Conditional use permits for a bed and breakfast shall meet the following conditions:

   (A)   The facility shall comply with all health, fire, safety rules and other regulations of the state and the city.

   (B)   The maximum number of bedrooms shall be established at each facility.

   (C)   Limitations of additional functions such as receptions or business meetings shall be established.

   (D)   Exterior appearance and lighting shall be compatible with the neighborhood.

   (E)   Identification signs shall meet the requirements of § 154.020.

   (F)   The conditional use permit is restricted to the applicant and not the property.

   (G)   All bedroom units shall be established within the principal residence.

   (H)   Cooking facilities shall not be permitted in the guest rooms.

   (I)   Appropriate insurance including liability insurance shall be filed with the City Clerk;

   (J)   Other commercial enterprises shall not be operated in conjunction with this facility without a home occupation conditional use permit.

   (K)   The facility shall comply with initial and annual reports on building and housing code inspections.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

   The purpose of this section is to establish standards and procedures by which day care facilities can be conducted within the city without jeopardizing the health, safety, and general welfare of the day care participants and/or surrounding neighborhood. This section establishes the city’s minimum requirements for the establishment and operation of a day care facility which are not defined as permitted uses by state statute or which are located in uses other than single family homes. Day care facilities other than those defined as permitted uses by state statutes which operate in a single family dwelling as an accessory use shall be subject to § 154.018 and processed as a home occupation.

   (A)   Application. Day care facilities shall be allowed by conditional use permit within all residential and business districts of the city and shall be subject to the regulations and requirements of § 154.178. In addition to the city regulations, all day care facility operations shall comply with the minimum requirements of the Minnesota Department of Human Services, as may be amended.

   (B)   Declaration of conditions. The Planning Commission and City Council may impose such conditions on the granting of a day care facility conditional use permit as may be necessary to carry out the purpose and provisions of this section.

   (C)   General provisions. Day care facilities shall be allowed as a principal use or as an accessory use, provided that the day care facilities meet all the applicable provisions of this section.

      (1)   Lot requirements and setbacks. The proposed site for a day care facility as a principal use shall have a minimum lot area as set forth in the respective zoning district. The City Council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain the public health, safety and general welfare. The day care facility shall meet the setback requirements of the respective zoning district.

      (2) Sewer and water. All day care facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility.

      (3)   Buffering. Unless exempted by the Zoning Administrator, where an outdoor play area of a day care facility abuts any commercial or industrial use or zone, or public right-of-way, the day care facility shall provide screening along the shared boundary of such uses, zones, or public rights-of-way. All of the required fencing and screening shall comply with the fencing and screening requirements of § 154.017.

      (4)   Parking.

         (a)   There shall be adequate off-street parking, which shall be located separately from any outdoor play area and shall be in compliance with § 154.019.

         (b)   When a day care facility is an accessory use within the structure containing another principal use, parking for each use shall be calculated separately for determining the total off-street parking spaces required. An exception to this requirement may be granted by the Zoning Administrator in instances where no increase in off-street parking demands result.

      (5)   Signage. All signing and informational or visual communication devices shall be in compliance with § 154.020.

      (6)   Compliance with state requirements. The structure and operation of daycare facilities shall be in compliance with State of Minnesota Department of Human Services regulations and shall be licensed accordingly.

      (7)   Inspection. The city hereby reserves the right upon issuing any day care facility conditional use permits to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

   (A)   Purpose. The purpose of this section is to provide for the regulation of fences in the city, to prevent fences from being built which would be a hazard to the public, to prevent unreasonable interference with the uses and enjoyment of neighboring property, and to provide compatibility with existing uses, other zoning restrictions and drainageways.

   (B)   Definitions. For the purpose of this subsection, the following definitions apply:

   FENCES. Any linear structure used to prevent access by persons or animals or to prevent visual or sound interference, including hedges.

   HEDGES. A row of bushes or shrubs.

   (C)   Permitted use of fences in yards. Fences may be permitted in all yards, subject to the following:

      (1)   All fences shall be located entirely upon the private property of the owner. It shall be the responsibility of the owner of the private property to ensure that the fence is constructed on private property.

      (2)   Where the property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the property line.

      (3)   No fence shall be permitted on any public property, right-of-way, or easement without the express authorization from the public agency having jurisdiction over the property or right-of-way.

      (4)   In residential districts, fences located in the side yard and rear yard shall not exceed six feet in height.

      (5)   In residential districts, fences located in the front yard beyond the building line shall not exceed 42 inches in height.

      (6)   In business districts, fences shall not exceed eight feet in height in the rear yard unless a conditional use permit is issued pursuant to § 154.178.

      (7)   In business districts, fences shall not exceed 42 inches in height in the front and side yards unless a conditional use permit is issued pursuant to § 154.178.

      (8)   In industrial districts, fences shall not exceed eight feet in height unless a conditional use permit is issued pursuant to § 154.178.

      (9)   In industrial districts, fences that abut rear yard(s) in residential districts shall not exceed six feet in height, and fences that abut front and side yard(s) in residential districts shall not exceed 42 inches in height.

      (10)   The height shall be measured from the ground level to the top of the fence. In the case where a fence has variable heights or where the ground slopes, the height of the fence shall be the average height, but in no case shall the height of any one point exceed six inches above the maximum allowed by this section. Fence posts may exceed eight inches above the maximum allowed by this section.

      (11)   The finished side or face shall face abutting property, and the structural support side shall face the fence owner’s property.

      (12)   Both sides of the fence shall be maintained in a condition of good repair and appearance by its owner and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private.

      (13)   No physical damage of any kind shall occur to abutting property during installation of fences unless it is allowed under agreement with the adjacent property owners.

      (14)   Any fence that is potentially dangerous to the public safety or health by reason of construction or sharp projections or protrusions shall be removed or repaired.

      (15)   No fence may be erected on either street side of a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic.

      (16)   No fence shall be erected where it will impede a drainageway or drainage easement.

      (17)   No fence shall be erected before all lots within a drainage system or platted block have had the final grade established and approved and all lots within the system or platted block have had turf established with grass seed or sod.

      (18)   (a)   In all districts, fences shall consist of materials comparable in grade and quality to the following:

            1.   Chain link;

            2.   Wood;

            3.   Wrought iron;

            4.   Vinyl;

            5.   Plastic;

            6.   Decorative masonry; or

            7.   Other acceptable similar material, constructed from commercially available materials.

         (b)   Fences shall not be constructed from chicken wire, welded wire, plastic deer fence netting or similar product, snow fence, branches, corrugated metal, sheet metal, or material originally intended for other purposes, unless upon showing of a high degree or architectural quality through the use of such, prior approval is granted by the Zoning Administrator.

   (D)   Along property lines.

      (1)   Fences that require continuing maintenance such as wooden privacy fences or hedges shall not be erected or planted within one foot of a property line.

      (2)   Fences in business or industrial districts may be erected on the lot line to the height of eight feet.

   (E)   Prohibited fences.

       (1)   Electrical fences.

      (2)   Barbed wire fences unless used by certain agricultural, industrial or public service users for health and safety purposes and a conditional use permit is issued pursuant to § 154.178.

   (F)   Existing. No existing fence in violation of this section will be allowed to be replaced or rebuilt. Should an existing fence be replaced or rebuilt, it must come under the regulations of this section.

   (G)   Required buffering and screening.

      (1)   Purpose. Buffering and screening serves to soften the outline of buildings, to screen glare and noise, and to create a visual and/or physical barrier between conflicting land uses. Buffering and screening are required between specific lots in different zoning districts and between land developments and along existing streets. The extent of buffering and screening required shall be determined by the type of use proposed and the adjacent uses and/or zoning surrounding the proposed development. The impact of the proposed use on adjoining properties is the basis for establishing buffering and screening standards.

      (2)   Multiple family uses.

         (a)   Where any townhouse, manor home, manufactured home park or apartment dwelling structure abuts property zoned for less dense residential use, the higher density residential use shall provide screening along all off-street parking or formal outdoor recreational activity areas to mitigate possible adverse impacts. Housing of similar types and densities shall not be subject to special screening requirements for formal outdoor recreational activity areas.

         (b)   Along boundaries where parking or formal outdoor recreational activity areas exist, all the fencing and screening specifically required by this chapter shall be subject to § 154.017 and shall consist of either fence or a green belt planting strip as provided below.

               1.    A green belt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual buffer. This planting strip shall be designed to provide complete visual screening to a minimum height of six feet. Alternatively, earth mounding or berms may be used to achieve all or a portion of the required buffer. The screening plan including type of planting and berming shall require the approval of the city.

               2.   A required screening fence shall be constructed of masonry, brick, wood, metal, or a hedge. Such fence shall provide a solid screening effect of six feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the city pursuant to this section. The City Council may also require planting of shrubs or trees in association with required fencing.

      (3)   Non-residential uses. Where any non-residential use abuts property zoned for residential use, the non-residential use shall provide screening along its boundary with the residential property. Screening shall also be provided where a non-residential use is across the street from a residential zone, but not on that side of a non-residential use considered to be the front as determined by the Zoning Administrator.

   (H)   Violations. Violations of this section may be enforced by injunction, and the city shall be entitled to the remedy of abatement in order that a fence erected in violation of this section may be removed.

(Ord. 1112.03, passed 8-25-03; Am. Ord. 1149.19, passed 10-7-19) Penalty, see § 10.99

   (A)   The purpose of this section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupation can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood.

   (B)   No conditional use permit for a home occupation shall be granted or renewed unless the Planning Commission makes a finding that all of the following criteria are met:

      (1)   Additional employees who live outside of the dwelling may be permitted. The number of employees shall be stated in the application. If additional employees are necessary for the home occupation, the property owner shall be required to request a new conditional use permit.

      (2)   Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

      (3)   No interior or exterior alterations shall be made to the principal structure for business purposes and the use shall occupy no more than two rooms.

      (4)   Said use shall not create odor, dust, noise, electrical disturbances, glare, vibrations, or other hazards or nuisances noticeable outside the dwelling.

      (5)   Uses shall not involve the use of commercial motor vehicles for delivery of materials to and from the premises more than once a week unless a conditional use permit is issued by the city.

      (6)   One non-illuminated nameplate, which is not more than one square foot in area that is attached to the building entrance shall be allowed for a home occupation, along with the signs allowed in a residential area pursuant to § 154.020.

      (7)   There shall be no exterior storage of materials or equipment or display of merchandise.

      (8)   Commodities may be sold as part of the home occupation but shall be only a minor and insubstantial part of the total home occupation.

      (9)   The home occupation shall meet all applicable fire and building codes.

      (10)   No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m., unless a conditional use permit is issued.

      (11)   Parking shall be controlled such that no on-street parking will occur and all off-street parking shall require no more than two additional parking spaces located on the current driveway or adjacent side yard and not in front of any part of the principal building, except the garage or an attached porch.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

   (A)   Purpose. The regulation of off-street parking spaces in these zoning regulations is intended to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking of motor vehicles in accordance with the intensity of utilization of the various parcels of land or structures.

   (B)   Scope of regulations. The off-street parking requirements of this section shall apply within all zoning districts for uses and structures, except as hereinafter provided. The off-street parking and loading requirements of this section may be modified by obtaining a conditional use permit pursuant to § 154.178.

   (C)   General provisions.

      (1)   Application. For the purpose of this chapter, the off-street parking of this section shall apply to all motor vehicles including, but not limited to, passenger automobiles, trucks, vans, and motorcycles, unless otherwise specified herein.

      (2)   Site plans. All site plans submitted for a structure requiring parking spaces and/or facilities shall show or designate the parking and/or loading area(s), number of parking spaces, and type of surfacing, screening, drainage, curbing, sidewalks, and other improvements that may be required to be installed. Said plan shall be a part of the building permit for any such structure, and except for one and two family dwellings, no final certificate of occupancy shall be issued until all items shown on the plan for parking or loading facilities have been completed, unless an agreement supported by a financial security is provided for the completion of said plan. For lots of record established after January 1, 2003, all site plans for single family homes must provide for location of at least one stall garage, whether or not construction is intended.

      (3)   Change in land use. When the site intensity or use of a building and/or property is increased with consequential effect upon the parking requirements as prescribed in this section, the parking requirements as prescribed herein shall be used to provide for such increase in the site intensity and/or use.

      (4)   Reduction of existing of street parking space or lot area. Off-street parking spaces and loading spaces or lot area devoted to parking or loading space existing upon the effective date of this chapter shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use.

      (5)   Handicap parking. Handicapped parking spaces shall be provided as applicable pursuant to M.S. § 168.021, as may be amended.

      (6)   Screening. Where any business or industrial use or parking lot containing more than six parking spaces is adjacent to developed property zoned for residential use, that business, industry, or parking lot shall provide screening along the boundary of the residential property. The screening required shall consist of a fence, wall, green planting, or other material of a type and design approved by the Zoning Administrator based upon advice from the Planning Commission. See also § 154.017.

   (D)   Off-site parking. When parking is provided on a site other than the lot or tract upon which a principal use is located, said parking area shall be in the ownership of and remain in the possession of the owner of the principal use for which it is designated. No authorization for separate parking facilities shall be given until such time as the City Council is reasonably certain that the ownership and use of the parking area will continue and that the site will be well maintained. Off-site parking facilities may only be allowed by a conditional use permit and shall be subject to the following:

      (1)   Ordinance compliance. Off-site parking shall be developed and maintained in compliance with all requirements and standards of this chapter.

      (2)   Access. Reasonable access from off-street parking facilities to the use being serviced shall be provided as determined by the Zoning Administrator.

      (3)   Proximity to multiple family dwelling. The furthest space of an off-site parking lot for multiple family dwellings shall not be located more than 300 feet (excluding public right-of-way) from any normally used entrance of the principal use serviced.

      (4)   Proximity for non-residential uses. The furthest space of an off-site lot for non-residential uses shall not be located more than 300 feet (excluding public rights-of-way) from the main entrance of the principal use being served.

   (E)   Off-street parking.

      (1)   Trucks with gross vehicle weight of 12,000 pounds or more, or greater than 30 feet in length, as well as contracting or excavating equipment, storage trailers, and mobile storage compartments shall not be parked, stored or otherwise located in any “R” district within the city unless being used in conjunction with a temporary service benefitting the premises.

      (2)   Junked or inoperable vehicles may not be parked, stored or otherwise located on any property within the city for a period greater than 96 hours unless placed completely within an enclosed building or garage.

      (3)   Required off-street parking spaces shall not be utilized for open storage goods or for the storage of vehicles, which are inoperable, or for sale or rent.

      (4)   Parking shall not be allowed in areas that are not designated for off-street parking.

      (5)   No motor vehicle repair work of any kind shall be permitted in conjunction with exposed off-street parking facilities, except for minor repairs of motor vehicles owned by the occupant or resident of the principal use for which the parking space is intended. No exterior storage of car parts is allowed at any time.

      (6)   It shall be the joint and several responsibilities of the operator and owner of the principal use, uses, and/or building to maintain, in a neat and adequate manner, the parking space, accessways, and landscaping.

      (7)   A parking space shall not be less than 300 square feet per motor vehicle of standing and maneuvering area. Parking spaces shall be a minimum of nine feet by 20 feet, with a 25 foot wide minimum driveway.

      (8)   Off-street parking requirements for the various uses shall be as follows:

 

   (F)   Off-street loading space, design and maintenance; dimensional requirements.

      (1)   Residential uses. Required off-street truck loading or unloading spaces for residential uses shall be at least 12 feet in width and 32 feet in length. Where a loading space parallel to a building is to be utilized, such area shall not be less than 12 feet in width nor less than 40 feet in length. In no instance shall any designated side loading space encroach upon a fire lane or driving aisle or parking spaces.

      (2)   Non-residential uses. Required off-street truck loading or unloading spaces for non- residential uses shall be at least 12 feet in width, 14 feet in height, and 60 feet in length. Where a loading space parallel to a building is to be utilized, such area shall not be less than 12 feet in width nor less than 65 feet in length. In no instance shall any designated side loading space encroach upon a fire lane or driving aisle or parking spaces.

      (3)   Reductions. Reductions to loading space size may be granted by the Zoning Administrator upon the demonstration of facility need.

(Ord. 1112.03, passed 8-25-03; Ord. 1160.24, passed 3-4-24) Penalty, see § 10.99

      (1)   The purpose of this section is intended to establish an effective means of communication in the city, to maintain and enhance the aesthetic environment and the city’s ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effects of signs on nearby public and private property, and to enable fair and consistent enforcement of these sign regulations. It is the intent of this section to protect and promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city’s goals;

      (2)   Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service;

      (3)   Ensure that signs do not create safety hazards;

      (4)   Ensure that signs are designed, constructed, installed, and maintained in a manner that does not adversely impact safety and unduly distract motorists;

      (5)   Preserve and protect property values;

      (6)   Ensure that signs are in proportion to the scale of, and are architecturally compatible with the principal structures;

      (7)   Limit temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sale events while restricting signs that create continuous visual clutter and hazards at public rights-of-way.

      (1)   Permanent and temporary signs have direct impact on, and a relationship to, the image of the community;

      (2)   The manner of installation, location and maintenance of signs affects the public health, safety, welfare, and aesthetics of the community;

      (3)   An opportunity for a viable identification of community businesses and institutions must be established;

      (4)   The safety of motorists, cyclists, pedestrians, and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers;

      (5)   Installation of signs suspended from, projecting over, or placed on top of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective fire fighting and emergency service;

      (6)   Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and thereby undermines economic value and growth;

      (7)   Uncontrolled and unlimited signs, particularly temporary signs, which are commonly located adjacent to public rights-of-way, or are, located at driveway/street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information.

         (a)   No ground sign for which a permit is required shall be erected to a height of more than 12 feet above the ground, unless the face is constructed of sheet metal or other non-combustible facing materials.

         (b)   The bottom of the facing of every ground sign shall be at least three feet above the ground, which space may be filled with landscaping, platform or decorative trim of light wood or metal construction.

         (c)   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 level greater than that of the frost line.

         (a)   Public announcement signs for city-wide and free community events by civic groups;

         (b)   Directional real estate signs for community-wide annual events;

         (c)   Street, warning, directional and other official non-commercial signs erected by a government agency;

         (d)   Private signs, other than public utility warning signs, are prohibited within the public right-of-way of any street or way or other public right-of-way.

         (a)   The light source shall not be directly visible and shall be arranged to reflect away from adjoining premises.

         (b)   The illuminated source shall not be placed so as to cause confusion or hazard to traffic, or to conflict with traffic control signs or lights.

         (c)   All applications for signs which are to be illuminated shall indicate the level of illumination, in foot candles.

         (d)   Illuminated signs may be permitted, but flashing signs, except ones giving time, date, temperature, weather or similar public service information, shall be prohibited. Signs giving off intermittent, rotating or direction lights are prohibited.

         (e)   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 structures shall be located closer than 25 feet to the roadway surface or closer than ten feet to a street right-of-way line or property line, not withstanding more restrictive portions of this section.

         (f)   The city may specify the hours any sign may be illuminated. The hours of illumination may be specified on the permit or any time during the life of the sign. Illuminated signs shall have a shielded light source.

         (a)   There will be no more than one portable sign per business.

         (b)   Portable signs shall not be larger than 30 inches by 30 inches of display space on each side with a total height of no more than four feet. The size of a portable sign shall not be included in the total square footage allowed on other permitted signs.

         (c)   A sign permit shall be required for all portable signs.

         (d)   All portable signs shall be located on the same parcel on which the business is located. The sign shall not be located in the road right-of-way or placed so as to interfere with pedestrian traffic.

         (e)   Portable signs and mobile signs on wheels shall be in place only during the hours the business is open.

         (f)   Inflatable signs are not permitted.

         (g)   Portable signs and mobile signs on wheels must be secured so as to not create a public safety hazard by acts of nature or movement by vandals.

         (a)   On-premises real estate signs advertising the sale, rental or lease of real estate subject to the following conditions:

            1.   One non-illuminated sign is permitted per street frontage;

            2.   Sign display area shall not exceed 16 square feet per sign on property containing less than ten acres in area, and 32 square feet per sign on property containing ten or more acres;

            3.   No such sign shall exceed ten feet in overall height, nor be located less than ten feet from any property line;

            4.   All temporary real estate signs shall be removed within seven days following sale, lease, or rental of the property.

         (b)   Off-premises real estate signs advertising the sale, rental or lease of business and industrial buildings:

            1.   One non-illuminated sign is permitted per building.

            2.   Such signs shall only be permitted in business and industrial districts, and on property located within the same subdivision or development as the building being advertised.

            3.   Such signs shall not be located closer than 100 feet from any other such sign located on the same side of the street.

            4.   Sign display area shall not exceed 32 square feet, and the height of such signs shall not exceed ten feet.

            5.   Such signs shall be setback at least ten feet from any property line.

            6.   Such signs shall be removed within seven days following lease or sale of the building floor space which it is advertising.

            7.   Provide written permission of property owner.

         (c)   Real estate development project signs may be erected for the purpose of selling or promoting a single family residential project of ten or more dwelling units provided:

            1.   Such signs shall not exceed 32 square feet in area and shall require a sign permit;

            2.   Only one such sign shall be erected on each road frontage with a maximum of three signs per project;

            3.   Such signs shall be removed when the project is 80% completed or within six months or when sold or leased, whichever comes first;

            4.   Such signs shall not be located closer than 100 feet to any existing residence.

         (a)   Signs for nonprofit organizations, city-sponsored events, fairs, and the like, are

permitted.

         (b)   The total square feet of all signs shall not exceed 60 square feet unless in a zoning district in which a religious organization is located providing additional square footage.

         (c)   Signs advertising businesses are permitted.

         (d)   The maximum size of temporary signs is 100 square feet of total advertising area.

         (e)   Temporary signs of rigid material shall not exceed 24 square feet in area, or six feet in height, nor shall any such sign be fastened to the ground.

         (f)   The setback required for temporary signs in agricultural and residential districts is ten feet from the property line or right-of-way; in business and industrial districts, two feet from the property line.

         (g)   No more than two temporary signs are allowed per parcel.

         (h)   A temporary sign permit is required.

         (i)   No temporary or permanent sign shall be tacked, or otherwise attached to trees, fences, utility poles, or other such structures or supports, unless expressly permitted by this section or other law.

         (j)   Temporary signs may remain in place for a period not exceeding 30 days.

         (a)   No sign may be erected that, by reason of position, shape, movement, color or any other characteristic, interferes with the proper functioning of a traffic sign or signal or otherwise constitutes a traffic hazard; nor shall signs be permitted which would otherwise interfere with traffic control.

         (b)   No sign will be permitted which by reason of advertising content, location, shape, or overall impression may be expected to be confused with, obscure or interfere with any official traffic sign or device or otherwise serve as a traffic hazard.

         (c)   Private traffic circulation signs and traffic warning signs in alleys, parking lots, or in other hazardous situations may be allowed on private property, provided that such signs do not exceed three square feet and are used exclusively for traffic control purposes.

      (1)   Except as otherwise provided in this article, no sign shall be erected, constructed, altered, rebuilt, reconstructed, structurally altered, enlarged, or relocated until a sign permit for the sign has been issued by the city.

      (2)   The following information for a sign permit shall be supplied by an applicant if requested by the city:

         (a)   Name, address, and telephone number of person making application;

         (b)   A site plan drawn to scale showing the location of the lot lines, building structures, parking areas, existing and proposed signs and any other physical feature;

         (c)   Plans, location, specifications, materials, method of construction and attachment to the buildings or placement method in the ground;

         (d)   Written consent of the owner or lessee of any site on which the sign is to be erected;

          (e)   Any electrical permit required and issued for the sign;

         (f)   Such other information as the city shall require to show full compliance with this chapter and all other laws and ordinances of the city. Information may include such items as color and material samples;

         (g)   Receipt of sign permit fee.

      (1)   Real estate signs as set forth herein.

      (2)   Flags, badges, or insignia of any government or government agency, or of any civic, religious, fraternal, or professional organization. Commercial and industrial establishments may display on a single flag or on a single awning or on a single canopy, the official corporate seal or insignia as identification of the individual establishment. Advertising or promotion of specific products or services is prohibited unless approved in conjunction with an administrative or conditional use permit as provided by this chapter.

      (3)   Temporary signs for non-commercial announcements for civic groups and for political campaigns. However, the sign must contain the name of the person responsible for such sign, and that person shall be responsible for its removal, and these signs are not permitted on the public right-of-way. Said signs shall also comply with the Fair Campaign Practices Act pursuant to M.S. § 211B.045. The city shall have the right to remove and destroy signs not conforming with this division.

      (4)   Warning signs that do not exceed five square feet in area.

      (5)   Street, warning, directional and other official non-commercial signs erected by a government agency.

      (6)   Railroad signs.

      (7)   Public notices defined as notices placed or authorized by the city which are located on private property with the permission of the landowner, or on public property or right-of-way.

      (8)   Address letters and numerals required by and in conformance with the city code. Included are related signs, not to exceed two square feet, displayed strictly for the convenience of the public such as identification signs for rest rooms, waste receptacles, door bells, mailboxes, reserved parking spaces, loading zones, or primary building entrances.

      (9)   Nameplate signs two square feet per building and does not include multitenant names.

      (10)   Rummage (garage) sale signs shall be removed within two days after the end of the sale and shall not exceed four square feet. Rummage sale signs shall not be located in any public-right-of way. The city shall have the right to remove and destroy signs not conforming to this division.

         (a)   Banner, business, nameplate, political, portable, real estate sales, religious organization, temporary, wall, and warning signs are allowed.

         (b)   Off-premises sponsorship signs are also allowed on city property. Individual signs shall be mounted on an outfield fence, backstop or scoreboard. Off-premises sponsorship signs mounted on an outfield fence shall be a dimension of three feet by six feet in size and shall face the playing field. Off-premises sponsorship signs mounted on a scoreboard shall be a maximum area of 32 square feet.

         (c)   The size of signs may be no more than a total of 16 square feet, with a four foot maximum for any dimension, except as otherwise restricted in this section. The total square feet of all signs shall not exceed 32 square feet.

         (d)   No sign shall be constructed as to have more than two surfaces.

         (e)   One of each of the permitted type signs, except temporary signs where two will be permitted and political signs where one for each candidate will be permitted per lot frontage and religious organizations where four signs will be permitted.

         (f)   The height of the top of the sign shall not exceed eight feet above the average grade.

         (g)   Any sign over two square feet shall be setback at least ten feet from any lot line or right-of-way.

         (a)   Nameplate, political, portable, real estate sales, religious organization, temporary, wall, and warning signs are allowed.

         (b)   Off-premises sponsorship signs are also allowed on city property. Individual signs shall be mounted on an outfield fence, backstop or scoreboard. Off-premises sponsorship signs mounted on an outfield fence shall be a dimension of three feet by six feet in size and shall face the playing field. Off-premises sponsorship signs mounted on a scoreboard shall be a maximum area of 32 square feet.

         (c)   The size of signs may be not more than a total of 16 square feet with a four foot maximum for any dimension except as otherwise restricted in this section. The total square feet of all signs shall not exceed 32 square feet per lot.

         (d)   No sign shall be so constructed as to have more than two surfaces.

         (e)   The number of each type of sign allowed per lot frontage is one of each of the permitted type signs, except temporary signs where two will be permitted and political signs where one for each candidate will be permitted and religious organizations where four will be permitted.

         (f)   The height of the top of the sign shall not exceed five feet above the average grade.

         (g)   All signs shall be setback at least ten feet from any lot line or right-of-way.

         (a)   The types of signs allowed are: banner, business, illuminated, nameplate, political, portable, real estate sales, religious organization, temporary, wall, and warning. All applications for a sign permit shall be reviewed by the Zoning Administrator.

         (b)   Off-premises sponsorship signs are also allowed on city property. Individual signs shall be mounted on an outfield fence, backstop or scoreboard. Off-premises sponsorship signs mounted on an outfield fence shall be a dimension of three feet by six feet in size and shall face the playing field. Off-premises sponsorship signs mounted on a scoreboard shall be a maximum area of 32 square feet.

         (c)   Total area of signs shall not exceed 60 square feet.

         (d)   The height of the top of the sign shall not exceed 15 feet above the average grade.

         (e)   In no case shall any part of a sign be closer than two feet to a vertical line drawn at the property line.

         (a)   The types of signs allowed are: banner, business, freestanding, ground, illuminated, nameplate, political, portable, real estate sales, religious organization, temporary, wall, and warning. All applications for a sign permit shall be reviewed by the Zoning Administrator.

         (b)   Off-premises sponsorship signs are also allowed on city property. Individual signs shall be mounted on an outfield fence, backstop or scoreboard. Off-premises sponsorship signs mounted on an outfield fence shall be a dimension of three feet by six feet in size and shall face the playing field. Off-premises sponsorship signs mounted on a scoreboard shall be a maximum area of 32 square feet.

         (c)   Total area of signs shall not exceed 80 square feet.

         (d)   The height of the top of the sign shall not exceed 15 feet above the average grade.

         (e)   In no case shall any part of a sign be closer than two feet to a vertical line drawn at the property line.

         (a)   The type of signs allowed are: Nameplate, political, portable, real estate sales, religious organization, temporary, wall, and warning signs.

         (b)   Additional signs as are typically associated with a "B-2" zoning district use may be permitted upon application and approval for a sign permit, which shall be reviewed by the Zoning Administrator.

         (a)   The type of signs allowed are: banner, business, freestanding, ground, illuminated, nameplate, political, portable, real estate sales, religious organization, temporary, wall, and warning.

         (b)   Off-premises sponsorship signs are also allowed on city property. Individual signs shall be mounted on an outfield fence, backstop or scoreboard. Off-premises sponsorship signs mounted on an outfield fence shall be a dimension of three feet by six feet in size and shall face the playing field. Off-premises sponsorship signs mounted on a scoreboard shall be a maximum area of 32 square feet.

         (c)   Total area of signs shall not exceed 100 square feet.

         (d)   No business sign shall face a residential zoning district.

         (e)   The height of the top of the sign shall not exceed 20 feet above the average grade.

         (f)   All signs shall be setback at least 100 feet from any residential or agricultural zoning district.

(Ord. 1112.03, passed 8-25-03; Am. Ord. 1121.06, passed 8-14-06; Am. Ord. 1133.10, passed 3-1-10; Ord. 1160.24, passed 3-4-24) Penalty, see § 10.99

   (A)   Purpose. The purpose of this section is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines, substations, and accessories therewith in such a manner that the health, safety, and welfare of the city will not be adversely affected. Essential services shall also be installed in recognition of existing and projected demands for such services.

   (B)   Special permit required. All communication lines, pipelines for distribution to individual properties within the city, and all underground electric transmission lines, overhead utility lines, radio receivers and transmitters, electric transmission lines, and substations less than 33 kilovolts, when installed in any location in the city, shall require a permit subject to the recommendation of the Planning Commission and approval of the City Council and shall be processed according to the following:

      (1)   Prior to the installation of any of the essential services defined above, the owner of such service shall file with the city all maps and other pertinent information as deemed necessary to review the proposed project.

      (2) The City Council shall document in writing, after receipt of the Planning Commission’s recommendation, the findings as to the compliance of the proposed project with the Comprehensive Plan and City Code provisions.

      (3)   In considering applications for the placement of essential services, as regulated in this section, the Planning Commission and City Council shall consider the effect of the proposed project upon the Comprehensive Plan. Additionally, radio transmitters and receivers accessory to an essential service may be located on existing utility poles or light standards within public right-of-way provided the radio transmitters and receivers comply with the following standards:

         (a)   Radio transmitters and receivers located on a utility pole/tower or light standard shall be at least 15 feet above grade.

         (b)   Radio transmitters and receiver devices shall not exceed 18 inches in length or width, or extend more than 18 inches from the pole. Antennas may not extend more than 24 inches from the equipment.

         (c)   The applicant shall submit a map prior to issuance of a permit showing the location of all proposed radio transmitters and receivers. The map shall be accompanied by a list of all sites referenced by the closest street address or property identification number. The list of sites must also describe the type of pole to be used.

         (d)   The applicant shall notify the city of any changes to the approved list prior to erecting or placing any additional equipment in the right-of-way.

         (e)   The applicant shall notify the city, at the time of permit application, of any obstructions that would cause traffic to be rerouted or stopped.

         (f)   In addition to receiving the necessary permits and approvals, the city may require the applicant to enter into an encroachment agreement.

      (4)   Upon approval of the City Council, a permit for the installation and operation of the applicant’s essential services shall be issued. If the City Council denies the permit, the applicant may appeal said decision under the rules and procedures set forth in § 154.181.

      (5)   The City Council may deny a permit or attach conditions to the permit approval to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The City Council may consider one or more of the following factors:

         (a)   The extent of which right-of-way space where the permit is sought is available;

         (b)   The competing demands for the particular space in the right-of-way;

         (c)   The availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit application;

         (d)   The applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right-of-way.

      (6)   The permittee shall notify the City Council upon completion of the work specified in the permit.

   (C)   Conditional use permit required. The following require a conditional use permit based upon procedures set forth in and regulated by § 154.178.

      (1)   All transmission pipelines (such as pipelines not required for the city local distribution network), and overhead and underground transmission and substation lines in excess of 33 kilovolts.

      (2)   All poles and towers used exclusively for the placement of radio receivers and transmitters.

(Ord. 1112.03, passed 8-25-03; Am. Ord. 1121.06, passed 8-14-06) Penalty, see § 10.99

   Under this code LAND RECLAMATION is the reclaiming of land by depositing of material so as to elevate the grade. Land reclamation shall be permitted in all districts only by conditional use permit. Any lot or parcel upon which 4,000 cubic yards or more of fill is to be deposited shall be land reclamation. The permit shall include as a condition thereof: a finished grade plan which will not adversely affect the adjacent land; as conditions thereof shall regulate, the type of fill permitted; a program for rodent control; a plan for fire control and general maintenance of the site; controls of vehicular ingress and egress; and control of material dispersed from wind or the hauling of materials to or from the site.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

   The extraction and incidental processing of sand, gravel, or other material from the site in the amount of 4,000 cubic yards or more and removal thereof from the site shall be MINING. In “I-2” and “I-3” districts the conduct of mining shall be permitted only upon issuance of a conditional use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, and the route of trucks moving to and from the site.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

   (A)   Purpose and intent. The purpose of this section is to establish predictable and balanced regulations for the establishment of commercial and non-commercial WECS in the locations and circumstances under which the use may be established without detriment to the public health, safety, and welfare of neighboring property owners or occupants.

   (B)   General standards. The following shall apply to all WECS:

      (1)   No more than one WECS shall be permitted per lot.

      (2)   The height of WECS shall be determined by calculating the height from the base of the tower at grade to the highest possible extension of the blades.

      (3)   The setback shall not exceed the following distances:

         (a)   From the nearest dwelling, school, business or other habitable structure: 300 feet or the height of the WECS, whichever is greater;

         (b)   From the nearest public right-of-way: 300 feet or the height of the WECS, whichever is greater;

         (c)   From the nearest property line: 300 feet or the height of the WECS, whichever is greater;

         (d)   From recreational fields: 300 feet or the height of the WECS, whichever is greater;

         (e)   No portion of the WECS, including the full arc area created by any blades used in the system, shall extend over any recreational field, including the full arc area created by any blades used in the system.

      (4)   Blade arcs created by the WECS shall have a minimum of 30 feet of clearance over any accessory structure or tree within the full arc area created by any blades used in the system.

      (5)   The WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS operation in high winds.

      (6)   The WECS, including the blades, shall be grounded and shielded to protect against natural lightning strikes in conformance with the National Electrical Code.

      (7)   The WECS shall not include a tower-climbing apparatus within 12 feet of the ground.

      (8)   The WECS shall display a sign posted at the base of the tower, not to exceed two square feet in area. The sign shall contain the following information:

         (a)   A warning of high voltage;

         (b)   The manufacturer’s name;

         (c)   An emergency telephone number;

         (d)   The emergency shutdown procedures.

      (9)   Additional signs may be required on the basis of individual applications as safety needs dictate.

      (10)   No WECS shall have affixed or attached lights, reflectors, flashers or any other illumination, except for those devices required by the Federal Aviation Administration.

      (11)   The WECS shall be filtered, shielded, or otherwise designed and constructed so as not to cause electrical, radio frequency, television, and other communication signal interference.

      (12)   The WECS shall be constructed in a monopole design of tubular steel and shall be self-supporting without the use of guy wires or other similar features. Towers under 200 feet in height shall be painted a non-contrasting color consistent with the surrounding area such as pale gray or white or have a galvanized finish to reduce visual impact. Towers over 200 feet shall follow the above requirements unless otherwise directed by the Federal Aviation Administration.

      (13)   All obsolete and unused towers and equipment shall be removed within 12 months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator.

   (C)   Temporary meteorological equipment. Temporary meteorological equipment located upon a temporary mobile tower used on an interim basis to gather wind and meteorological data to determine feasibility of the WECS shall require the processing of an administrative permit and shall comply with the following standards:

      (1)   The tower shall be placed on property for no longer than 18 months from the date of administrative permit issuance. Any abandoned or obsolete temporary mobile tower shall be removed within 30 days from the cessation of operation at the site.

      (2)   The tower shall be temporary by nature and shall not have permanent foundations. Guy wires may be used as long as the connections to the ground are temporary and the wires are designed to support the wind and ice load of the tower.

      (3)   The tower shall meet the minimum wind and ice load design required by the Uniform Building Code.

      (4)   The tower and guy wires shall be protected against unauthorized climbing.

   (D)   Additional submittal requirements. In addition to the information required elsewhere in this code, development applications for WECS and temporary towers for meteorological equipment shall include the following supplemental information:

      (1)   A letter or copy of the review response from the Federal Aviation Administration concerning the development application and their requirements for warning device, height restrictions, and the like.

      (2)   A certified survey for the property verifying the location, dimensions, types and uses of existing structures, proposed accessory structures, above-ground utility lines, property lines, height of all significant trees, drainage and utility easements, public rights-of-way and the proposed location for the WECS.

      (3)   The technical specifications of the WECS including, but not limited to, the type, height, blade length, operating parameters, the anticipated sound level at the property line, and lightning protection.

      (4)   Clearance distances between the farthest extension of the WECS blades to the property lines.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

    (A)   Residential uses.

      (1)   No accessory building or structure in “R” districts shall be constructed nor any use conducted on any lot prior to the time of construction of the principal building to which it is accessory except as provided herein.

      (2)   No accessory building, structure, or use shall be allowed within a front yard in an “R” district, except that an accessory use, building, or structure may be allowed within a front yard which qualifies as an equivalent rear or side yard as defined by this chapter, provided it meets the minimum front yard setback specified for the principal building on the lot.

      (3)   Within an “R” district, an attached garage not exceeding 1,000 square feet shall be considered an integral part of the principal building and such garages are exempt from the provisions of this section. Attached private garages in excess of 1,000 square feet are not permitted, except by conditional use permit.

      (4)   Within an “R” district, a conditional use permit is required for construction of more than one detached accessory building in excess of 120 square feet in gross floor area.

      (5)   In addition to the other accessory buildings, one building not to exceed 120 square feet in gross floor area shall be permitted.

      (6)   No building permit shall be required for buildings containing 200 square feet in gross floor area or less, however, such buildings shall comply with all applicable regulations set forth in this chapter.

      (7)   An accessory building shall be considered for purposes of applying this chapter to be an integral part of the principal building unless it is six feet or more from the principal building.

      (8)   No detached accessory building shall be less than 60 feet from the public right-of-way bordering the designated front yard(s) unless it conforms to the side yard requirements of the principal building. Those accessory buildings located 60 feet or more to the rear of a right-of-way line shall have a side yard of three feet or more and a rear yard of three feet or more.

   (B)   Garages with alley access. Private garages having direct access onto an alley shall be setback 20 feet from the alley lot line. In cases where reasonable difficulty is encountered in meeting this requirement, the Zoning Administrator may approve deviations to the setback standard.

   (C)   Size.

      (1)   In “R” districts, no accessory building, including a detached private garage for a single family dwelling, shall equal more than 30 percent of the area of the rear yard or 1,000 square feet in gross floor area, whichever is less, except that in “R” districts, an accessory building may exceed 1,000 square feet in gross floor area upon issuance of a conditional use permit. Furthermore, the gross floor area of an accessory building shall not exceed the gross floor area of the principal building, except by conditional use permit.

      (2)   Except in cases of single family detached dwellings, accessory buildings for all other uses shall not exceed 30% of the gross floor area of the principal buildings. In those cases where the standards are exceeded, a conditional use permit shall be required.

      (3)   The maximum height of accessory buildings and structures shall be prescribed in the applicable district, provided that the height of an accessory building or structure shall not exceed the height of the principal structure, except as otherwise provided in this chapter.

   (D)   Conditional use permits. Application for a conditional use permit under this section shall be regulated by § 154.178. Such a conditional use permit for an accessory structure may be granted provided that:

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

      (2)   In the case of residential uses, no commercial or home occupation activities are conducted on the property.

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

   (E)   Setbacks. Accessory buildings shall be setback from adjoining lots as prescribed in the applicable district and shall not be located within a drainage or utility easement.

   (F)   Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

   (G)   Building materials.

      (1)   All accessory buildings in excess of 120 square feet shall be constructed with a design consistent with the general character of the principal structure on the lot.

      (2)   Accessory buildings constructed primarily of canvas, plastic fabric, or other similar non- permanent building materials shall be prohibited.

   (H)   Trash receptacles. Except as otherwise provided, all buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following:

      (1)   Exterior wall treatment shall be similar and/or complement the principal building.

      (2)   The enclosed trash receptacle area shall be located in the rear or side yard and shall comply with the setback requirements of § 154.059.

      (3)   The trash enclosure shall be in an accessible location for servicing motor vehicles and shall not conflict with site circulation.

      (4)   The trash receptacles shall be fully screened from view of adjacent properties and the public right-of-way.

      (5)   The design and construction of the trash enclosure shall be subject to the approval of the Building Official.

      (6)   Recycling space shall be provided as required by the Minnesota State Building Code.

   (I)   Drive through businesses.

      (1)   The facility shall be located on a site having direct access to a minor arterial street, collector or service road.

      (2)   All portions of the business with drive through facilities established after January 1, 2003, including but not limited to, the building in which they are located, service windows and stacking spaces, shall be located across an arterial or collector street from residentially zoned or guided property, or shall be setback at least 300 feet from residentially zoned or guided property.

      (3)   The facility’s public audio system shall not be heard from any adjacent residentially zoned or guided property.

      (4)   Businesses with one drive through lane shall provide stacking space for at least six motor vehicles, as measured from and including the last pick up station, window, or the like. Stacking space shall not interfere with parking spaces or traffic circulation.

      (5)   The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections.

      (6)   Alcoholic beverages shall not be sold or served.

(Ord. 1112.03, passed 8-25-03; Am. Ord., passed --) Penalty, see § 10.99

   (A)   Purpose. The purpose of this section is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses, to prevent urban blight, deterioration and decay, and to enhance the health, safety and general welfare of the residents of the community.

   (B)   Dwelling unit restriction.

      (1)   No model home, garage, tent, accessory building, or recreational camping vehicle shall at any time be used as living quarters, temporary or permanent, except as may be approved in emergency cases by the Zoning Administrator as an administrative permit.

      (2)   Tents, play houses or similar structures may be used for play or recreational purposes.

      (3)   Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling.

      (4)   Energy conservation designs in housing, including earth sheltered residential dwellings, are not prohibited by this section, provided that a conditional use permit is approved by the City Council and the structure complies with standards imposed by the state and the Minnesota State Building Code.

   (C)   Platted and unplatted property.

      (1)   Any person desiring to improve property shall submit to the Building Official a survey of said premises and information on the location and dimension of existing and proposed buildings, location of easements within the property, encroachments, and any other information which may be necessary to evaluate conformance with city ordinances.

      (2)   All buildings shall be so placed so that they will not obstruct future streets, which may be constructed by the city and be in conformity with existing streets, adopted plans, and according to the system and standards employed by the city.

      (3)   No more than one principal building shall be on a single family residential lot. Except by conditional use permit, no more than one principal building shall be located on a multiple family residential lot or non-residential lot.

      (4)   When a development is proposed which is to be located on two or more lots, and such lots are required to meet the minimum district area and frontage requirement and/or required to accommodate the use, the lots shall be combined in accordance with Chapter 153, prior to issuing of a building permit.

      (5)   Except as may be allowed pursuant to Chapter 153, when two or more lots are located in the same zoning district, one or more of which lack adequate area or dimensions to qualify for use under current ordinance requirements and are contiguous and held in one ownership, they shall be combined for use in order to meet the lot requirements by subdividing the property in accordance with Chapter 153.

      (6)   Outlots are deemed unbuildable and no building permit shall be issued for such properties.

      (7)   Except as otherwise allowed by property subdivision, each lot shall have frontage and access directly onto an abutting, improved and city-accepted public street. An existing lot of record, vacant or for redevelopment, that does not have frontage and access directly onto an abutting, improved city accepted public street shall require approval of a conditional use permit prior to issuance of any building permits.

   (D)   Grading and drainage. No land shall be developed and no use shall be permitted in the city that results in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties which is inconsistent with the grading and erosion control plan of the city.

      (1)   No apartment or any other multiple-family or single-family dwelling shall be permitted on the ground floor or basement level of any building located in the B-1 District.

      (2)   Apartments may be permitted on the second story, or higher, of a building located in the B-1 District through a conditional use permit.

(Ord. 1112.03, passed 8-25-03; Am. Ord. 212, passed 5-15-23) Penalty, see § 10.99

   (A)   Any structure or use lawfully existing upon the effective date of this chapter may be continued; provided, however, that no such non-conforming use be enlarged or increased, nor shall any such non-conforming use be expanded to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, nor shall any such non-conforming use be moved to any other part of land upon which the same was conducted at the time of adoption of this chapter.

   (B)   Nothing in this code shall prevent the city from declaring a non-conforming use to be a nuisance if said use poses a danger and/or threat to the health, safety, and general welfare of the community.

      (1)   The termination/correction time schedule shall be based upon, but not limited to factors such as the initial investment and the degree of threat or danger being posed.

      (2)   The acceptability of the time schedule shall be determined by the City Council with right of appeal.

      (3)   In no case shall a time schedule exceed two years.

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

   (D)   A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non- conformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non-conformity.

   (E)   Whenever a building or structure in which a non-conforming use is located shall have been damaged by fire, flood, explosion, earthquake, war, or riot, it may be reconstructed and used as before if it be reconstructed within 12 months after such calamity, unless the damage to the building or structure is 50% or more of its fair market value, in which case the reconstruction shall be for a use in accordance with the provisions of this code.

   (F)   Whenever a lawful non-conforming use of any building, structure, or land is discontinued for a period of six months, any future use of said building, structure, or land shall be in conformity with the provisions of this code.

   (G)   Normal maintenance of a building or other structure containing or related to a lawful non- conforming use is permitted, including necessary non-structural repairs and incidental alterations, which do not extend or intensify the non-conforming use.

   (H)   A lawful non-conforming use may be changed only to a use of the same or more restrictive classification.

   (I)   Alterations may be made to a structure or building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

   In I-2 or I-3 districts, the operation standards of this section may be modified by obtaining a conditional use permit pursuant to § 154.178.

   (A)   Noise. Any use established shall be so operated that no noise resulting from the use is noticeable beyond the boundaries of the lot line of the site on which such use is located. This standard shall not apply to incidental traffic, parking, loading, construction, or maintenance operations.

   (B)   Smoke and particulate matters. Any use established, enlarged, or remodeled after the effective date of this code shall be so operated as to control the emission of smoke or particulate matter to such degree that it is not detrimental or dangerous to the public health, safety, comfort, or general welfare. For the purpose of determining when the degree of smoke is unsatisfactory, the Ringlemann Chart published and used by the United States Bureau of Mines shall be employed. The emission of smoke shall not be of a density greater than No. 2 in the Ringlemann Chart.

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

   (D)   Odors. Any use established, enlarged, or remodeled shall be so operated as to prevent the emission of odorous matter in such qualities as to be readily detectable at any point beyond the lot line of the site in which such use is located.

   (E)   Vibration. Any use creating periodic earthshaking vibrations, such as may be created from a drop forge, shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located.

   (F)   Glare or heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent the heat or light from being detectable at the lot line of the site on which the use is located.

   (G)   Explosives. Any use requiring the storage, utilization, or manufacturing of products which would decompose by detonation shall be located not less than 400 feet from the “R” district line.

   (H)   Waste material. Waste material shall not be washed into the public storm sewer system or the sanitary sewer system without a permit to do so first having been received from the city. If the permit is not granted, a method of disposal shall be devised which will not require continuous land acquisition for permanent operation and will not cause a detrimental effect to the adjacent land. Should the waste be of a solid form rather than a fluid, the storage area shall be so located behind fences as to be removed from public view.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

   The erection and/or placement of any structure in the public right-of-way or on city property by any person, or group other than the City of Benson, County of Swift, or State of Minnesota, or franchised utility shall require the processing of a conditional use permit in accordance with § 154.178. Exceptions to this provision include newsstands, essential services, radio receivers and transmitters as an accessory use to essential services, and personal wireless communication antennas located on existing lattice electrical transmission towers, provided that the use and equipment comply with the applicable requirements of this chapter.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

   (A)   It shall be the stated policy of the city to maintain a harmonious and high standard of development in all the designated districts and to protect the districts from deleterious effects through insuring that a building or structure relocated from a permanent foundation located within or outside of the city to another location within the city shall meet specified requirements. Such relocations of buildings or structures as stated above must conform to all regulations of the Minnesota State Building Code and shall be permitted in the zoning district where all necessary specifications as to lot sizes, setbacks, type of use, height regulations, and all other conditions as laid down in this code are met.

   (B)   In addition, such relocations shall require a conditional use permit from the City Council wherein the following provisions shall be met:

      (1)   Application in the form of a building permit shall be made on forms provided by the City Clerk.

      (2)   A fee as may be adopted from time to time as adopted by City Council resolution or ordinance plus any necessary public costs will be made to the Treasurer, and a receipt for the same shall be attached to the application and submitted to the Clerk with proof of the mover’s financial responsibility.

      (3)   The application shall be referred to the City Council, which shall set a time and place for a public hearing giving at least ten days’ public notice of such hearing.

      (4)   At least ten days before such hearing, the City Council shall mail a notice of said hearing to property owners within 300 feet of the premises on which the building is to be relocated. Failure of the City Council to mail the notice or failure of the titleholder to receive the notice shall not invalidate the proceedings.

      (5)   The Building Official shall make a report to the City Council before or at the public hearing. The City Council may refer the petition to the Planning Commission for its recommendation.

      (6)   The City Council shall make a finding and declare whether or not the structure to be moved is architecturally and otherwise compatible.

      (7)   An administrative permit shall also be required in accordance with the provisions of § 154.176.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

   (A)   Purpose. The purpose of this section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this chapter.

   (B)   Sketch plan. Prior to the formulation of a site plan, applicants may present a sketch plan to the Zoning Administrator prior to filing for a formal application. The plan shall be conceptual but shall be drawn to scale and may include the following:

      (1)   The proposed site with reference to existing development on adjacent properties at least to within 200 feet;

      (2)   General location of the proposed structures;

      (3)   Tentative street arrangement, both public and private;

      (4)   Amenities to be provided such as recreational areas, open spaces, walkways, and the like;

      (5)   General location of parking areas;

      (6)   Proposed public sanitary sewer, water and storm drainage;

      (7)   A statement showing the proposed density of the project with the method of calculating said density also shown.

   (C)   Evaluation criteria. The Planning Commission and City Council shall evaluate the effects of the proposed site plans. This review shall be based upon, but not limited to, compliance with the City Comprehensive Plan and provisions of this chapter.

   (D)   Information requirement. The information required for site plan applications generally consists of the following items, and such items shall be submitted when requested and as specified by the Zoning Administrator.

      (1)   Site plan.

         (a)   Name and address of developer/owner.

         (b)   Name and address of architect/designer.

         (c)   Date of plan preparation.

         (d)   Dates and description of all revisions.

         (e)   Name of project or development.

         (f)   Scale of plan (engineering scale only, at one inch equals 50 feet or less).

         (g)   North point indication.

         (h)   Lot dimension and area.

         (i)   Required and proposed setbacks.

         (j)   Location, setback and dimension of all buildings on the lot including both existing and proposed structures.

         (k)   Contours, streets, utilities, and structures located within 100 feet of the exterior boundaries of the property in question.

         (l)   Location, number, and dimensions of existing and proposed parking spaces.

         (m)   Location, number, and dimensions of proposed loading spaces.

         (n)   Curb cuts, driveways.

         (o)   Vehicle circulation.

         (p)   Sidewalks, walkways.

         (q)   Location and type of all proposed lighting.

         (r)   Location of recreational and service areas.

         (s)   Location of rooftop equipment and proposed screening.

         (t)   Provisions for storage and disposal of waste, garbage, and recyclables.

         (u)   Location, sizing, and type of water and sewer system mains and proposed service connections.

      (2)   Grading/storm water drainage plan.

         (a)   Existing contours at two foot intervals.

         (b)   Proposed grade elevations, two foot maximum intervals.

         (c)   Drainage plan including configuration of drainage area and calculations.

         (d)   Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

         (e)   Spot elevations.

         (f)   Proposed driveway grades.

         (g)   Surface water ponding and treatment areas.

         (h)   Erosion control measures.

      (3)   Landscape plan.

         (a)   Planting schedule containing:

            1.   Symbols;

            2.   Quantities;

            3.   Common names;

            4.   Botanical names;

            5.   Size of plant material;

            6.   Root specification (bare root, balled and burlapped, potted, and the like);

            7.   Special planting instructions.

         (b)   Tree preservation plan and reforestation plan.

         (c)   Notes indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

         (d)   Other existing or proposed conditions that could be expected to affect landscaping.

      (4)   Other plans and information.

         (a)   Legal description of property under consideration.

         (b)   Proof of ownership of the land for which a site plan approval has been requested.

         (c)   Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).

         (d)   Floor plan and room plan.

          (e)   Fire protection plan.

         (f)   Type, location and size (area and height) of all signs to be erected upon the property in question.

         (g)   Certification that all property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the application relates have been paid.

         (h)   Certified survey by a registered land surveyor.

         (i)   Any other information relevant to the site plan requested by the city.

    (E)   Lapse of approval.

      (1)   Unless otherwise specified by the City Council, the site plan approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section.

      (2)   An application to extend the approval of a site plan for up to an additional one year shall be submitted to the Zoning Administrator not less than 30 days before the expiration of said approval. Such application shall state the facts of the request, showing a good faith attempt to utilize the site plan approval, and it shall state the additional time being requested to begin the proposed construction. The request shall be heard and decided by the Planning Commission prior to the lapse of approval of the original request.

      (3)   In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the City Council shall consider such factors as type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

   (F)   Site improvement performance agreement and financial guarantee. Following the approval of the site plan required by this chapter and before issuance of a building permit, the applicant, as may be applicable, shall guarantee to the city the completion of all private exterior amenities as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as provided below:

      (1)   The applicant shall execute the site improvement performance agreement in forms provided by the city. The agreement shall be approved as to form and content by the City Attorney and shall define the required work and reflect the terms of this section as to the required guarantee for the performance of the work by the applicant.

      (2)   The required work includes, but is not limited to, private exterior amenities such as landscaping, private driveways, parking areas, recreational field structures or buildings, drainage systems, water quality ponds, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan and reforestation plan, if applicable.

      (3)   A financial guarantee shall be submitted with the executed site performance agreement as provided herein:

         (a)   Financial guarantees acceptable to the city include cash escrow; an irrevocable letter of credit; or other financial instruments which provide equivalent assurance to the city and which are approved by the Zoning Administrator.

         (b)   The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the responsibility of the applicant to ensure that a submitted financial guarantee shall continue in full force and effect until the Zoning Administrator shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this section.

         (c)   The amount of the financial guarantee shall be established by the Zoning Administrator based upon an itemized estimate of the cost of all required work. A cash deposit or irrevocable letter of credit shall be in the amount of 100% of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the Zoning Administrator.

         (d)   The applicant shall submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work.

      (4)   The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture to the city to cure the defect or reimburse the city the cost of enforcement measures. As various portions of such required work are completed by the applicant and approved by the city, the Zoning Administrator may release such portion of the financial guarantee as is attributable to such completed work. Landscaping improvements shall not be deemed complete until the city has verified survivability of all required plantings through one winter season, which is defined for the purpose of this section as the period October 31 through April 30.

      (5)   The applicant shall notify the city in writing when all or a portion of the required improvements have been completed with the approved plan and may be inspected. Upon receipt of such notice, the Zoning Administrator shall be responsible for the inspection and the improvements to determine the useful life of all work performed meets the average standards for the particular industry, profession, or material use in the performance of the work. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of landscape improvements, a notice of the date of actual completion shall be given to the applicant and appropriate action, to release and reduce the amount of the financial guarantee shall be taken by the Zoning Administrator.

   (G)   Minnesota State Building Code. In addition to the site plan review process established under this section, review and approval of site improvements pursuant to the requirements of the city adopted building and fire codes shall also be required. The site plan approval process does not imply compliance with the requirements of these building and fire codes.

   (H)   Plan agreements. All site and construction plans officially submitted to the city shall be treated as a formal agreement between the building contractor and the city. Once approved, no changes, modifications or altercations shall be made to any plan detail, standard, or specification without prior submission of a plan modification request to the Zoning Administrator for review and approval.

   (I)   Enforcement. The Zoning Administrator shall have authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this section has been officially documented by the Building Official. See also Chapter 153 and § 154.040.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

   (A)   Purpose. The purpose of this section is to establish regulations and procedures for the construction and maintenance of swimming pools within the city with the goal of protecting the health, safety, and welfare of the citizens of the city.

   (B)   Definitions.

   (C)   Construction and maintenance.

      (1)   No swimming pool may be constructed beneath overhead utility lines of any type or above underground utility lines of any type.

      (2)   No swimming pool may be built within ten feet of any side or rear lot line.

      (3)   Construction of a swimming pool may not be started without having the same fully enclosed with a fence, which may be temporary and portable, not less than four feet in height.

      (4)   No swimming pool may be constructed within 20 feet of any on-site sewer system facility.

      (5)   No swimming pool may be finished without completely enclosing it with a permanent wall or fence of the non-climbing type so as to be impenetrable by toddlers, affording not external hand holds or foot holds, and a minimum of four feet in height. All such enclosures shall be equipped with a self-locking and self-closing gate. The locking device shall be located within 12 inches of the top of the fence. The opening between the bottom of the fence or gate and the ground or other surface shall be no more than three inches.

      (6)   No swimming pool may be constructed or altered within the city without a building permit.

      (7)   No hot tub, portable or non-portable spa, or fixed in wading pool shall be constructed or maintained which is not enclosed with a fence or wall as described herein or a latchable cover. The cover shall be construed of a material which cannot be penetrated by toddlers.

      (8)   No outdoor swimming pool lighting may be maintained which is permitted to spill or shine upon properties adjacent thereto which are not under the same ownership.

      (9)   All swimming pools constructed or altered prior to the effective date of this section shall substantially comply with this section within 60 days from the effective date hereof. Owners of swimming pools constructed prior to the effective date of this section may make a written request for an exception. Also, owners of swimming pools may make a written request for an exception to the fencing and latchable cover requirements set forth herein if the owner of the swimming pool can provide a safe and reasonable alternative to these requirements.

(Ord. 1112.03, passed 8-25-03)

   Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.

(Ord. 1147.16, passed 10-18-16)