, the following definitions are made:

(1)

Clear cutting shall be defined as removal of all live vegetation in excess of six inches in diameter at breast height on any area of 20,000 square feet or more in size.

(2)

Selective cutting shall be defined as the removal of single, scattered live trees or shrubs in excess of six inches in diameter at breast height.

746.02. Clear cutting of vegetation shall not be permitted within any required yard of any lot or parcel within any zoning use district.

746.03. Clear cutting for commercial tree production purposes shall require a conditional use permit in an industrial district. (See section 604.)

746.04. Selective tree cutting may occur on any lot provided:

(1)

Any cutting on slopes of greater than 18 percent shall require a soil conservation district revegetation plan and a certificate of compliance prior to issuance of a building permit.

(Ord. No. 772, § 1, 5-2-05)

747.01. Interim uses and structures may be placed in commercial or industrial districts after obtaining a conditional use permit. These interim uses may be utilized in a temporary manner as specified by the governing body, during which the development planned for the area in the community plan has not yet occurred.

747.02. Interim uses and structures utilized for interim storage of wholesale or retail products or shelter of farm crops and animals shall be limited to a maximum of five years or as stipulated by the governing body. No wholesale or retail sales or sales office activities shall occur on the site or in the structure.

747.03. Interim uses and structures shall not require additional public roadway or premature extension of central sewer or water systems.

747.04. The governing body may specify the length of time which may be utilized for said interim use or structure. The specific length of time may be a condition of approval of the conditional use permit.

747.05. The planning commission and governing body shall review the interim use or structure and shall limit the new structural investment on the site to a specific dollar amount, which through a graduated timetable of depreciation of the structure should reach zero book value at a specific year or length of time, after which the interim use or structure shall be removed.

747.06. Grading or alteration of the site, except for driveway access and building construction, shall not be permitted for interim uses or structures.

747.07. Conditional use permits issued by the governing body for an interim use or structure shall be recorded with the zoning administrator by the applicant prior to the issuance of building permits or certificates of occupancy.

(Ord. No. 772, § 1, 5-2-05)

748.01. Findings and purpose.

The City of Bayport is committed to maintaining the quality of life and has a compelling interest in protecting the character of its residential neighborhoods. The city finds that short term rentals located in residential zoning districts constitute commercial use of residential property, and if unregulated, can conflict with the residential nature of the zoning districts, disrupt the residential nature of neighborhoods, and have a negative impact on the livability of residential neighborhoods. Therefore, in order to ensure adequate and stable housing options for residents, preserve the residential character of the city's residential zoning districts, and provide for the health, safety and welfare of its residents, the city determines that it is appropriate to require a license and provide reasonable regulations for all short term rentals.

748.02. Definitions.

For the purpose of this section, the following words and terms are defined as follows:

License. A certificate issued to operate a short term rental dwelling, approved by the city council.

License holder. The owner of property licensed to rent to transient guests.

Manager/operator. A property owner, person, enterprise, or agency responsible for operating a short term rental.

Property. The real estate upon which a residential building is held out for short term rental.

Property owner. An individual or entity who holds legal title to a parcel of land and structures.

Qualifying relative. A parent, stepparent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece. This relationship may be either by blood or marriage, or it may be established pursuant to a foster care arrangement.

Rental. An arrangement between a license holder or manager/operator and transient guest whereby compensation in the form of money, goods, labor, consideration, or otherwise is charged, whether or not received, in exchange for the right to use or occupy a residential building.

Rental dwelling unit. A building or one or more portions thereof occupied exclusively for human habitation and held out for rent to transient guest other than the property owner and/or qualifying relatives but not including rooms in hotels, motels, nursing homes, boardinghouses, nor trailers, tents, or trailer coaches.

Short term rental. A process by which any residential building, or portion thereof, is rented to a transient guest for less than 30 consecutive days in a residential zoning district or planned unit development residential zoning district.

Transient guest. Any adult person, who at their own expense or at the expense of another, exercises or is entitled to occupancy or possession of a rental dwelling unit, by reason of any rental arrangement for a period of less than 30 consecutive days. Any individual who is a qualifying relative to the property owner is not a transient guest.

748.03. License required.

No person shall operate a short term rental dwelling anywhere within the city without first having obtained a license issued by the city council. The city may inspect any premises in existence as an unlawful short term rental, or which is reasonably believed to be in violation of the prohibitions of this section to verify compliance. The city also may require a property owner to produce a rental agreement, lease, contract, or similar documentation to verify the subject property is not being used as a short term rental.

(1)

Eligibility. No more than a total of ten short term rental licenses may be valid within the city at one time. A short term rental license shall not be issued to a property adjoining an existing short term rental, including properties separated by a street, alley, or approved or unapproved right-of-way, or other city owned property. In order to establish and operate a short term rental which exceeds these limitations, a special exemption from the city council must be obtained.

To be considered for a short term rental license, the following property standards and site specifications must be met:

a.

Minimum of one bedroom. All bedrooms must be located in principal dwelling. No accessory structure bedrooms are allowed.

b.

Open, unblocked interior access to short term rental dwelling area within property owner occupied, single-family dwellings.

c.

Open, unblocked interior access to operating kitchen area and bathroom facilities for transient guests.

d.

Operating gas, electric, water, and sewer service, as applicable.

e.

Collection service and sufficient containers for trash and recycling.

f.

House numbers easily visible from adjacent street(s) both day and night.

g.

Property meets or exceeds residential code standards applicable to a short term rental identified by city inspection.

h.

Proof of liability insurance in the aggregate of not less than $300,000.00 and ability to confirm coverage remains in place within 24 hours of a city request or proof of an agreement that each rental will be conducted through a short term rental platform that provides equal or greater coverage.

i.

Proof of Minnesota Sales Tax Account Number or that one has been applied for.

(2)

Application and fees. An application for a license to conduct short term rental of property shall be made on a form provided by the city, and include supplemental property information identified on the application form, to verify license eligibility and applicable fees. License fees are as stated in Appendix D—Fee schedule of the Bayport City Code of Ordinances. Refunds of license fees will not be issued. Should any required application information change during the license period, the property owner shall notify the city within 30 days. Failure to do constitutes a license violation.

(3)

Inspection. Once license eligibility has been verified, the city will complete an inspection of the premises for residential code standards applicable to renting a home on a short term basis. An inspection report will be prepared by city staff, and if items must be corrected, all corrections must be completed and verified by the city prior to being considered for issuance of a license by the city council. The property owner is responsible for any re-inspection costs.

(4)

Action. Applications meeting license eligibility and residential code standards will be considered for approval by the city council. Following approval, notice of the short term rental license issuance will be mailed by the city to all surrounding property owners within 350 feet of the subject property.

The following shall be grounds for denial of a license, but is not an exhaustive or exclusive list, and the city may rely on other grounds for denial, in the sole and absolute discretion of the city council.

a.

The property owner provides false or misleading statement or documentation on the application form or supplemental property information.

b.

The existence of a development contract, planned unit development, homeowners' or neighborhood association covenants, rules, or regulations, or land use requirement that restricts rental units.

(5)

Term. All licenses are issued for a period of one year, beginning January 1 and expiring on December 31 of that year.

(6)

Transfer. All licenses issued under this section shall be valid only on the property for which the license was issued and only to the property owner to whom the license was issued and shall expire upon change of ownership of the property.

(7)

Renewal. The renewal of a license shall be processed in the same manner as the original application, including the inspection, but shall not require city council approval, unless deemed necessary by the city administrator. The issuance of a license under this section shall be considered a privilege and not an absolute right of the property owner and shall not entitle the license holder to an automatic renewal of the license. Application for renewal of a license that was suspended or revoked by the city in the preceding 12 months shall be subject to city council approval.

748.04. Use of property. Short term rental operations must comply with the following:

(1)

Occupancy. The number of transient guests is limited to four per bedroom, with one additional guest per dwelling, and in no case shall there be more than 12 transient guests per premises.

(2)

Minimum age. The primary overnight and daytime transient guest of a short term rental must be an adult 18 years of age or older.

(3)

Noise/quiet hours. Noise shall not carry beyond property lines and shall be subject to the city's noise regulations, including reduced noise levels between 10:00 p.m. and 7:00 a.m.

(4)

Outdoor use. No special events, loud parties, camping, fireworks, or discharge of firearms is allowed.

(5)

Exterior modifications. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short term rental, except that additional off-street city code compliant parking may be provided and appropriate signage designating such.

(6)

Emergency contact. The property owner shall provide the city and any transient guest with an emergency contact that will be available to respond to complaints regarding the condition, operation, or conduct of transient guests of a rental at the property within 60 minutes.

(7)

Advertising. The property owner or manager/operator may not advertise or promote, or allow another to advertise or promote, the dwelling as a short term rental if the dwelling is not licensed by the city or in violation of the city code or state law. All advertising for the short term rental shall include the city issued license number.

(8)

Guest disclosure. The dwelling unit must have posted in a prominent place, at a minimum, the items listed above, as well as contact information for the property owner, manager/operator, and emergencies, city issued license number, rules related to the use of outdoor features, and any other regulations required by the property owner.

(9)

Conduct. The property owner or manager/operator shall take reasonable action to notify law enforcement of disorderly behavior by transient guests on the property. Disorderly behavior may include, but is not limited to, any violation of any city, state, or federal law pertaining to noise, nuisances, disorderly conduct, violence or the threat of violence, damage to property, dangerous weapons, a disorderly house, unlawful assembly, the use or sale of alcohol, or illegal drug activity.

748.05 License suspension or revocation.

(1)

Consideration. Failure at any time during the license period to meet or exceed the criteria established for the current license constitutes grounds for suspension or revocation by the city. Upon suspension, or revocation of a license, the city shall provide written notice to the property owner, along with notice of the right to appeal the decision to the city council pursuant to section 503 of the zoning code.

(2)

Violations. The city may conduct an inspection of the property as deemed necessary or prudent and without limitation based upon any complaints or violations that occur. The property owner shall be responsible for the conduct of its agents and employees while engaged in normal business activities on each property subject to a license.

The city may suspend or revoke any license issued upon the following grounds:

a.

Complaints. Three or more relevant and substantiated complaints within a 12-month period.

b.

Code compliance. Violation of the building, fire, zoning, or safety code or other city ordinance upon notice.

c.

Criminal conviction. A conviction of a felony, or charged with, but convicted of a lesser charge of a crime, or is under a stay of adjudication from a charge involving a violation of any sex-related offense in any other jurisdiction, any prostitution-related offense, criminal sexual conduct, indecent exposure, surreptitious intrusion, disorderly house as defined by Minnesota Statutes, theft, felony drug offense, any crime of violence as defined by Minnesota Statutes, or any other similar crime.

d.

False statements. False statements on any application or other provided by the property owner or operator/manager or failure to provide timely updated information during the license period.

e.

Delinquent charges. Real estate or personal property taxes, municipal water/sewer, or waste collection charges have become delinquent, or unpaid fines payable to the city exist.

f.

Failure to meet license requirements. Failure to meet eligibility and/or use of property requirements.

748.06 Violations, enforcement, fines, and penalties.

(1)

A violation of this section by a property owner constitutes the basis for suspension or revocation as set forth above and furthermore, are subject to civil penalties and/or administrative fines and may result in injunctive action by the city. Eash violation of this section is a misdemeanor violation under state law. In addition, the city may impose a civil penalty in the amount of up to $1,000.00 for renting, leasing, or occupying a residential building or rental dwelling or part thereof for less than 30 days without a license. Failure to pay civil fines or penalties may result in future license ineligibility. Nothing in this section may be construed to limit the city's other available legal remedies for any violation of law. Each day that the property owner is in violation of this section constitutes a separate violation.

(2)

In addition to penalty provisions above, the fine for each substantiated and relevant complaint or violation shall be as stated in Appendix D—Fee schedule of the Bayport City Code of Ordinances and constitutes grounds for suspension or revocation.

(3)

The city may bring an action to restrain, enjoin, or abate violations of this section.

(Ord. No. 874, § 1, 12-2-19; Ord. No. 894, § 1, 11-13-23)