These performance standards are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible. These standards are also designed to preserve the quality of development and reduce negative impacts on surrounding properties. All future development in all districts shall be required to meet these standards. These standards shall also apply to existing developments where stated.

(Code 2004, pt. 3, § 33.01; Ord. No. 20-2447, 7-20-2020)

(a)

In all commercial, industrial, or multifamily zoning districts, any lighting used to illuminate off-street parking and driving areas, signs, or structures shall, except as permitted under subsection (e) of this section, consist of downcast style fixtures with a concealed or shielded light source to prevent glare or spill to adjacent right-of-way or properties.

(b)

Pole-mounted lighting in commercial, industrial, or multifamily residential zoning districts shall not have pole heights exceeding 20 feet. Pole heights exceeding 20 feet for larger commercial or industrial parking areas (exceeding 120 parking stalls or sites with developed area greater than 2.5 acres), or outdoor recreational facilities in all zoning districts may be considered with review and issuance of a conditional use permit.

(c)

No light or combination of lights, including illuminated signs, that cast light upon a public street shall exceed one footcandle meter reading as measured at the edge of roadway. No light or combination of lights that cast light upon a residentially-zoned property shall exceed 0.4 footcandle meter reading as measured at the residential property line. All measurements shall be made after dark at the property line or edge of roadway. The city may limit the hours of operation of outdoor lighting if it is deemed necessary by the city to reduce impacts on the surrounding neighborhood.

(d)

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. No flickering or flashing lights shall be allowed. Lighting shall not be placed on a site if the light source or its reflected image can be viewed directly from a location off the site.

(e)

Direct view ornamental fixtures shall only be approved when the developer can demonstrate that undesirable off-site impacts stemming from direct or reflected views of the light source are eliminated by reducing light intensity, fixture design, or location of the lighting fixture. City approval of direct view ornamental light fixtures shall be by city council action in the form of either a conditional use permit or subdivision approval.

(f)

The city shall require submission of a light distribution plan to ensure compliance with the intent of this ordinance for all new commercial, industrial, or multifamily residential developments, commercial, industrial, or multifamily residential redevelopment or additions which exceed 20 percent of the floor area of the principal structure, and any modifications to lighting, including conversion to LED lighting. This plan shall include the type, arrangement of proposed lighting, and proposed lighting levels in footcandles at all locations on the site, including its property boundaries and edge of all adjacent roadways.

(Code 2004, pt. 3, § 33.02; Ord. No. 98-1732, 7-9-1998; Ord. No. 20-2447, 7-20-2020)

No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare, dust, or other adverse influences shall be permitted that will in any way have an objectionable effect upon adjacent or nearby property.

(1)

Noise. Noises emanating from any use shall be in compliance with and regulated by the state pollution control standards, state regulation noise pollution control rules, and chapter 50, article IV, division 2.

(2)

Emission of smoke. No person owning, or in charge of, or operating any fuel burning, refuse burning, combustant, or process equipment, process device, portable boiler, stacks, vents or premises, shall cause, suffer, or allow emission or discharge of smoke from any single such source into the atmosphere, the appearance, density, or shade of which is darker than number 1½ of the Ringleman Chart.

(3)

Emission of particulate matter. No person shall cause or allow the emission of particulate matter from any process, including any material handling or storage activity, that is visible beyond the property line of the emission source.

(4)

Toxic and noxious matter. No use shall discharge across the boundaries of the lot where it is located, toxic, odorous or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause appreciable injury or damage to property or business.

(Code 2004, pt. 3, § 33.03; Ord. No. 97-1640, 3-6-1997; Ord. No. 20-2447, 7-20-2020)

(a)

Earth removal, land reclamation, material storage of filling, shall be permitted in all zoning districts, on any lot or parcel except that it is unlawful for any person to remove, store, excavate, or place as fill any rock, sand, dirt, gravel, clay, or other like material within the city, in excess of 100 cubic yards without first having applied for and having obtained a permit from the city. When 5,000 or more cubic yards of material is to be removed or deposited on any lot or parcel, an interim use permit shall be required.

(b)

The city council may incorporate and attach, to the interim use permit, any conditions or restrictions that it deems necessary for the preservation of health, welfare, and safety of the citizens.

(Code 2004, pt. 3, § 33.04; Ord. No. 90-1190, 4-19-1990; Ord. No. 20-2447, 7-20-2020)

(a)

Any lot of record existing upon the effective date of the ordinance from which this subpart is derived in a residential district, which does meet the minimum requirements of this part as to area or dimensions, may be utilized for residential dwelling purposes, provided the area and lot dimensions are within 75 percent of the requirements of this part, but said lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions thereof, so as to create a lot meeting the requirements of this part.

(b)

If in a group of contiguous existing lots under single ownership, any individual lot does not meet the minimum requirements of this part, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots or parcels under the same ownership so that the combination of lots will equal one or more parcels of land, meeting the minimum requirements of this part. No building permit will be issued for a lot that does not comply with this subsection.

(c)

Except in the case of residential flex districts, development flex districts or conditional use permits issued for multiple buildings, no more than one principal building shall be located on a lot.

(d)

On a corner lot, both street lines shall be front lines for applying the yard and parking requirements of this part, except where specific standards are outlined for corner side yards in single-family and two-family districts.

(e)

The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth, which may cause danger to traffic on a street or public road by obscuring the view. On corner lots, in any district, no structure or planting in excess of 30 inches above the curbline shall be permitted within the intersection sight distance triangle that are not 75 percent transparent.

(f)

All specified setbacks within the specific zoning districts shall be measured from a minimum distance of 60 feet from the centerline of rural section county roads and 50 feet from the centerline of urban section county roads. Structures lawfully existing prior to the enactment of this section are exempt from these provisions.

(Code 2004, pt. 3, § 33.05; Ord. No. 97-1672, 9-4-1997; Ord. No. 00-1840, 4-20-2000; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2502, 5-16-2022)

(a)

Application; plan approval and building permit required. All applications for commercial, industrial, or institutional development, apartments, attached townhomes, or detached townhomes must secure site plan approval in addition to required building permits whenever a new structure or addition to a structure is proposed. Site plan approval is also required for site improvements to commercial, industrial, institutional, and multifamily properties. Building permits shall not be issued prior to approval of site plan by the zoning administrator or designee. All applications shall be accompanied by the following materials:

(1)

Certificate of survey. The survey shall be drawn to an established scale indicated on the survey and indicate all existing structures and site improvements.

(2)

Site plan. The site plan shall include the location of all proposed buildings and their proposed uses; location of driveways and parking areas; front, side and rear setbacks; location, size, and purpose of all easements; location and size of existing buildings and structures on site and within the distance of 100 feet from the property; location of refuse areas; location of outdoor storage areas.

(3)

Tree preservation plan. Plan shall include all requirements of section 129-9.

(4)

Landscape plan. Plan shall include all requirements of section 129-7.

(5)

Grading and drainage plan. Grading and drainage plan shall contain existing and proposed grades with a minimum of two-foot contour intervals to a known datum. All proposed stormwater management facilities, roadway gradients, flood hazard zones, and spot elevations on parking lots and curblines must also be shown on the grading plan. The grading and drainage plan must also comply with the requirements of section 129-15(g).

(6)

Utilities plan. Utilities plan shall indicate the location of existing and proposed water and sanitary sewer lateral and service locations and size of pipe. Other utilities information required as requested by the city engineer.

(7)

Lighting and photometric plan. The lighting plan shall include detailed drawings for all proposed lighting fixtures and a photometric plan depicting the extent of lighting within and beyond the property lines.

(8)

Floor plans. Floor plans shall indicate the square footage and dimensions of all proposed rooms and areas identifying the proposed uses.

(9)

Elevations. Elevations shall include specification of colors and materials to be used. A material board, including samples of the proposed materials shall be submitted upon request of the zoning administrator.

All plans to be drawn to an established engineering scale and prepared by a registered architect, engineer, landscape architect, or surveyor.

(b)

Procedure. All building permits shall be issued by the building official following review and approval by the zoning administrator of the site plan for conformity with the city's present development code and comprehensive land use plan. The zoning administrator may submit the application to the administrative review committee for review.

(Code 2004, pt. 3, § 33.06; Ord. No. 20-2447, 7-20-2020)

(a)

All building construction in the R-3A, R-3B, R-3C, DF, B-1, B-2, B-3, B-4, B-5, I-1, I-1A, I-2, I-2A, PBD, RR, RD, MU, and POD zoning districts shall be accompanied by a complete landscape plan. The landscape plan should be developed in accordance with the site plan submitted for approval.

(b)

Detailed landscape plans shall include the following information:

(1)

General. Name and address of developer/owner, name and address of architect/designer, date of plan preparation, date and description of all revisions, name of project or development, scale of plan, north point indication.

(2)

Site analysis. Boundary lines of property line with dimensions based upon certified survey, name and alignment of proposed and existing adjacent on-site streets, location of all proposed utility easements and right-of-way, location of existing and proposed buildings, topographic contours at two-foot contour intervals, location of parking areas, water bodies proposed sidewalks, and percent of site not covered by structures.

(3)

Landscape data. A planting schedule table shall contain the following information, including symbols, quantities, common names, botanical names, size of plant materials, root specifications, and special planting instructions.

(4)

Fences, retaining walls, etc. Typical sections and details of fences, retaining walls, berms and other landscape improvements.

(5)

Landscape islands, planter beds. Typical sections of landscape islands and planter beds with identification of materials used.

(6)

Planting beds, foundation plantings. Details of planting beds and foundation plantings.

(7)

Sodded and seeded areas. Delineation of both sodded and seeded areas indicated in square footage.

(8)

Cross section requirement. Where landscape or artificial materials are used to provide required screening from adjacent and neighboring properties, a cross section shall be provided at a legible scale illustrating the prospective of the site from the neighboring property and property line elevation.

(c)

Number of plant materials required. In order to achieve an appropriate and complete quality landscaping of a site, the following minimum number of plant materials shall be provided as indicated below:

(1)

One overstory deciduous shade tree for every 2,000 square feet of building footprint or one tree for every 100 feet of site perimeter, whichever is greater.

(2)

One coniferous tree for every 2,000 square feet of building footprint or one coniferous tree for every 200 feet of site perimeter, whichever is greater.

(3)

One understory shrub for every 300 square feet of building footprint or one shrub for every 30 feet of site perimeter, whichever is greater.

(4)

One ornamental tree for every 2,000 square feet of building footprint or one ornamental tree for every 200 feet of site perimeter, whichever is greater.

(5)

The number of plant materials required in subsection (d) of this section may be reduced by 15 percent in each category in the light industrial (I-1 and I-1A) and heavy industrial (I-2 and I-2A) zoning districts.

(6)

One overstory deciduous shade tree, one coniferous tree, and one ornamental tree is required for each townhome unit.

(7)

A variety of species shall be provided. Spacing and species of trees and shrubs are subject to approval of the zoning administrator.

(d)

Minimum size of plantings shall be as follows:

(1)

Overstory deciduous: 2½-inch caliper.

(2)

Coniferous: six feet in height.

(3)

Shrubs: 24-inch (pot).

(4)

Ornamental trees: two-inch caliper.

(5)

In the event the site plan layout does not have adequate open space for the plant materials required in subsection (c) of this section, materials may be oversized to reduce the number of trees required. Overstory deciduous trees measuring three-inch caliper or more, and coniferous trees reaching a height of eight feet or more shall be counted as two trees, subject to zoning administrator approval.

(e)

Trees planted in accordance with a required landscape plan shall not be removed without the approval of the zoning administrator.

(f)

Sodding and ground cover. All open areas of any site not occupied by building, parking, or storage, shall be sodded over four inches of topsoil. Exceptions to this are as follows:

(1)

Seeding over four inches of topsoil of future expansion areas as shown on approved plans.

(2)

Undisturbed areas containing existing natural vegetation which can be maintained free of foreign and noxious materials.

(3)

Areas designated as open space for future expansion area properly planted and maintained with grass.

(g)

Slopes and berms.

(1)

Final slope grade steeper than the ratio of 3:1 will not be permitted without special approval or treatment, such as terracing or retaining walls.

(2)

Berming used to provide required screening of parking lots and other open areas shall not have a slope to exceed 3:1.

(h)

Tree preservation and credit policy. It is the policy of the city with respect to specific site development to retain, as far as practical, existing trees which should be incorporated into the site. Credit for retention of existing trees which are of the acceptable minimum size, species, and location, may be given to satisfy the minimum number of requirements. Replacement trees required by a tree preservation plan will be credited to the landscape requirements.

(i)

Use of landscaping for screening. Where natural materials, such as trees are approved in lieu of the required screening by means of walls or fences, density and species of planting shall be such to achieve opaqueness year round.

(j)

Maintenance policy. It is the responsibility of the property owner to ensure that the landscaping is maintained in an attractive condition. The owner shall replace any damaged or dead trees, shrubs, ground covers, and sodding.

(k)

Erosion control. All open disturbed areas of any site shall be seeded as an erosion control measure in accordance with the provisions of section 129-15.

(l)

Landscaping may be permitted in utility and drainage easements or road right-of-way with the approval of the zoning administrator.

(m)

For the purpose of aesthetically enhancing a site the zoning administrator may approve exchanging up to 50 percent between categories of plant materials and sizes as set forth in subsections (d) and (e) of this section or a landscape plan signed by a registered landscape architect which meets the intent of section 129-8 but varies quantities and sizes of plant materials.

(Code 2004, pt. 3, § 33.07; Ord. No. 86-956, 7-10-1986; Ord. No. 86-972, 8-21-1986; Ord. No. 89-1177, 12-21-1989; Ord. No. 93-1337, 6-3-1993; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2535, § 33.07, 12-18-2023; Ord. No. 24-2568, § 33.07, 11-18-2024)

(a)

Purpose. The purpose of this section is to promote a pleasant physical environment and to protect the public and private property within the city by regulating the location, height, type of construction, and maintenance of all fences.

(b)

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

Boundary fence means any fence parallel to the property line.

Farm fence means a fence located on a property zoned FR or AG and constructed to contain domestic farm animals.

Fence means any partition, structure, wall, or gate erected as a divider marker, barrier or enclosure and located along the boundary, or within the required yard. The term "fence" shall not include naturally growing shrubs, trees or other foliage.

Privacy fence means any fence used for screening of outdoor living areas and for enclosures where restricted visibility or protection is desired.

(c)

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

(d)

Location of fences.

(1)

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

(2)

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

(e)

Construction and maintenance.

(1)

Every fence shall be constructed in a skilled manner and of substantial material reasonably suited to the purpose for which the fence is to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition which would constitute a public nuisance or a dangerous condition. If such a fence is allowed to become and remain in such condition, the building official is authorized to notify the owners of such fences of the condition and allow owner or owners ten days in which to repair or demolish the fence.

(2)

Electric fences are prohibited except for farm fences as described in subsection (j) of this section.

(3)

No barbed wire or barbed wire fences shall be allowed on private property in residential zones, except for farm fences as described in subsection (j) of this section. No barbed wire or barbed wire fences shall be allowed on private property in business or industrial zones where the property lines of such property abut lots or parcels adjacent to residential districts.

(4)

All fences shall be constructed in conformity with the wind, stress, foundation, structural and other requirements of the state building code.

(f)

Setback and height limitations for residential districts. In all single- and two-family residential districts, fences, except as allowed for special purpose fences, shall have the following setbacks and height limitations:

(1)

Front yard setback: maximum height of four feet above ground level in front of the front face of the residential structure.

(2)

Corner side yard setback.

a.

Maximum height of four feet above ground level when placed at the property line.

b.

Maximum height of six feet above ground level when placed with a minimum setback of one foot.

(3)

Side yard along interior lot lines: maximum height of six feet above ground level.

(4)

Rear yard setback.

a.

Maximum height of six feet above ground level for fences along rear yards not adjacent or fronting on public right-of-way.

b.

Fences adjacent or fronting on public right-of-way shall have a maximum height of four feet above ground level when placed at the property line.

c.

Fences adjacent or fronting on public right-of-way that are placed with a minimum setback of one foot shall have a maximum height of six feet above ground level.

(5)

On corner lots, no fence greater than 30 inches in height shall be permitted within the intersection sight distance triangle that is not 75 percent transparent.

(g)

Commercial and industrial fences. In business and industrial zones, fences may not exceed seven feet in height above the ground level, and the use of barbed wire is prohibited, except that the top one foot of any fence along side or rear lot lines in these zones may be constructed of barbed wire. Barbed wire is also permitted for the top one foot of fences in industrial zones when fronting a public street and placed no closer than the parking setback. Barbed wire shall not be permitted adjacent to any residential district.

(h)

Special purpose fences.

(1)

Fences for special purpose and fences differing in construction, heights, or location, may be permitted in any multifamily residential, commercial or industrial district in the city, only by issuance of a conditional use permit approved by the city council after a recommendation by the planning commission, and upon evidence that such special purpose fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Conditional use permits are not required for fences surrounding recreational areas, such as tennis courts or baseball fields, on publicly owned properties.

(2)

Fences higher than six feet and up to ten feet in height may be permitted in any single- or two-family residential district in the city, only by issuance of a conditional use permit approved by the city council after a recommendation by the planning commission, and meets at least one of the following criteria.

a.

Said fence is built for screening and noise attenuation and is placed on private property adjacent to county, state or federally designated roadways in the rear or corner side yard.

b.

Due to unusual topography a taller fence is necessary to provide adequate screening from neighboring properties. The fence height shall be the minimum necessary to achieve six feet of screening. The additional fence height beyond six feet shall be no greater than the difference in grade between the subject lot and the neighboring lot.

(3)

The approval of special purpose fences may include stipulations as to the material, height, construction detail, or location of such special purpose fences.

(i)

Nonconforming fences. All existing fences, at the time of the adoption of this section, which are not in violation of this section and are not located within a public right-of-way or easement, but which violate other sections of this Code, may be continued to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violations be continued.

(j)

Farm fences.

(1)

Farm fences must be set back at least 50 feet from any property line abutting a residential zoned property, excluding properties zoned AG and FR.

(2)

No electric fence shall be located closer than 300 feet from any residentially zoned property and shall be clearly designated as an electrified fence by the installation of one by one foot square sign stating "This Fence is Electrified." Electric fences are limited to no more than 12 volts DC. Such electrification shall be installed so as to not have current going through said fence except on an intermittent basis. Current shall not remain on longer than three seconds.

(3)

Farm fences with a maximum height of four feet may use barbed wire, so long as they are set back at least 300 feet from residential properties, other than those zoned AG and FR.

(Code 2004, pt. 3, § 33.08; Ord. No. 90-1184, 2-1-1990; Ord. No. 95-1572, 9-21-1995; Ord. No. 97-1672, 9-4-1997; Ord. No. 98-1725, 6-25-1998; Ord. No. 08-2164, 8-7-2008; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022; Ord. No. 22-2502, 5-16-2022; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2535, § 33.08, 12-18-2023)

(a)

Standards of preservation during construction or grading.

(1)

Intent. Developments, structures, utilities, and all other site activities must be designed, installed, and constructed so that the maximum number of trees are preserved on all lots or parcels. Flexibility of city standards shall be considered, when possible, to ensure the preservation of the maximum number of trees.

(2)

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

(3)

Replacement.

a.

General. All significant trees removed or damaged through activities described in this section must be replaced on-site with approval of the zoning administrator, or in the form of payment of a fee to the city reforestation fund in an amount established by the city council. Additional replacement trees shall be required as determined by the zoning administrator when trees of any size are removed in violation of this part, or when trees have been impacted by failing to comply with the tree preservation plan. Trees required by the approved landscape plan will be credited to replacement tree requirements if all the requirements of this part have been fulfilled. This requirement may be waived by the zoning administrator upon determination that the maximum tree replacement requirement shall apply.

b.

Nonresidentially zoned property. In nonresidentially zoned districts, the total number of replacement trees shall not exceed eight trees per acre. The removal of trees on public right-of-way in commercial or industrial zoning districts; conducted by or on behalf of a governmental agency in pursuance of its lawful activities or functions, will be exempt from this replacement.

c.

On residentially zoned lots. On public right-of-way in residential zoning districts and on residentially zoned lots exceeding one acre in size, the total number of replacement trees shall not exceed eight trees per acre of upland. On residentially zoned lots less than one acre in size, a one to one replacement of all trees will be required for the first seven trees removed from the lot.

(4)

Tree preservation plan. The tree preservation plan must be prepared by a registered architect, landscape architect or forester. The plan must include a scaled drawing or survey, including the following information:

a.

A tree inventory indicating size, species, location and condition of all significant trees and clumps of non-significant trees within the limits of the proposed activity; also, location of existing and proposed structures, improvements, utilities and existing and proposed contours.

b.

Specific disease control, if applicable, and protection techniques that will be utilized to minimize disturbance to all trees remaining on site.

c.

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

1.

The reforestation plan shall utilize a variety of tree species with emphasis on native species when possible.

2.

Replacement trees shall be a minimum 2 ½ inches in diameter if deciduous, or six feet in height if coniferous.

d.

Financial guarantee. All installations of trees required by the tree preservation plan or as a penalty for failing to comply with the tree preservation ordinance or plan must be completed at the time of request for a certificate of occupancy if issued between May 15 and October 15, unless dates have been modified by the zoning administrator to accommodate unseasonable weather. A certificate of occupancy requested after October 15 and before May 15 may be issued with a cash deposit submitted by the builder in an amount required by the zoning administrator to guarantee installation of landscaping. Property owners/contractors/developers required to install replacement trees because of unauthorized removal or disturbance of existing trees on undeveloped parcels must submit a cash deposit in an amount required by the zoning administrator to guarantee installation of landscaping.

(5)

Approval. Tree preservation plans must receive approval of the zoning administrator.

(6)

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

(b)

Tree removal on lots without construction or grading permits.

(1)

Limitations; exception. The number of trees removed from privately owned land shall be limited to two significant trees per year, unless an approved forest management plan has been obtained. Trees removed because they are an obstruction to traffic or power lines, or trees removed because they pose a hazard to structures or sewer systems shall be excluded from these requirements.

(2)

Forest management plan. An approved forest management plan will be required if more than two significant trees per year are removed. At a minimum, the plan must include the following information:

a.

A scaled map designating all forested areas and existing and proposed uses of such areas.

b.

Location of all existing structures, roads, utilities, and driveways on the site.

c.

A written narrative describing specific activities and reasons for developing the plan, and how these actions and activities will affect the forest. Specific examples include, but are not limited to, better forest management (thinning or removal of dead or diseased trees), improved wildlife habitat, recreational use, outdoor education, and trails.

d.

Tree replacement may also be required as part of the forest management plan. Tree replacement, as outlined in subsection (a)(3) of this section, shall be required if trees are removed without obtaining an approved approval for a forest management plan.

e.

Forest management plans must be approved by the zoning administrator.

(Code 2004, pt. 3, § 33.09; Ord. No. 93-1337, 6-3-1993; Ord. No. 97-1653, 4-17-1997; Ord. No. 99-1771, 3-4-1999; Ord. No. 99-1785, 4-15-1999; Ord. No. 20-2447, 7-20-2020)

(a)

Intent. In order to provide peace, quiet, and domestic tranquility within all residential neighborhoods, within the city, and in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas.

(b)

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

Home occupation means any business, occupation, profession, or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use. Home occupations must be conducted by a resident of the property. General farming and gardening activities are not considered home occupations and are not regulated by this section.

(c)

Standards. All home occupations shall comply with the following standards, unless specifically permitted through a conditional use permit:

(1)

All activities associated with a home occupation shall be conducted between the hours of 7:00 a.m. and 10:00 p.m.

(2)

Home occupation may have one wall sign per dwelling which may not exceed 2.5 square feet.

(3)

There shall be no exterior storage of any materials related to the business including business equipment, merchandise, inventory or heavy equipment, including materials located on trailers. One fully enclosed utility trailer associated with the home occupation is permitted.

(4)

The area set aside for home occupations shall not exceed 20 percent of the total floor area of such residence.

(5)

In all residential districts other than farm residential and residential estate districts, the area set aside for home occupations if in an accessory structure is limited to 300 square feet while maintaining the minimum garage space required in the zoning district. In the farm residential and residential estate districts, the area set aside for home occupations if in an accessory structure is limited to 800 square feet while maintaining the minimum garage space required in the zoning district.

(6)

Permitted home occupations may include the employment of one person not residing on the premises in the performance of the occupation.

(7)

The use of mechanical equipment other than is usual for purely domestic or hobby purposes is prohibited.

(8)

Off-street parking requirements of section 129-13 must be provided.

(9)

Merchandise shall not be regularly or openly displayed or offered for sale within the residence.

(10)

The operation of any wholesale or retail business is not permitted, unless it is conducted entirely by mail or by occasional home invitation.

(11)

Any home occupation or activity which produces noise or obnoxious odors, vibrations, glare, fumes, fire hazard, or electric interference detectable to normal sensory perception beyond the property line is prohibited.

(12)

Vehicles above12,000 GVW shall not be stored, operated, or maintained in residential districts, excluding farm residential and residential estate districts. In farm residential and residential estate districts, one vehicle greater than 12,000 GVW is permitted.

(13)

A home occupation must normally involve fewer than four customers entering daily.

(14)

Home occupation is served by delivery trucks no larger than 25,000 GVW.

(d)

Prohibited uses. Prohibited uses in all zoning districts are as follows:

(1)

Auto repair/body shop.

(2)

Auto sales.

(e)

Conditional uses. Conditional uses in farm residential and residential estate districts for properties greater than or equal to three acres in size and prohibited in all other districts are as follows:

(1)

Blacksmithing, welding, or similar uses that may create noise, odors, or vibration.

(2)

Equipment rental of heavy equipment that includes, but is not limited to, skidloaders, excavators, trailers or lifts. Equipment shall not be observed from the right-of-way or neighboring properties.

(3)

Landscaping and lawn maintenance.

(4)

Small engine repair.

(f)

Conditional use permits. Conditional use permits shall be considered under section 101-4.

(g)

Garage sales or sales of household items. Garage sales or sales of household items are permitted without special permit, provided they meet the following standards:

(1)

Garage sales last no longer than three days and sales of individual household items last no longer than 15 days.

(2)

Sales are held no more than twice yearly.

(3)

Sales are conducted on the owner's property. Multiple-family sales are permitted if they are held on the property of one of the participants.

(4)

No goods purchased for resale may be offered for sale.

(5)

No consignment goods may be offered for sale.

(6)

All directional and advertising signs shall be freestanding and removed after completion of the sale.

(7)

All directional and advertising signs shall be placed on private property and shall have the owner's permission.

(8)

No directional or advertising sign may be larger than two feet by three feet.

(Code 2004, pt. 3, § 33.10; Ord. No. 87-1007, 2-19-1987; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 33.10, 12-18-2023; Ord. No. 25-2581, 7-21-2025)

For the purpose of this chapter, the following shall be considered as permitted encroachments within the yards indicated:

(1)

Decks 30 inches or greater in height or attached to the home; balconies; open terraces; marques; flues; sills; lintels; pilasters; cornices; gutters; open canopies; open porches not enclosed by walls, screens, windows, or doors; and awnings; are permitted to encroach by up to 25 percent of the required setbacks in the front, side, and rear yard.

(2)

Yard lights and name plate signs in residential districts, provided such lights and signs are three feet or more from all lot lines. Lights for illuminating parking and loading areas or yards for safety and security purposes may be provided where necessary, provided that the glare is not visible from public right-of-way or adjacent residential property.

(3)

Unenclosed gazebos, covered shelters, pools, and pool platforms located in the rear yard are permitted with a minimum ten-foot setback from the side and rear lot lines. Any portion of a pool platform greater than ten feet in distance from the pool shall be regulated as a deck under subsection (a) of this section rather than as a pool platform.

(4)

Recreation equipment, picnic tables, arbors, trellises, pergolas, outdoor living rooms, outdoor eating facilities, patios, pool deck surrounds and aprons, detached decks less than 30 inches in height and laundry drying equipment are permitted in the rear yard with a minimum five-foot setback from the side and rear lot lines.

(5)

Chimneys, flag poles, sidewalks, fences, landscaping, posts and similar amenities are permitted encroachments in any location.

(6)

Cantilevers may encroach, by up to two feet of the required setback, in the front, rear, and side yards.

(7)

Window wells are permitted encroachments with a minimum two-foot setback from the side and rear property lines.

(8)

Encroachments in any yard that abut a public or private street, shall be considered as permitted encroachments, as outlined above, except that no encroachment shall be permitted within present or proposed street right-of-way lines.

(9)

On corner lots, in any district, encroachments are not permitted in excess of 30 inches above the curbline in the intersection sight distance triangle that is not 75 percent transparent.

(Code 2004, pt. 3, § 33.11; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2498, 3-21-2022; Ord. No. 22-2502, 5-16-2022)

The traffic generated by any use shall be channeled and controlled in a manner that will avoid congestion on public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic.

(1)

Regulation. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of commercial and industrial areas shall, to the extent possible, be forward moving with no backing into streets. On corner lots, no structure or other materials shall be placed within the intersection sight distance triangle between the height of 2½ and ten feet above the centerline grade of the intersecting street that is not 75 percent transparent.

(2)

Access drives and access.

a.

A number and type of access drives onto arterial or collector streets may be controlled and limited in the interest of public safety and efficient traffic flow.

b.

Access drives onto county and state highways shall require a review by the county or state engineer who 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.

c.

Access drives to principal structures which traverse wooded, steep, or open fields shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles.

d.

All lots or parcels shall have an approved direct access for emergency service vehicles along the frontage of the lot or parcel from a publicly dedicated street.

(3)

Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of said vacated area shall not be affected by such proceedings.

(Code 2004, pt. 3, § 33.12; Ord. No. 89-1173, 12-21-1989; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2502, 5-16-2022)

Any off-street parking space in connection with existing buildings or structures, on the effective date of the ordinance from which this subpart is derived, shall not be removed, enlarged or altered, except in conformance with the requirements of this subpart. In connection with any building or structure which is to be erected or substantially altered and which require off-street parking spaces, off-street parking spaces shall be provided in accordance with the following regulations. No change in use is permitted until the required number of parking stalls are furnished. The following requirements are designed to provide adequate off-street parking space for passenger automobiles of patrons, occupants or employees:

(1)

Size.

a.

Stall and aisle dimensions shall be constructed to the following minimum specifications listed below. Parallel parking is subject to zoning administrator approval.

b.

Accessible parking spaces shall meet the dimensional requirements of the state accessibility code.

c.

All off-street parking areas shall be striped between stalls. Directional arrows shall be used on one-way traffic lanes.

d.

Traffic safety islands may be required to maintain a safe and orderly flow of traffic within the parking lot or driveways.

(2)

Access.

a.

Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to parking spaces.

b.

All off-street parking facilities shall be provided with appropriate means of vehicular access to a street, alley, or a driveway, in a manner which will least interfere with traffic movements.

c.

All parking areas shall have vehicular access to it by a street or driveway, containing all-weather, hard-surfaced pavement. No driveway access across public property, or at the curbline of a private street, shall have a width exceeding 24 feet for single-family residential lots with less than 70 feet of frontage, 30 feet for lots with 70 or more feet of frontage and multifamily developments, or 36 feet for commercial/industrial, exclusive of curb returns.

(3)

Yards.

a.

Off-street parking and driveways shall not be permitted within any front yard, corner side yard, side yard, or rear yard minimum setbacks established for parking and driveways.

b.

Parking spaces required for single or two family dwelling units shall be located on the same lot as the dwelling served.

(4)

Computation of parking spaces. When determination of the number of parking spaces required by ordinance results in a requirement of a fractional space, any fraction of one-half or less may be dropped, while a fraction in excess of one-half shall be counted as one parking space.

(5)

Collective parking provisions for nonresidential uses. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements of each use and if all regulations governing the location of accessory parking spaces in relation to the use served are observed, but no parking space, or portion thereof, shall serve as a required space for more than one use unless otherwise authorized in this subpart.

(6)

Repair and service.

a.

No motor vehicle repair work of any kind shall be permitted in parking lots.

b.

No merchandise shall be sold in conjunction with any parking facilities unless such facilities are located within a completely enclosed building.

(7)

Design, maintenance, and installation. All open off-street parking areas or areas traveled by vehicles shall be of four-inch Minnesota Department of Transportation (MnDOT) Class 5 base and a minimum two-inch bituminous surface.

(8)

Required parking spaces. Off-street parking spaces accessory to designated uses shall be provided as follows:

a.

Single-family dwellings: at least one parking space for each dwelling, plus one additional parking space for each two roomers or lodgers accommodated.

b.

Two-family dwellings: two for each dwelling unit.

c.

Apartments: one space per studio apartment, 1½ spaces per one-bedroom apartment, and two spaces per unit for all other units. Half of the required parking stalls must be underground.

d.

Townhouses: two garage spaces per unit, plus one space for each three units for guest parking. Guest parking may include on-street parking spaces on private roads.

e.

Automobile repair: four parking spaces, plus two parking spaces per service bay. The outside storage of cars as a permitted or conditional use in the applicable zoning district may occupy the required four parking spaces.

f.

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

g.

Boarding and roominghouses: at least two parking spaces, plus one parking space for each three persons for whom living accommodations are provided.

h.

Bowling alleys: at least five parking spaces for each alley, plus one space for every 400 square feet of area not used as a bowling alley.

i.

Brewery: at least one parking space for each 500 square feet of manufacturing floor area and one parking space for each 2,000 square feet of warehousing floor area.

j.

Business and professional offices or public administration buildings: at least one parking space for each 250 square feet of floor area.

k.

Child care facility, not including group family daycare: at least one parking space for each 300 square feet of floor area.

l.

Drive-through businesses.

1.

Pharmacies with one drive-through lane shall provide stacking space for at least five vehicles, and pharmacies with two or more drive-through lanes shall provide stacking space for at least three vehicles per lane, as measured from and including the last pick-up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation.

2.

Banks containing one drive-through lane shall provide stacking space for at least six vehicles, and banks containing two or more drive-through lanes shall provide stacking space for at least four vehicles per lane, as measured from and including the last pick-up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation.

3.

Coffee shops containing one drive-through lane shall provide stacking space for at least ten vehicles, and coffee shops containing two or more drive-through lanes shall provide stacking space for at least six vehicles per lane, as measured from and including the last pick-up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation.

4.

All other uses. Businesses with one drive-through lane shall provide stacking space for at least six vehicles, and businesses with two or more drive-through lanes shall provide stacking space for at least six vehicles per lane, as measured from and including the last pick-up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation.

5.

General requirements.

(i)

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 zoning district and such fence or screen shall be adequately maintained.

(ii)

If canopies cover the drive-through area, any support columns shall be constructed with the same design and materials as those used on the building.

(iii)

Sites with drive-through service shall be designed in a manner that allows drivers not using the drive-through, or wishing to exit the drive-through area, to bypass the drive-through lane.

m.

Establishments handling the sale and consumption of food and refreshment on the premises: at least one parking space for each 100 square feet of floor area, excluding bar area and kitchen area, one parking space for each 40 square feet of bar area and one parking space for each 200 square feet of kitchen area. If no dining area is provided, at least one parking space for each 275 square feet of public pick-up area.

n.

Event centers, auditoriums, private clubs, lodges, and other places of assembly (not places of worship): parking spaces equal in number to one-half the seating capacity plus employee parking.

o.

Fitness centers: one space for each 300 square feet of floor area.

p.

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

q.

Hospitals: at least two parking spaces per bed.

r.

Hotels: at least one space for each guest room.

s.

Libraries and museums: at least one parking space for each 500 square feet of floor area.

t.

Manufacturing, fabricating, and processing plants not engaged in retail trade: at least one parking space for each 500 square feet of floor area.

u.

Medical and dental clinics: at least one space for each 150 square feet of floor area.

v.

Motels: at least one parking space for each dwelling unit, plus one space per employee.

w.

Movie theaters: at least one parking space for each four seats in the theater.

x.

Places of worship: at least one parking space for each four seats in accordance with design capacity of the main auditorium.

y.

Recreational buildings or community centers: spaces in adequate number as determined by the zoning administrator.

z.

Schools, elementary, junior high, public or private: at least three parking spaces per classroom, plus necessary spaces for student drop off; may be reduced at zoning administrator discretion.

aa.

Schools, high school, public or private: one per four students based on the design capacity. This requirement may be reduced at the zoning administrator's discretion to reflect facility use and/or parking policy. Adequate space shall be allowed for the dropping off and/or picking up of students as determined by the zoning administrator.

bb.

Self-storage facility: minimum of five spaces.

cc.

1.

Senior housing: 1½ spaces per independent living apartment unit other than studio apartments. Studio apartments require one space per unit. Half of the parking spaces for independent living is underground.

2.

Parking for assisted living and memory care units: At least one parking stall space per two units.

dd.

Supermarkets, discount houses, mail order outlets, retail stores and other stores with high customer volume: at least one parking space for each 200 square feet of floor area, for the first 100,000 square feet, plus one per 350 square feet of floor area thereafter. The number of parking spaces provided shall not exceed the minimum requirement by more than ten percent. The zoning administrator may expand the parking requirements if the applicant demonstrates, in documented form, a demand which is different than required based on the specifics of the proposed use.

ee.

Taproom: at least one parking space for each 40 square feet of taproom/bar area.

ff.

Undertaking establishments and funeral homes: at least one space for every 28 square feet of area devoted to funeral services or display area, plus one parking space per employee.

gg.

Warehouse and storage establishments and freight terminals: at least one off-street parking space for each 2,000 square feet of floor area or one parking space for every two employees, whichever is greater.

hh.

Other uses: parking spaces on the same basis as required for the most similar use.

ii.

Reduced parking. When demonstrated to the satisfaction of the zoning administrator that the number of parking spaces required by this section would not be needed for the particular use in question, a reduced number of parking spaces may be approved subject to the following:

1.

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

2.

The applicant must provide each of the following:

(i)

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

(ii)

The parking area must meet the setback, dimension, and maneuverability standards of this ordinance and the stormwater management rules; and

(iii)

An agreement in recordable form, approved as to form and content by the city attorney, executed by the property owner, which agreement provides that the owner, on behalf of themself and their heirs, successors, and assigns, will not use the area identified for expansion parking for any use except landscaping or to cause compliance with the off-street parking requirements of this Code.

3.

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

(9)

Residential (R-1, R-1A, R-1AA, R-1B, R-2, DF) on-site parking requirements.

a.

Parking and storage shall be limited to operable vehicles registered and licensed to the occupants of the dwelling unit and their guests only.

b.

Parking or storage of vehicles shall be permitted in the front and corner side yard on paved driveways only. Total combined area of paved driveways shall not exceed 45 percent of the combined areas of the front yard and corner side yard, except that in no case shall the width of a paved driveway beyond the public right-of-way, exceed 36 feet for homes with garages 36 feet in width or less or 45 feet for homes with garages in excess of 36 feet in width, with the exception that a paved driveway may extend ten feet beyond the exterior side wall of the garage as long as required side yard setbacks are maintained for a length of not to exceed 20 feet from the front face of the garage.

c.

Provided area has an access drive, storage of vehicles shall be permitted in the side yard subject to required driveway setback.

d.

Parking in the rear yard is limited to:

1.

Passenger vehicles parked on paved driveways extending to a detached garage located in the rear yard which serves as the sole garage for the residence;

2.

Recreational vehicles, boats, truck toppers, and trailers parked in the rear yard on paved or unpaved surfaces subject to the driveway setbacks;

3.

Collector vehicles parked on paved or unpaved surface for a maximum of two years bearing collector vehicles license plates appearing operable, and screened from all four sides by a six-foot-high solid fence installed with the required fence permit from the city. The two-year timeframe will commence as soon as a collector vehicle has been observed and documented and will not be extended even if the vehicle is removed from the rear yard for consecutive days or if the vehicle is replaced with another collector vehicle.

e.

All existing parking and storage of vehicles not in compliance with the provisions of this subpart shall be brought into compliance within one year of the date of its adoption, except those lots which did not have a paved driveway at the time of adoption shall not be required to pave.

f.

For the purpose of this section, these standards shall apply to all detached single-family residential lots approved under the city's DF (Development Flex) and RF (Residential Flex) zoning districts.

(10)

Parking structures.

a.

Parking structures shall meet parking setbacks for the applicable district.

b.

Any signage placed on the parking structure may result in the reduction or forfeiture of signage permitted on the principal building.

c.

Parking structures must be constructed of at least two exterior materials. The material and color of the parking structure shall be compatible with the principal building.

d.

Parking structures shall have no more than three levels of parking above grade. The parking structure shall not exceed the height of the principal building.

(Code 2004, pt. 3, § 33.13; Ord. No. 85-898, 8-15-1985; Ord. No. 86-956, 7-10-1986; Ord. No. 88-1071, 2-18-1988; Ord. No. 89-1163, 10-19-1989; Ord. No. 91-1243, 1-17-1991; Ord. No. 01-1889, 1-18-2001; Ord. No. 03-1990, 8-21-2003; Ord. No. 05-2062, 10-20-2005; Ord. No. 06-2099, 6-1-2006; Ord. No. 07-2148, 9-6-2007; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2535, § 33.13, 12-18-2023; Ord. No. 24-2568, § 33.13, 11-18-2024)

In connection with any building or structure, which requires the receipt or distribution of materials or merchandise by trucks or other similar vehicles, there shall be off-street loading spaces provided. The following standards apply to all loading spaces and overhead doors, regardless of purpose, excluding residential garages:

(1)

Location.

a.

Overhead doors and loading spaces shall attempt to be placed primarily in the designated rear yard, and secondarily in the designated side yard. When more than one frontage exists, the zoning administrator shall determine the frontage with the least significant impact, at which an overhead door may be directed.

b.

An overhead door may be placed in the front yard and face a public right-of-way when approved by the zoning administrator. Screening/buffer may be required through berming, trees, or fencing as determined by the zoning administrator.

c.

The only time a loading space may be located in the front yard is when there exists more than one frontage on a public right-of-way and the loading space is located on the frontage determined by the zoning administrator to have the least significant impact. Additional landscaping and earth berming will be required as determined by the zoning administrator to reduce the visual impact of the loading space.

d.

When loading spaces are adjacent to a residential district, screening/buffer shall be provided through berming, trees, or fencing as determined by the zoning administrator.

e.

No above grade loading spaces shall be located facing a public right-of-way.

(2)

Access. Each required overhead door and loading space shall be designed with appropriate means of vehicular access to/from a street or drive aisle in a manner which will least interfere with traffic circulation. Overhead door access shall be subject to approval by the city engineer.

(3)

Architecture. Overhead doors and loading spaces should be designed to be compatible with the principal structure. Architectural techniques are encouraged to reduce the visual impacts an overhead door may have on adjacent properties or roadways.

(Code 2004, pt. 3, § 33.14; Ord. No. 89-1132, 4-20-1989; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022)

(a)

Waterways.

(1)

The natural drainage system shall be used as far as is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage, provided such diversion is in compliance with state law and all necessary easements have been obtained. Marshlands and swamps used for stormwater shall provide for natural or artificial water level control. Temporary storage areas or retention basins scattered throughout developed areas shall be encouraged to reduce peak flow, erosion damage, and construction cost. Pretreatment of runoff and dewatering operations must be provided before discharging to any surface water.

(2)

The widths of a constructed waterway shall be sufficiently large to adequately channel runoff from a ten-year storm. Adequacy shall be determined by the expected runoff when full development of the drainage area is reached.

(3)

No fences or structures shall be constructed across the waterway that will reduce or restrict the flow of water.

(4)

The banks of the waterway shall be protected with permanent vegetation.

(5)

The banks of the waterway should not exceed five feet horizontal to one foot vertical in gradient.

(6)

The gradient of the waterway bed should not exceed a grade that will result in a velocity that will cause erosion of the banks of the waterway.

(7)

The bed of the waterway should be protected with turf, sod, or rip-rap. If turf or sod will not function properly, rip-rap shall be used. Rip-rap, in conformity with engineering specifications, shall consist of MnDOT 3601 material Class A with filter blanket Type 1.

(8)

If the flow velocity in the waterway is such that erosion of the turf side wall will occur and said velocity cannot be decreased by velocity control structures, then rip-rap shall replace turf on the side walls.

(b)

Sediment control of waterways.

(1)

To prevent sedimentation of waterways, pervious and impervious sediment traps and other sediment, control structures shall be incorporated throughout the contributing watershed.

(2)

Temporary pervious sediment traps shall be constructed according to standard details per plan requirements. Such structures would serve as temporary sediment control features during the construction stage of development. Development of housing and other structures shall be restricted from the area on either side of the waterway required to channel a 100-year storm.

(3)

Permanent impervious sediment control structures consist of sediment basins (debris basins, desilting basins, or silt traps) and shall be utilized to remove sediment from runoff prior to its disposal in any permanent body of water or stream.

(Code 2004, pt. 3, § 33.16; Ord. No. 10-2203, 5-20-2010; Ord. No. 20-2447, 7-20-2020)

To maintain a high standard of residential development in the city and to protect residential areas from deleterious effects through ensuring that both new and relocated buildings from within the city limits or from other areas outside of the city, building relocation shall meet specified requirements.

(1)

Each relocation of a residence or residential accessory building shall require a conditional use permit from the city council and all such buildings shall conform with and be situated in a properly zoned area in accordance with all of the provisions of this part and the city building code. Commercial and industrial buildings shall not be moved.

(2)

Application for a permit to move a building shall be accompanied by written consent and approval of at least 50 percent of the property owners within the said 350 feet of said lot.

(3)

The application may be granted or rejected by the city council after a public hearing before the planning commission.

(Code 2004, pt. 3, § 33.18; Ord. No. 20-2447, 7-20-2020)

(a)

All driving areas and parking areas which are accessory to multiple-family, commercial, planned commercial, planned industrial business park, or high use institutional developments, shall be bounded by a B6-12 concrete curb and gutter. The term "high use institutional development" shall include hospitals, schools, public buildings, and similar uses.

(b)

All driving areas and parking areas which are accessory to industrial or low use institutional developments shall contain a B6-12 concrete curb and gutter on the portions of such areas which front on a public right-of-way extending back to the building wall. Concrete curb and gutter or curb only may be required on the perimeter of any other driving or parking areas where necessary for drainage or traffic control. The term "low use institutional developments" shall include churches, parks, private clubs, and similar uses.

(c)

The city may exempt curbing:

(1)

Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot to substitute for the curbing requirements; or

(2)

Where the city has approved future expansion of the parking lot.

(d)

Curbing shall be required around islands in pavement.

(e)

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

(f)

Construction shall be in accordance with curbing specifications on file in the office of the city engineer.

(Code 2004, pt. 3, § 33.19; Ord. No. 85-898, 8-15-1985; Ord. No. 87-1016, 4-1-1987; Ord. No. 20-2447, 7-20-2020)

(a)

The 100-foot side and rear yard setback for buildings in specified commercial, industrial and multifamily residential districts adjacent to residential uses may be reduced to as narrow as 25 feet with the installation of a seven-foot fence constructed of solid maintenance-free materials and installation of additional plant material as specified in the following table:

(b)

To determine the number of additional trees required, the length of the building at the reduced setback shall be divided by the minimum spacing of additional trees. Trees required under this section do not count towards the landscaping requirements under section 129-7. Existing trees may be utilized under this section, subject to zoning administrator approval.

(c)

All mechanical equipment shall meet a 50-foot setback or be roof-mounted and screened from view.

(Code 2004, pt. 3, § 33.20; Ord. No. 86-937, 4-3-1986; Ord. No. 20-2447, 7-20-2020; Ord. No. 24-2568, § 33.20, 11-18-2024)

Homes constructed southeast and northeast of the county airport that are bounded by 85th Avenue, 35W, 95th Avenue and the airport and bounded by 101st Avenue, Naples Street, 109th Avenue and Radisson Road, shall incorporate the following standards for construction:

(1)

Use of two-inch by six-inch studs or better for all exterior wall cavity construction to be shown on building plans.

(2)

All exterior building elements shall meet the following minimum sound transmission class (STC) values:

a.

Walls: 40 STC;

b.

Roof: 40 STC;

c.

Windows: 30 STC;

d.

Doors: 20 STC.

Manufacturer's STC rating for each window, door, and skylight shall be attached to the building plans. Upon approval of the building official, typical two-inch by six-inch walls and truss roofs constructed in accordance with the state building code and the state model energy code shall be considered as conforming with this requirement.

(3)

All homes shall incorporate the following acoustical design features which shall be shown on the building plans.

a.

A mechanical ventilation system shall be installed that will provide the minimum air circulation and fresh-air supply requirements as required in the state building code for the proposed occupancy without the need to open any exterior doors or windows.

b.

The perimeter of all exterior windows and door frames shall be sealed airtight to the exterior wall construction.

c.

Fireplaces shall be equipped with well-fitted chimney cap devices.

d.

All ventilation ducts, except range hoods, connecting interior space to outdoors shall be provided with a bend such that no direct line of sight exists from exterior to interior through the vent duct.

e.

Doors and windows shall be constructed so that they are close-fitting. Weather stripping seals shall be incorporated to eliminate all edge gaps.

f.

All penetrations through exterior walls by pipes, ducts, conduits and the like shall be caulked airtight to the exterior construction.

(Code 2004, pt. 3, § 33.21; Ord. No. 94-1543, 2-16-1995; Ord. No. 05-2053, 10-18-2005; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 33.21, 12-18-2023)

(a)

All chicken operations must be registered by the property owner with the city prior to placement. The city council will establish a fee for the one-time registration.

(b)

Registration process consists of a site and building plan with location and specifics of coop, pen or run, and coop setbacks.

(c)

Not more than six hens are allowed. No roosters are allowed.

(d)

Coop (and covered run) is limited to not more than 60 square feet.

(e)

Shelters or coops shall be in the rear yard only and located at least five feet from side or rear lot lines.

(f)

Shelters or coops shall be at least 30 feet from all homes on adjacent properties.

(g)

All runs must be fenced unless the entire rear yard is fenced. Chickens are not allowed to run free.

(h)

Chicken waste must be removed from the coop so as to not cause a nuisance and be properly disposed of. On-site composting is prohibited.

(i)

Slaughtering and processing of the chickens must be done off site.

(j)

Failure to comply with these standards will result in need for removal of birds and structure.

(k)

Structure must be removed and site restored if keeping of chickens is discontinued for more than 12 months.

(l)

If the home is within a managed community and has a home ownership association the association management must also sign off on the placement of the chickens.

(Code 2004, pt. 3, § 33.22; Ord. No. 15-2320, 8-6-2015; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022)

All rooftop facilities shall either be:

(1)

Screened from the eye level view of adjoining properties by use of exterior walls; or

(2)

Painted to match or complement the building structure; or

(3)

Incorporated into an architectural design, as approved by the zoning administrator.

(Code 2004, pt. 3, § 33.23; Ord. No. 20-2447, 7-20-2020)

Donation drop-off boxes are allowed in all commercial and industrial districts and at institutional uses in residential districts, subject to the following standards:

(1)

Boxes are to be located in rear or side yards.

(2)

Boxes must be screened from three sides by an enclosure constructed of materials consistent with the principal buildings.

(Code 2004, pt. 3, § 33.24; Ord. No. 20-2447, 7-20-2020)

(a)

Generally. Accessory dwelling units (ADUs) must comply with the following standards:

(1)

Either the home or the accessory dwelling unit shall be occupied by the owner of the property. Owner occupancy requirement shall be recorded to the property.

(2)

Utilities for the home and ADU shall not be separately metered and water and sewer shall be connected to the same lines as the home.

(3)

Home and accessory dwelling unit together must have at least three off-street parking spaces that can be directly accessed. Parking spaces may be garage spaces or paved, outside parking spaces. A parking space located on a driveway in front of a garage cannot meet the requirement.

(4)

ADUs may not include more than two bedrooms.

(5)

Occupancy of the ADU is limited to up to two adult individuals, whether related or unrelated, and the parents and children of each, if any, residing in the same dwelling unit and maintaining a common residence with no more than one person per 150 square feet.

(6)

No home occupations involving outside customers coming to the property shall occur in the accessory dwelling unit.

(7)

No more than one accessory dwelling unit permitted per property.

(8)

Accessory dwelling units must meet all architectural standards of the zoning district, including any standards established by conditional use permit in the Development Flex zoning district and be consistent in color and material to the home.

(9)

The home and accessory dwelling unit are considered separate dwellings for the purposes of rental licensing and a rental license is required when either the home or accessory dwelling unit is occupied by someone other than the owner of the property or a member of the owner's family.

(10)

The home and the accessory dwelling unit must remain on the same parcel. The parcel may not be divided through any means, including, but not limited to, filing of a plat, a waiver of platting, or a common interest community.

(11)

Accessory dwelling units must be located on a permanent foundation.

(b)

Standards for attached ADUs. Attached ADUs must comply with the following standards:

(1)

Allowed as a permitted use in the R-1, R-1A, R-1AA, R-1B, RE, FR, and DF districts when accessory to a single-family home with an administrative permit.

(2)

Must meet living space setbacks.

(3)

No more than one door may be located on the front façade of the home unless designed in a manner to minimize the visibility from the street of the second door, subject to zoning administrator approval.

(4)

Maximum size of 50 percent of the finished square footage of the primary residence or 960 square feet, whichever is less in the R-1, R-1A, R-1AA, R-1B, and DF districts. Maximum size of 50 percent of the finished square footage of the primary residence or 1200 square feet, whichever is less in the RE and FR districts.

(5)

Noise abatement standards of 129-19 apply to attached ADUs if located southeast or northeast of the county airport or within 500 feet of any arterial roadway.

(6)

The home and ADU are considered a two-family home for the purpose of application of the state residential code unless the home and the ADU are connected by a passageway at least 40 inches in width without a door.

(c)

Standards for detached ADUs. Detached ADUs must comply with the following standards:

(1)

Allowed as a conditional use in the R-1, R-1A, and R-1AA, and a permitted use with an administrative permit in the RE and FR districts.

(2)

Must be located in the rear yard.

(3)

Maximum size of 50 percent of the finished square footage of the primary residence, 25 percent of the square footage of the rear yard, or 960 square feet, whichever is less in all zoning districts except RE and FR. Maximum size of 50 percent of the finished square footage of the primary residence, 25 percent of the square footage of the rear yard, or 1,200 square feet, whichever is less in the RE and FR districts.

(4)

Detached accessory dwelling units are not permitted on properties with detached accessory buildings, unless the ADU is constructed as part of the same structure as the accessory building.

(5)

The footprint of accessory dwelling unit and any attached or detached accessory structures may not total more than 1,200 square feet in size in the R-1, R-1A, R-1AA zoning districts, 2,000 square feet in the RE district, and 3,000 square feet in the FR district. If an accessory dwelling unit is located above a garage, the footprint of the accessory dwelling unit and the garage is counted once, not one time for the garage and one time for the accessory dwelling unit.

(6)

The detached accessory dwelling unit shall be architecturally compatible with the principal structure.

(7)

Must meet a ten-foot setback from side and rear lot lines in the R-1, R-1A, and R-1AA districts, 20-foot setback from side lot lines and 30 feet from rear lot lines in RE and FR districts.

(8)

The detached accessory dwelling unit must be at least 15 feet from the principal structure.

(9)

The accessory dwelling unit shall not exceed the height of the principal building.

(Code 2004, pt. 3, § 33.25; Ord. No. 21-2489, 12-20-2021)

(a)

Findings of fact.

(1)

It is determined that:

a.

Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition;

b.

This stormwater runoff contributes to increased quantities of water-borne pollutants; and

c.

Stormwater runoff, soil erosion and non-point source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites.

(2)

Therefore, the city establishes this set of water quality and quantity policies applicable to all surface waters to provide reasonable guidance for the regulation of stormwater runoff for the purpose of protecting local water resources from degradation. It is determined that the regulation of stormwater runoff discharges from land development projects and other construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and non-point source pollution associated with stormwater runoff is in the public interest and will prevent threats to public health and safety. All new development and redevelopment shall conform to city engineering specifications for site work and the natural limitations as presented by the topography and soil to create the best potential for preventing soil erosion.

(b)

Purpose. The purpose of this section is to control and eliminate, to the greatest extent possible, stormwater pollution and soil erosion and sedimentation in order to protect and safeguard the general health, safety, and welfare of the public. It establishes standards and specifications for development and conservation practices and planning activities designed to:

(1)

Minimize increases in stormwater runoff from any new development or redevelopment in order to reduce flooding, siltation, streambank erosion and maintain the integrity of stream and ditch channels;

(2)

Minimize increases in non-point source pollution caused by stormwater runoff from new development or redevelopment which would otherwise degrade local water quality;

(3)

Minimize the total annual volume of surface water runoff which flows from any specific site during and following development to not exceed the pre-development hydrologic regime to the maximum extent practicable.

(4)

Reduce stormwater runoff rates and volumes, soil erosion and non-point source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety.

(c)

Scope.

(1)

In order to achieve compliance with the municipal separate storm sewer system (MS4) permit coverage extended to the city by the state pollution control agency (MPCA), and to be consistent with the local surface water management plan adopted by the city, all public and private development and redevelopment projects, alterations, or improvements shall meet the requirements of this part, the National Pollutant Discharge Elimination System (NPDES) construction stormwater permit (if applicable) and the rules of whichever water management organization has jurisdiction on the subject property. Except where a variance is granted or ordinance does not require, any person or entity proposing a land disturbance activity within the city shall apply to the city for project approval which shall include one or more of the following:

a.

Grading, erosion and sediment control plan;

b.

Stormwater pollution prevention plan (SWPPP); and

c.

Stormwater management plan.

(2)

No land shall be disturbed until the project is approved by the city, has received a watershed district permit, any other applicable permits, and conforms to the standards set forth herein. Chapter 34, article III; chapter 74, article IV; section 129-6 and other pertinent sections of this Code shall also be applied.

(d)

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

(e)

Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and to give this section its most reasonable application. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Bench means a relatively level step excavated into earth material on which fill is to be placed.

Best management practices (BMP) are erosion control, sediment control and water quality management practices that are most effective and practicable for means of controlling, preventing and reducing the degradation of surface water as published by state or designated area-wide planning agencies.

Borrow means soil or other earth materials acquired from an off-site location for use in grading or filling on a site.

Buffer means land that is used to protect adjacent lands and waters from development and more intensive land uses. The land is kept in a natural state of trees, shrubs, and low ground cover and understory of plants and functions to filter runoff, control sediment and nutrient movement, and protect fish and wildlife habitat. In areas of agricultural use, the land may be used for less intensive agricultural purposes, provided its function as a buffer remains intact.

Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Clearing and grubbing means the cutting and removal of trees, shrubs, bushes, windfalls and other vegetation, including removal of stumps, roots and other remains in the designated areas.

Common plan of development or sale means a contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, or on different schedules, but under one proposed plan. The term "common plan of development" is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur.

Detention facility means a temporary or permanent natural or manmade structure that provides for the temporary storage of stormwater runoff.

Discharge means the release, conveyance, channeling, runoff or drainage of stormwater, including snowmelt, from a construction or development site.

Disturbed ground means any clearing, grading, excavating or other activity that removes vegetation or exposes or loosens the soil making it susceptible to erosion by wind, water, vehicular traffic or human made activity.

Erosion means any process that wears away the surface of land by the action of wind, water, ice, gravity, nature or manmade activities.

Erosion control refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing.

Exposed soil areas are areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surfaces have been removed, thus rendering the soil more prone to erosion. The term "exposed soil areas" includes topsoil stockpile areas; borrow areas and disposal areas within the construction site. The term "exposed soil areas" does not include temporary stockpiles or surcharge areas of clean sand, gravel, concrete or bituminous, which have less stringent protection requirements. Once soil is exposed, it is considered exposed soil, until it meets the definition of final stabilization.

Fill means a deposit of soil or other earth materials placed by artificial means.

Filter strip means a vegetated section of land designed to treat runoff as overland sheet flow. It may be designed in any natural vegetated form from a grassy meadow to a small forest. The dense vegetated cover facilitates pollutant removal, reduces erosion and promotes infiltration.

Final stabilization requires that all soil disturbing activities at the site have been completed and all soils must be stabilized by a uniform perennial vegetative cover with a minimum density of 70 percent over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions.

Floodplain means the channel or beds proper and the areas adjoining a wetland, lake or watercourse that have been or hereafter may be covered by the regional flood.

High water level means the expected elevation of the water in a stormwater pond will rise to a 100-year rain event as calculated by the pond design.

Hydric soils means soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper soil horizon.

Hydrologic soil group (HSG) means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff.

Impaired waters means water bodies that do not meet water quality standards and designated uses because of pollutants, pollution, or unknown causes of impairment.

Impervious surface means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. Class 5 gravel surfaces are considered to be impervious surfaces.

Land disturbance activity means any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within this government's jurisdiction, including, but not limited to, construction, clearing and grubbing, grading, excavating, transporting and filling of land. The term "land disturbance activity" does not mean:

(1)

Minor land disturbance activities, including, but not limited to, underground utility repairs, home gardens, home landscaping, minor repairs and maintenance work which do not disturb more than 2,000 square feet of land or exceed 100 cubic yards of earthwork provided work does not obstruct or modify a watercourse or storm sewer system and is not located in a floodplain;

(2)

Installation and maintenance of fences, signs, posts, poles, electric, telephone, cable television, utility lines or individual service connections to these utilities; or

(3)

General farming practices; or

(4)

Emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have otherwise required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the city's requirements as soon as possible.

Native vegetation means the pre-settlement (already existing in the state at the time of statehood in 1858) group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction.

Normal water level refers to the permanent pool of water retained in a stormwater pond. By design, this is the water level below the invert elevation of the pond outlet with a depth not to exceed eight feet.

Ordinary high water level means the boundary of water basins, watercourses, public waters, and public waters wetlands, and:

(1)

The ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial;

(2)

For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and

(3)

For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

Outfall means the point of discharge to any watercourse from a public or private stormwater drainage system.

Permanent cover means final stabilization. Examples include grass, gravel, asphalt and concrete. See also Final stabilization.

Public waters are waters of the state as defined in M.S.A. § 103G.005, subd. 15.

Retention facility means a temporary or permanent natural or artificial structure that provides for the storage of stormwater runoff by means of a permanent pool of water.

Runoff means rainfall, snowmelt, dewatering discharge, irrigation or any artificial sources of water flowing over the ground surface.

Sediment means the product of an erosion process; solid material both mineral and organic, which is in suspension, is being transported, or has been moved by water, wind, or ice and has come to rest on the earth's surface either above or below water level.

Slope means the incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.

Special water means surface water or receiving water that is of a high quality or is deemed worthy to receive extra protection.

Storm sewer system includes, but is not limited to, the combination of roadway gutters, roadway section ditches, culverts, storm sewer piping, overflow channels, infiltration trenches, detention and retention water quality treatment basins and other methods or devices used for capturing, conveying, controlling and treating stormwater and snowmelt runoff.

Stormwater. Under Minn. R. 7077.0105, subpt. 41b, the term "stormwater" means precipitation runoff, stormwater runoff, snowmelt runoff and any other surface runoff and drainage. According to the Code of Federal Regulations (CFR), under 40 CFR 122.26(b)(13), the term "stormwater" means "stormwater runoff, snowmelt runoff and surface and drainage." The term "stormwater" does not include construction site dewatering.

Stormwater pollution prevention plan means the joint stormwater, erosion prevention and sediment control plan that is a document containing the requirements of subsection (h) of this section. When implemented, the plan will define the methods to be used to reduce soil erosion on a parcel of land and off-site non-point pollution. The plan involves both temporary and permanent controls.

Stormwater pond (also referred to as wet sedimentation basin, wet retention basin, or simply wet pond) means an artificial or modified natural basin constructed to capture and retain stormwater runoff for the purpose of removing pollutants and mitigating downstream water quantity impacts.

Surface waters means all streams, ponds, lakes, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems, whether natural or artificial, public or private.

Surveyor means a person duly registered or authorized to practice land surveying in the state.

Temporary erosion protection means short-term methods installed to prevent erosion. Examples include silt fence, straw mulch, wood fiber blanket, wood chips and erosion netting.

Vegetated (grassy) swale means a vegetated earthen channel that conveys stormwater while treating the stormwater by biofiltration. Such swales aid in the removal of pollutants by both filtration and infiltration.

Waters of the state, as defined in M.S.A. § 115.01, subd. 22, means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, on the surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

Wetlands means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes:

(1)

Have a predominance of hydric soils;

(2)

Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

(3)

Under normal circumstances support a prevalence of such vegetation.

(f)

General criteria. The grading, erosion and sediment control plan shall be required for any land disturbance activity or project disturbing more than 20,000 square feet and shall minimize exposed soil and unstable soil conditions in area and duration, disturbance of natural soil cover and vegetation, work in and adjacent to water bodies and wetlands, off-site sediment transport by trucks and equipment, and disturbance to the surrounding soils, root systems and trunks of trees adjacent to site activity that are intended to be left standing. The plan shall also protect receiving water bodies, wetlands, storm sewer inlets and adjacent properties from sediment deposition. It shall provide a plan for minimal compaction of site soils.

(g)

Submittal components. An acceptable application for construction will include the following requirements and contain the components detailed in the following subsections:

(1)

Grading and erosion and sediment control plans. The grading/erosion control checklist and approval form should be used as a reference. These can be obtained from the city engineering department. All grading and erosion and sediment control plans shall include the following items:

a.

Plans for existing and proposed conditions. A complete site plan and specifications, signed by the person who designed the plan shall be in compliance with section 129-7, shall be clearly labeled with a north arrow and a date of preparation, and shall include, at a minimum, the following information:

1.

Project map indicating site boundaries and existing elevations, property lines and lot dimensions in relation to surrounding roads, buildings and other structures, and other significant geographic features.

2.

Identification of all surface waters, on and adjacent to the site and within one-half mile of project boundary, including, but not limited to, lakes, ponds, streams (including intermittent streams), wetlands, natural or artificial water diversion or detention areas, public and private ditches, subsurface drainage facility (including drain tiles), stormwater conveyance, and storm sewer catchbasins. Show ordinary high water marks of all navigable waters, 100-year flood elevations, normal and high water elevations of ponds, and delineated wetland boundaries, if any. If not available, appropriate flood zone determination or wetland delineation, or both, may be required at the applicant's expense.

3.

For projects that have a discharge point on the project that is within one mile of, and flows to, an impaired water, the applicant must identify the impaired waters in the SWPPP, and whether there is a U.S. Environmental Protection Agency (EPA) approved total maximum daily load (TMDL) for the pollutants or stressors identified in this part. Unless otherwise notified by the Minnesota Pollution Control Agency (MPCA) in writing, the applicant's identification of impaired waters must be based on the most recent EPA approved section 303(d) Clean Water Act list of impaired waters and EPA approved TMDLs at the time a complete permit application is submitted. The applicant's identification must include those TMDLs applicable to the project's stormwater discharge that were approved at any time prior to permit application submittal and are still in effect.

4.

Map of watershed drainage areas showing direction of flow for pre- and post-construction drainage, soil types, infiltration rates, and depth to seasonal high water table.

5.

Existing and proposed grades showing drainage on and adjacent to the site using two-foot contours or less.

6.

Existing and proposed impervious surfaces.

7.

Steep slopes of 12 percent or more existing over a distance for 50 feet or more.

8.

Location of all areas not to be disturbed during construction, including trees, vegetation, and designated areas for infiltration.

9.

Proposed grading or other land disturbing activity; areas of soil or earth material storage; quantities of soil or earth material to be removed, placed, stored or otherwise moved on site, and delineated limits of disturbance.

10.

Locations of proposed runoff control, temporary and permanent erosion and sediment control, and temporary and permanent soil stabilization measures.

11.

If more than ten acres are disturbed and drained to a single point of discharge temporary sediment basins must be installed; however, if the site has special waters as defined by the NPDES construction permit requirements, then temporary sediment basins must be installed where five or more acres are disturbed. When site restrictions do not allow for a temporary sediment basin, equivalent measures as approved by the city may be used.

12.

Any mitigation measures required as a result of any review conducted for the project (e.g., wetland mitigation, etc.).

b.

Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) specific to the conditions and requirements of the site. (See subsection (h) of this section.)

(h)

SWPPP design components. All SWPPPs shall be reviewed by the city for effectiveness of erosion and sediment control measures in the context of the site topography and drainage, proposed design, suggested location and phased implementation of effective practicable stormwater pollution prevention measures.

(1)

General criteria. Design, engineering and implementation of these measures shall use the following performance standards, BMPs, and design criteria:

a.

Project compliance. Statement of how the project will comply with all requirements of the NPDES Phase II regulations.

b.

Description. Explanation of the project and associated construction activity.

c.

Contact information. Contact information for the on-site individual responsible for implementation of the SWPPP; and for the project manager and contractor.

d.

Training. The applicant must identify a person knowledgeable and experienced in the application of erosion prevention and sediment control BMPs who will oversee the implementation of the SWPPP, and the installation, inspection and maintenance of the erosion prevention and sediment control BMPs before and during construction.

e.

Runoff easements. If a stormwater management plan involves directing some or all runoff from the site, the applicant shall obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water.

f.

Scheduling site activities. The applicant shall schedule site activities to lessen their impact on erosion and sediment creation. A detailed schedule indicating dates and sequence of land alteration activities; implementation, maintenance and removal of erosion and sedimentation control measures; and permanent site stabilization measures shall be provided.

(2)

Best management practice implementation. All erosion and sediment control and water quality BMPs must be constructed and or installed prior to the commencement of land disturbing activities. These measures shall be coordinated with the different stages of development.

(3)

Monitoring and inspection. The trained person identified in the SWPPP or their assigned designee must routinely inspect the entire construction site at least once every seven days during active construction and within 24 hours after a rainfall event greater than 0.5 inches in 24 hours. Following an inspection which occurs within 24 hours after a rainfall event, the next inspection must be conducted within seven days after that. All inspections and maintenance conducted during construction must be recorded in writing and these records must be retained with the SWPPP in accordance with the NPDES construction site permit.

(4)

Other information. The city will require additional or modified information as warranted.

a.

The city may require soil borings or other site investigation to be conducted and may require submission of a soils engineering or geology report. The report shall include information as requested by the city.

b.

The city may require a stormwater runoff volume and rate analysis report or other hydrologic, water quality and hydraulic computations to be submitted.

c.

The SWPPP shall be modified when there is a change in design, operation, maintenance, weather or seasonal conditions that have a significant effect on discharge or inspections indicate that the plan is not effective and existing BMPs are not controlling pollutants and discharges from the site.

(5)

Contractor/owner inspections and maintenance. The contractor or owner shall be responsible for inspections and maintenance on the site.

a.

Inspections and maintenance must be documented and readily available for review on-site. Inspections are required as follows:

1.

Once every seven days on exposed soil areas.

2.

Within 24 hours after a one-half-inch rain event over 24 hours.

3.

Once every 30 days on stabilized areas.

4.

As soon as runoff occurs or prior to resuming construction on frozen ground.

b.

Maintenance is required as follows:

1.

When sediment reaches one-third the height of the BMP on perimeter control devices, sediment must be removed within 24 hours.

2.

If the perimeter control device is not functional it must be repaired or replaced within 24 hours.

3.

Temporary sediment basins shall be maintained when sediment reaches one-half the outlet height or one-half the basin storage volume. Basin must be drained or sediment removed within 72 hours.

4.

Sediment tracked from construction site vehicle entrance and exit locations must be removed from paved surfaces within 24 hours of discovery.

5.

Inlet protection devices must be cleaned weekly or more frequently as necessary. Sediment and other debris captured in these devices must be deposited in appropriate locations or containers.

(i)

SWPPP implementation components.

(1)

Minimize exposed soil. Land shall be developed in increments of workable size such that adequate erosion and sedimentation control can be provided as construction progresses. At no time shall more than 20 acres be exposed. Special consideration shall be given to the stabilization of steep slopes. Development shall be carefully reviewed to ensure adequate measures have been taken to prevent erosion, sedimentation and structural damage.

(2)

Restabilization. The area exposed shall be covered by an approved ground cover within 14 days after work is completed. When construction work is completed, a minimum depth of four inches of topsoil meeting current MnDOT specifications shall be spread over the developed area and turf establishment started.

(3)

Reduce compaction. To reduce soil compaction and enhance vegetation establishment, all compacted soil shall be tilled to a depth of at least six inches before revegetation.

(4)

Perimeter sediment controls. Perimeter sediment control measures shall be properly installed before construction activity begins. These control measures shall be designed to contain sediment on site and control the quality and quantity of stormwater leaving a site before, during, and after construction. Control measures may include silt fence, compost logs, berms, or other approved methods.

(5)

Channel protection. Channels shall be diverted around disturbed areas if practical, or other channel protection measures will be required. The normal wetted perimeter of any temporary or permanent drainage channel must be stabilized within 200 linear feet of the property edge, or from a point of discharge to any surface water. Stabilization must be completed within 24 hours of connecting to surface water. Sediment control is required along channel edges to reduce sediment reaching the channel. Stabilization of all waterways and outlets shall conform with the stipulations of this part.

(6)

Outlet protection. Pipe outlets must have approved energy dissipation measures installed within 24 hours of connection to surface water.

(7)

Slope protection. The following control measures shall be taken to control erosion during construction:

a.

No exposed slopes shall be steeper in grade than four feet horizontal to one foot vertical.

b.

Exposed slopes steeper than ten feet horizontal to one foot vertical shall be stabilized to minimize erosion.

c.

At the foot of exposed slopes or slopes with long runs a channel and berm may be required to be constructed to control erosion. The channeled water shall be diverted to the sedimentation basin (debris basin, sediment basin, or silt trap) before being allowed to enter the natural drainage system.

d.

Along the top of exposed slopes or slopes with long runs a berm may be required to be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. These methods shall be approved by the city engineering department. At the base of the slope, an energy dissipater shall be installed to prevent erosion.

e.

Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils materials, and expected length of exposure. Slope protection shall consist of mulch, burlap, jute netting, sod blankets, fast growing seeds or temporary plantings or annual grasses. A mulch shall consist of hay, straw, or other approved protective materials. Mulch must be anchored to the slopes by an approved method to provide additional slope stability.

f.

Control measures, other than those specifically stated above, may be used in place of the above measures if it can be demonstrated that they will effectively protect exposed slopes and are approved by the engineering department.

g.

Wind erosion. Snow fences or other wind reducing means shall be employed during construction on-site to reduce wind erosion of the soil. These measures shall be employed as soon as construction has started on-site and shall be extended as needed throughout the development.

h.

All exposed soil areas with a continuous positive slope that are within 200 linear feet of any surface water, or any conveyance (curb, gutter, storm sewer inlet, drainage ditch, etc.) to a surface water source, must have temporary or permanent cover year round. The area shall be stabilized if it has not been worked for seven days on slopes greater than three feet horizontal to one foot vertical (3:1), 14 days on slopes ranging from 3:1 to 10:1 and 21 days for flatter slopes. On sensitive sites or sites with special waters, exposed soil areas with a greater than three feet horizontal to one foot vertical (3:1) must be stabilized within three days and slopes flatter than 3:1 must be stabilized within seven days. All exposed soil areas must have temporary erosion protection or permanent cover no later than November 1 regardless of the stabilization requirements listed above. All exposed soils from construction activities taking place after November 1 must provide temporary erosion protection or permanent cover by the end of the workday if conditions warrant.

i.

If more than ten acres are disturbed and drained to a single point of discharge temporary sediment basins must be installed. When site restrictions do not allow for a temporary sediment basin, equivalent measures such as smaller basins, check dams, and vegetated buffer strips can be included.

j.

For disturbed areas less than ten acres, temporary sedimentation basins are encouraged but not required. The applicant shall install erosion and sediment controls at locations that result in maximum protection and sediment capture. Minimum requirements include silt fences, rock check dams, or other equivalent control measures along slopes. Silt fences, rock check dams, etc., must be regularly inspected and maintained.

(8)

Silt fence. A silt fence shall be properly installed by being trenched and buried at least six inches into the soil. Generally, sufficient silt fence will be required to contain sheet flow runoff generated at an individual site. This method is used to prevent sediment damage to adjacent properties and sensitive environmental areas, such as water bodies, plant communities, rare, threatened or endangered species habitat, wildlife corridors, greenways, wetlands, etc., provided that all silt fences used for erosion and sedimentation control and all other temporary controls shall not be removed until the city and other permitting agencies have determined that the site has been permanently stabilized and shall be removed within 30 days thereafter.

(9)

Soil stockpiling. Temporary stockpiling of 100 cubic yards or more of excess soil on any lot or other vacant area will not be allowed without issuance of a permit for the earth moving activity in question. Stockpiles of soil or other materials subject to erosion by wind or water shall be covered, vegetated, enclosed, fenced on the down gradient side or otherwise effectively protected from erosion in accordance with the amount of time the material will be on site and the manner of its proposed use. No stockpiling is allowed in the street.

(10)

Stockpile protections. For soil stockpiles greater than ten cubic yards, the toe of the pile must be more than 25 feet from a road, drainage channel or stormwater inlet. If left for more than seven days, they must be stabilized with mulch, vegetation, tarps or other means. If left for less than seven days, erosion from stockpiles must be controlled with perimeter control devices such as silt fence. If for any reason a soil stockpile is located closer than 25 feet to a road, drainage channel or stormwater inlet, it must be covered with tarps or a more permanent protection and controlled with perimeter control devices immediately.

(11)

Vehicle exits/entrances. Vehicle tracking of sediment from the construction site must be minimized by BMPs such as stone pads, concrete or steel wash racks, or equivalent systems. Street sweeping must be used if such BMPs are not adequate to prevent sediment from being tracked onto the street. The exit must be at least 50 feet long (15-foot minimum on single-family residential sites), and the exit must be graded so runoff does not enter the adjacent street. Place a geotextile fabric under a layer of aggregate at least six inches thick. The aggregate size must be a minimum of one to three inches or an approved equal. Directions should be given to use the designated construction exits.

(12)

Street cleaning. Streets and outlying roads shall be cleaned and swept within 24 hours whenever tracking of sediments occurs and before sites are left idle for weekends and holidays.

(13)

Dewatering treatment required. Sediment laden water that is being removed from the site by pumping or trenching shall be treated to remove a minimum of 80 percent of suspended solids before discharge. Water may not be discharged in a manner that causes erosion to receiving channels or flooding of the discharge site.

(14)

Storm drain protection. All storm drain inlets shall be protected during construction with control measures as approved by the city. These devices shall remain in place until final stabilization of the site. A regular inspection and maintenance plan shall be developed and implemented to ensure these devices are operational at all times, providing protection of storm sewer infrastructure from sediment loading/plugging. Silt fence fabric under catchbasin grates will not be considered appropriate protection. Protective devices shall be removed prior to freeze up and replaced when temperature permits.

(15)

Waste containment. Appropriate on-site containment must be provided for all trash, solid waste, construction debris, floating debris, and hazardous materials. Disposal of collected sediment shall be deposited only in approved locations.

(16)

Special precautions. Extra precautions must be taken to contain sediment when working in or crossing water bodies.

(j)

Review. The city shall complete a review of the SWPPP concurrent with other submittals. City approval is contingent on issuance of all other permits required by other agencies having jurisdiction on the project. There shall be no work on the site until the requirements are met and approval has been granted.

(1)

Compliance. A SWPPP will be considered compliant when the city determines that the SWPPP meets the requirements of this part and all other requirements for project approval. Compliance assumes implementation and maintenance of the SWPPP components.

(2)

Noncompliance. If the city determines that the SWPPP does not meet the requirements of this part the city shall not issue approval for the land disturbance activity. The SWPPP must be resubmitted for approval before the land disturbance activity begins.

(3)

City inspections and enforcement. Inspections are required before any land disturbing activity begins, at the completion of the project and prior to the release of financial securities. The city shall also conduct inspections on a regular basis during the course of construction to ensure that erosion and sediment control measures are properly installed and maintained. In all cases the inspectors will attempt to work with the applicant to maintain proper erosion and sediment control at all sites. In cases where cooperation is withheld or applicant fails to achieve compliance, enforcement proceedings will be applied as outlined in subsection (n)(4) of this section. An inspection must be conducted before any work is allowed to restart.

(k)

Modification of plan. The applicant must amend the SWPPP as necessary to include additional requirements such as additional or modified BMPs designed to correct problems identified or address situations whenever:

(1)

A change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge of pollutants to surface waters or underground waters.

(2)

Inspections indicate the SWPPP is not effective in eliminating or significantly minimizing the discharge of pollutants to surface waters or underground waters or that the discharges are causing water quality standard exceedances.

(3)

The SWPPP is not achieving the general objectives of controlling pollutants and sediments or is not consistent with the terms and conditions of the approved project plans.

(l)

Financial securities. The applicant shall be subject to the financial security provisions of the city development agreement or site improvement performance agreement.

(m)

Emergency action. If circumstances exist such that noncompliance with this subpart poses an immediate danger to the public health, safety and welfare, as determined by the city, the city may take emergency preventative action. The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the city may be recovered from the applicant's financial security.

(n)

Notification of failure of the SWPPP. The city shall notify the project contact of the failure of the SWPPP's measures.

(1)

Initial contact. The initial contact will be to the party or parties listed on the application or the SWPPP as contacts. Except during an emergency action, 48 hours after notification by the city or 72 hours after the failure of erosion control measures, whichever is less, the city at its discretion, may begin corrective work. Such notification should be in writing, but if it is verbal, a written notification should follow as quickly as practical. If after making a good faith effort to notify the responsible party, the city has been unable to establish contact, the city may proceed with corrective work. If there are conditions when time is of the essence in controlling erosion, the city may take immediate action, and then notify the applicant as soon as possible. Any cost incurred by the city may be recovered from the applicant's financial security.

(2)

Erosion off-site. If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain the right-of entry from the adjoining property owner, and implement the cleanup and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the city, may more than seven calendar days go by without corrective action being taken. If in the discretion of the city, the permit holder does not repair the damage caused by the erosion, the city may do the remedial work required. Any cost incurred by the city may be recovered from the applicant's financial security. When restoration to wetlands and other resources are required, the applicant will be required to work with the appropriate agency to ensure that the work is done properly.

(3)

Erosion into streets, wetlands or water bodies. If eroded soils (including' tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, cleanup and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.

(4)

Failure to do corrective work. When an applicant fails to conform to any provision of this policy within the time stipulated, the city may take one or more of the following actions:

a.

Issue a stop work order, withhold the scheduling of inspections, or the issuance of a certificate of occupancy.

b.

Correct the deficiency or hire a contractor to correct the deficiency. Project approval constitutes a right-of-entry for the city or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control.

c.

Require reimbursement to the city for all costs incurred in correcting stormwater pollution control deficiencies. If payment is not made within 30 days after costs are incurred by the city, payment will be made from the applicant's financial securities.

(o)

Right of entry and inspection powers. The applicant shall allow the city and their authorized representatives, upon presentation of credentials, to:

(1)

Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys.

(2)

Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations.

(3)

Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site.

(4)

Inspect the stormwater pollution control measures.

(5)

Sample and monitor any items or activities pertaining to stormwater pollution control measures.

(Code 2004, pt. 3, § 33.15; Ord. No. 10-2203, 5-20-2010; Ord. No. 20-2447, 7-20-2020)

(a)

Height limitations, as set forth in this section, shall not apply to church spires, flag poles, and municipal water towers and attachments, including antennas. Any structure over 50 feet in height from ground level shall require a conditional use permit. Communication antennas, no greater than 50 feet in height, are permitted in any zoning district and must be located in the rear yard or on the principal structure and meet a 20-foot setback from the side and rear property lines. Freestanding communication antennas over 50 feet in height shall also be regulated by the standards outlined in subsection (b) of this section. Any structure over 150 feet in height from ground level shall not be permitted, unless specifically permitted in another section of city zoning regulations.

(b)

Freestanding communication antennas that are greater than 50 feet in height are only permitted through conditional use permit and are subject to the following standards:

(1)

The applicant must hold an FCC license to operate the proposed communication system.

(2)

The applicant shall submit a study which demonstrates that existing municipal water tower sites and colocation with existing facilities are not technically feasible.

(3)

That all structures must be mono-pole.

(4)

That all structures must be constructed for collocation at market rate.

(5)

That the applicant must provide proof that the construction and operation of the facilities will not interfere with reception and transmission of radio or television services enjoyed by neighboring residential and nonresidential properties.

(6)

That the structures have no lighting other than what is required by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or other governmental bodies.

(7)

That the structures have no signage except as required by state and federal regulations.

(8)

That the structures not be multi-colored and the color be of minimal visibility unless the architectural design or materials that are used, as determined by the city, suggest otherwise.

(9)

That the structures not be located in the designated front yard of a property.

(10)

That the structure not be within the following distance of any residential structures:

a.

350 feet for towers 100 feet in height or greater.

b.

300 feet for towers greater than 80 feet and less than 100 feet.

c.

250 feet for towers 80 feet in height or less.

(11)

That the height of any structure does not exceed 150 feet.

(12)

That the structures be placed with a minimum setback from all lot lines equal to the height of the proposed structure, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances. Towers may not be located within the building setback areas of the underlying zoning district.

(13)

That the owner agrees to remove the structure within 12 months after terminating transmission from the facility.

(c)

Communication antennas attached to or on top of existing buildings may exceed the height limitations of the district when the following standards are met:

(1)

The applicant must hold an FCC license to operate the proposed communication system;

(2)

Building mounted antennas shall not extend more than ten feet above the roof and must be set back at least five feet from the roof edge; and

(3)

Wall or facade mounted antennas shall not extend more than five feet above the roof.

(d)

Temporary mobile communication antennas may be utilized to provide personal wireless service at special events for a duration no longer than 30 days within a calendar year. The height of temporary mobile communication antennas is limited to 80 feet.

(Code 2004, pt. 3, § 33.17; Ord. No. 96-1613, 10-3-1996; Ord. No. 98-1761, 12-17-1998; Ord. No. 08-2166, 10-16-2008; Ord. No. 11-2221, 3-17-2011; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2500, 4-18-2022)

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

Citizen's dropoff means a facility which provides for disposal of materials not collected by waste haulers. In general, vehicles will be unloaded by hand at such a facility. The design will depend on the waste materials anticipated but will typically include large portable containers into which waste can be deposited.

Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air, or discharged into any water, including groundwater.

Dropoff or buy-back center for recyclables means a facility where recyclable material, such as, but not limited to, glass, paper, metal containers, plastics and corrugated cardboard can be brought for temporary storage prior to delivery to a processing facility or market.

Hazardous waste means any hazardous waste as defined in M.S.A. § 116.06, subd. 11, and any substance identified as a hazardous waste pursuant to rules adopted by the state pollution control agency under M.S.A. § 116.07; and any hazardous waste as defined in the Resource Conservation and Recovery Act, under 42 USC 6903, which is listed or has the characteristics identified under 42 USC 6921, not including any hazardous waste the regulation of which has been suspended by an act of Congress.

Household hazardous waste means waste generated from household activity that exhibits the characteristics of or that is listed as hazardous waste under the state pollution control agency rules but does not include waste from commercial, industrial or agricultural activities that is generated, stored or present in a household.

Household hazardous waste program means a program to collect or receive household quantities of hazardous waste materials from residential sources and arrange for transportation of these materials to permitted hazardous treatment, storage or disposal facilities.

Recycling facility means a site used to separate, process, modify, convert, or otherwise prepare solid waste so that component materials or substances may be beneficially used or reused as raw materials.

Solid waste means garbage, refuse, sludge from a water supply treatment plan or air contaminant treatment facility, and other discarded waste materials resulting from industrial, commercial, mining, and agricultural operations, and from community activities but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended.

Solid waste generation means the act or process of producing solid waste.

Solid waste management means the systematic control of the collection, source separation, storage, transportation, processing, treatment, and disposal of solid waste.

Treatment means, when used in connection with solid waste, any method, technique, or process so at to render such solid waste safe for transport, amenable for recycling, amenable for storage, or reduced in volume.

Wetland means any designated state department of natural resources wetland or U.S. Army Corps of Engineers Wetland.

Yard waste composting means controlled microbial degradation of garden wastes, leaves, lawn cuttings and prunings are generated at residential or commercial properties to yield a humus-like product.

Yard waste composting facility means a site used to compose yard waste materials, including all structures or processing equipment used to control drainage; collect and treat leachate; and storage areas for the incoming waste, the final product and residuals resulting from the composting process.

(Code 1980, § 10-92; Code 2004, § 62-151; Ord. No. 88-1063, 2-4-1988; Ord. No. 91-1273, 1-9-1992)

Thousands of tons of solid waste are handled each year within the county. In order to protect the environment, quality of life, and maintain efficient solid waste management, these materials must be delivered to a resource recovery facility or transfer station as designated by the county pursuant to M.S.A. §§ 115A.80—115A.893 or recycled through a variety of recovery mechanisms in a safe, proper, and efficient manner. Therefore, the purposes of this article are to ensure that:

(1)

Solid waste transfer station facilities are sited in a manner consistent with the public health, safety, and welfare;

(2)

Other types of solid waste facilities are sited in a manner consistent with public health, safety, and welfare;

(3)

The impact to adjoining properties and the community, in general, are minimized to the greatest extent reasonably possible.

(Code 1980, § 10-90; Code 2004, § 62-152; Ord. No. 88-1063, 2-4-1988)

(a)

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

Solid waste transfer facility means a building, structure, or use of land devoted, or intended to be devoted, primarily for collection of solid waste from refuse packer trucks, individual residents and businesses which can be deposited into transfer vehicles designed to haul waste over long distances. Any such transfer facility must be an intermediate phase in the treatment of solid waste, and after the solid waste has been deposited into transfer vehicles, it shall be transported from this site.

(b)

In addition to any such transfer facility, a resource recovery facility shall be any building, structure, or use of land devoted, or intended to be devoted to receiving certain types of solid waste from county haulers, residents, or businesses for special programs, including citizens' drop-off, an intermediate recycling processing facility, a composting facility, a drop-off or buy-back center for recyclables, or a household hazardous waste program.

(c)

However, under no circumstances are the following allowed:

(1)

A facility which is intended to receive and/or transfer hazardous waste received in mixed loads of waste from residential or commercial sources.

(2)

A disposal facility, as defined in M.S.A. § 115A.03.

(Code 1980, § 10-91; Code 2004, § 62-153; Ord. No. 88-1063, 2-4-1988; Ord. No, 91-1273, 1-9-1992)

Resource recovery/solid waste transfer facilities may be permitted only as a conditional use within the Heavy Industrial (I-2) Zoning District and shall be subject to all appropriate provisions of this article. Yard waste drop-off facilities shall not be considered a resource recovery/solid waste transfer station facility as regulated by this article. The council shall consider and make findings with respect to the following criteria:

(1)

The proposed resource recovery/solid waste transfer facility is developed and operated in accordance with all applicable local, state and federal laws, rules and regulations regarding, but not limited to, groundwater pollution, water quality, air pollution, noise, odors, or vibration;

(2)

The proposed resource recovery/solid waste transfer buildings and/or uses shall be located no closer than 50 feet of any state department of natural resources designated wetland or body of water and be designed and operated according to the applicable rules and regulations of the state department of natural resources;

(3)

The proposed resource recovery/solid waste transfer buildings shall be located no lower than two feet above the HUD 100-year floodplain as determined by the FEMA west of T.H. 65 and by the city engineer east of T.H. 65;

(4)

Sufficient safeguards against spills, fires, and explosions are established to protect the public health, safety and welfare to the greatest extent reasonably possible utilizing uniform building code, uniform fire code, and federal hazardous waste regulations as standards, if otherwise applicable to the proposed use;

(5)

The proposed site for resource recovery/solid waste transfer facilities shall be developed in such a way so as to provide for opaque screening and landscaping to minimize the negative visual impacts from such a facility on any adjacent property;

(6)

The proposal is consistent with all applicable codes and regulations of this Code;

(7)

The proposal shall be consistent with the city adopted comprehensive plan;

(8)

The proposed site for resource recovery/solid waste transfer facilities be developed in such a way so as to provide for adequate off-site access defined as a minimum of a two-lane, nine-ton roadway with turning lanes; and

(9)

The proposed site shall be reviewed using section 101-4(a).

(Code 1980, § 10-93; Code 2004, § 62-154; Ord. No. 88-1063, 2-4-1988; Ord. No. 95-1564, 7-6-1995)

(a)

Procedure. The procedure for obtaining a conditional use permit is as follows:

(1)

The applicant shall meet with the zoning administrator to explain the applicant proposals, learn the procedures, and obtain an application form.

(2)

The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by action of the city council. All applications for a conditional use permit must be received in the planning and economic development department 30 days prior to a planning commission meeting.

(3)

The zoning administrator shall transmit the application to the planning commission and shall notify all property owners within 1,000 feet of the outer boundaries of the property in question.

(4)

The zoning administrator shall set the date for a public hearing and shall have notice of such hearing published at least once in a legal newspaper, not less than ten days and not more than 30 days prior to such hearing.

(5)

The planning commission shall hold the public hearing and determine possible adverse effects of the proposed conditional use and determine what additional requirements may be necessary to reduce such adverse effects and recommend to the city council one of three actions: approval, denial, or conditional approval.

(6)

The planning commission shall transmit, within 60 days, its recommendation to the city council for its official action.

(7)

The city council shall take appropriate action on the request for conditional use permit within 60 days of receiving the recommendations by the planning commission. If it grants a conditional use permit, the city council may impose conditions, including time limits it considers necessary to protect the public health, safety, and welfare, and such conditions may include a time limit for the use to exist or operate.

(b)

Required application and exhibits for a conditional use permit.

(1)

Conditional use permit application.

(2)

Application fee.

(3)

Property owner's listing/labels within 1,000 feet of the subject site.

(4)

A narrative of proposed activities.

(5)

A certified survey showing the following information of a preliminary site plan, a preliminary grading/drainage plan, a preliminary landscape plan, and preliminary building elevation plans.

(6)

Any other information as required by the city.

(c)

Revocation/suspension of conditional use permits.

(1)

Where a conditional use permit has been issued pursuant to provisions of this article, such permit shall become null and void without further action by the planning commission or city council unless construction or uses commences within one year of the date of granting such conditional use. Permitted activities of a conditional use permit shall expire if the specific use is discontinued for more than 12 consecutive months.

(2)

If the applicant violates any of the conditions set forth in the permit, the city council shall have the authority to revoke the conditional use permit following a public hearing. Any order issued pursuant to this article may include a suspension or revocation of the conditional use permit issued under this article, and shall state with reasonable specificity the nature of the violation and specify a time for compliance. Any violation of this article shall be considered a misdemeanor.

(Code 1980, § 10-94; Code 2004, § 62-155; Ord. No. 88-1063, 2-4-1988; Ord. No. 91-1273, 1-9-1992)

(a)

Site plan submission and review. All building construction and land improvements shall be accompanied by a complete site plan, showing the proposed building, the proposed use of the balance of the property, and any anticipated development phasing. The plan shall show waste disposal, water supply, drainage, ingress and egress, landscaping, screening, and other supportive and pertinent data. Distances to surrounding buildings must also be shown on the site plan. All building permits shall be approved by the zoning administrator following the administrator's review of the site plan for conformity with the city's present development codes and comprehensive plan. The zoning administrator, in the administrator's discretion, may submit the application to the administrative review committee for site plan review. The committee shall also consider the proposed development in terms of its conformity with the city's present development code and comprehensive land use plan. The zoning administrator, with the concurrence of the administrative review committee, may refer the building permit application to the planning commission and city council for its review and approval.

(b)

Plans required.

(1)

Certificate of survey. The certificate of survey shall be drawn at a scale of one inch equals 50 feet, 100 feet, or 200 feet. The certificate of survey shall indicate all existing structures and site improvements.

(2)

Site plan. The site plan shall be drawn at a scale of one inch equals 50 feet, 100 feet, or 200 feet. The submission may be composed of one or more sheets and drawings and shall include the location of all proposed buildings and their proposed uses; location of driveways and parking areas; indicate front, rear and side yard setbacks proposed and approved by the community development department; location of all easements, width and purposes; location and size of existing public improvements adjacent to the lot site, excluding sanitary sewer, water main, and storm drainage; location and size of existing buildings and structures on site and within the distance of 100 feet of the site; existing zoning and land use; location of refuse areas; location of outdoor storage areas; locations and specifications of signs; location and type of lighting.

(3)

Landscape plan. The landscape plan shall be prepared at a scale of one inch equals 50 feet and in accordance with the requirements of section 129-7.

(4)

Grading and drainage plan. The grading and drainage plan shall be drawn at a scale of one inch equals 50 feet, 100 feet, or 200 feet, and shall contain the following information:

a.

Existing and proposed grades with a minimum of two-foot contour intervals to a known sea level datum;

b.

Sufficient spot elevations on all proposed hard surface areas;

c.

Estimated runoff of the area based upon ten-year and 100-year storm events;

d.

Provisions to carry runoff to the nearest adequate outlet, such as a storm drain, natural drainageway, or street;

e.

Location of any proposed ponding areas, indicating the size and depth of the pond and amount of acre feet of water to be stored;

f.

Finished floor elevations of all buildings;

g.

Identification of soil conditions by type and location, including identification of the water table, and suitability of soil for proposed development;

h.

Identification of any areas located within a flood hazard zone as identified by the city's floodplain maps.

(5)

A topographic map. The topographic map shall be drawn at a scale of one inch equals 100 feet and shall contain the following information: two-foot contour intervals to a known sea level datum; identification of watercourses, rock outcroppings, and other significant land features. USGS datum shall be used for mapping.

(6)

Floor plans and elevations. All floor plans and elevations shall be drawn to a legible scale and include the following information:

a.

Floor plans indicating square footage and dimensions of all proposed rooms and areas identifying the proposed uses;

b.

Elevations of the proposed building, identifying exterior treatment materials to be used, and color of paint.

(7)

Transportation plan. The transportation plan shall indicate the manner in which all long haul trucks and/or household hazardous waste haulers are anticipated to enter/exit to and from the site. Such plan shall indicate required truck routings, county/local road designations/impacts, and projected daily trip generations.

(c)

Preparation of plans.

(1)

Site and landscape plans shall be prepared under the supervision of a landscape architect, architect, or land planner.

(2)

The grading and drainage plan shall be prepared by a registered engineer.

(3)

Floor plans and building elevations shall be prepared by a registered architect or registered engineer.

(d)

Narrative. A narrative explaining the estimated solid waste proposed to be disposed of, treated, transported, and the time, frequency or rate of which such waste is proposed to be disposed of, treated, transported or stored.

(e)

Time limitations. If final site plan approval is not granted within a one-year period from the time of the approval of the conditional use permit application, the proposal shall be declared null and void and the applicant will have to refile a preliminary plan and conditional use permit application with the planning and economic development department.

(Code 1980, § 10-95; Code 2004, § 62-156; Ord. No. 88-1063, 2-4-1988; Ord. No. 91-1273, 1-9-1992)

The following standards are required for resource recovery/solid waste transfer station facilities:

(1)

Zoning. The property must be zoned I-2 Heavy Industrial or I-2A Heavy Industrial.

(2)

Minimum lot size. The minimum lot size shall be seven acres. A transfer station can also be collocated with other uses.

(3)

Transfer station building setbacks. Transfer station building setbacks are as follows:

a.

Front yard setback: 150 feet.

b.

Side yard setback: 100 feet.

c.

Rear yard setback: 100 feet or 50 feet if adjacent to an airport property.

(4)

Ancillary building setbacks.

a.

Front yard setback: 100 feet.

b.

Side yard setback: 100 feet or 50 feet if adjacent to an airport property.

c.

Rear yard setback: 100 feet or 50 feet if adjacent to an airport property.

(5)

Building height. The building height shall be 50 feet from the ground level. All buildings shall be sprinkled and contain other fire and life safety standards denoted in NFPA 101 and subject to metropolitan airport commission regulations.

(6)

Parking and driveways.

a.

Parking and driveways may be constructed to within the following minimum setbacks of property line:

1.

Front yard/corner site yard setback: 50 feet.

2.

Side yard setback: 50 feet.

3.

Rear yard setback: 50 feet.

b.

Concrete curbing shall be required along all parking/driveway areas. All parking/driveway areas shall be either concrete or asphalt surfaces.

(7)

Landscaping. All landscaping requirements shall meet the provisions of section 129-7, including the following:

a.

Underground irrigation shall be required for all front yards and corner side yards, not left in a natural vegetative condition.

b.

Traffic safety islands and/or general parking islands, where deemed appropriate, shall be landscaped.

c.

Minimum plant sizes shall be increased to the following:

d.

The entire site perimeter shall be screened with landscaping. Such screening can occur anywhere within the parking setbacks and can be achieved by any combination of natural vegetation, new landscaping, berming, or fencing. Newly created site perimeter screening areas shall be designed to achieve year round screening using conifers, evergreen shrubbery, berms, fencing, or a combination thereof.

(8)

Storage. Outdoor storage of materials shall be permitted if approved as part of a conditional use permit. All outdoor storage areas to be delineated by permanent fencing.

(9)

Lighting. Lighting shall not be directed on another lot or obscure driver's vision on public streets. No freestanding light fixture shall be higher than 20 feet, unless additional pole heights are authorized by separate CUP approval. Such fixtures shall be approved by the planning department and shall be shielded downlit style. Off-street parking areas shall be illuminated to an average of one footcandle at eye level over the entire surface of the parking area during operating hours.

(10)

Mechanical/electrical equipment. Equipment on the roof or ground, such as heating, air conditioning, transformers, shall be screened on all sites such as not to be visible from public streets or adjoining property.

(11)

Architectural control.

a.

All buildings erected shall be a type of construction, as defined in the uniform building code.

b.

Any building shall be constructed so that all exterior sides shall be surfaced equivalent to the front building elevation as determined by the zoning administrator.

c.

Exterior wall surfaces of all building shall be primarily faced with brick, stone, pre-cast panel, cast-in-place panel, architectural concrete in combination with other permitted materials, or glass.

d.

Use of modern metal paneling materials or equivalent shall be considered for exterior wall surfaces provided such materials are used in conjunction with other materials listed in this section. Use of modern metal paneling materials or its equivalent shall not exceed 35 percent of any individual wall surface.

e.

The building design should exhibit architectural control, which seeks to be creative and maximize architectural uniqueness. In addition, the city is desirous of such building design, which will enhance energy conservation and attempt to use active or passive solar design.

f.

All building design and exterior wall surface materials shall be reviewed and approved by the community development department.

(Code 1980, § 10-96; Code 2004, § 62-157; Ord. No. 88-1063, 2-4-1988; Ord. No. 01-1897, 4-5-2001)

(a)

For the purpose of enforcing the provisions of this article, any holder of a conditional use permit pursuant to this article shall:

(1)

Furnish information relating to the operation of the resource recovery/solid waste transfer facilities upon the reasonable request of the city manager or fire chief.

(2)

Allow the city manager, fire chief, or other duly authorized city personnel free access to the resource recovery/solid waste transfer facilities at any reasonable time for the purpose of making such inspections as may be necessary to determine compliance with the requirements of this article or other applicable local, state or federal laws, rules or regulations.

(3)

Allow the city manager, fire chief, or other duly authorized city personnel access to records concerning the operation of the resource recovery/solid waste transfer facility.

(b)

The existence of any violation of local, state or federal laws, rules or regulations may result in a public hearing for such violations and the identification and implementation of additional safeguards to prevent future violations.

(Code 1980, § 10-97; Code 2004, § 62-158; Ord. No. 88-1063, 2-4-1988)

In the event of a spill, leak, explosion, fire or accident occurs at the resource recovery/solid waste transfer station facility which requires notification of the state pollution control agency, pursuant to M.S.A. § 115.061 or which threatens the public health, safety or welfare, then the owner or operator of the facility shall also notify the city manager and the fire chief as soon as reasonably possible after the spill, leak, explosion, fire or accident becomes known. Failure to report such incidents as required shall constitute a misdemeanor.

(Code 1980, § 10-98; Code 2004, § 62-159; Ord. No. 88-1063, 2-4-1988)

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

Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

Hazardous waste means any hazardous waste as defined in M.S.A. § 116.06, subd. 11, and any substance identified as a hazardous waste pursuant to rules adopted by the state pollution control agency under M.S.A. § 116.07 and any hazardous waste as defined in the Resource Conservation and Recovery Act, under 42 USC 6903, which is listed or has the characteristics identified under 42 USC 6921, not including any hazardous waste the regulation of which has been suspended by act of Congress.

Hazardous waste generation means the act or process of producing hazardous waste.

Hazardous waste management means the systematic control of the collection, source separation, storage, transportation, processing, treatment and disposal of hazardous waste.

Manifest means the form used for identifying the quantity, composition and origin, routing and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage.

Sludge means any solid, semisolid or liquid waste generated from a municipal, commercial or industrial waste water treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effects.

Solid waste means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, 42 USC 2011 et seq.

Storage means, when used in connection with hazardous waste, the containment within a building of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.

Treatment means, when used in connection with hazardous waste, any method, technique or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. The term "treatment" includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous.

(Code 1980, § 10-72; Code 2004, § 34-191; Ord. No. 765, 10-21-1982; Ord. No. 91-1273, 1-9-1992)

Millions of gallons and thousands of cubic feet of hazardous waste are handled in the metropolitan area each year. In order to protect the environment and quality of life, these materials must be disposed of in a safe and proper manner. If the city is selected as a site for a hazardous waste facility, it is incumbent upon the city to ensure proper management of these materials. Therefore, the purposes of this article are to ensure that:

(1)

Hazardous waste facilities are sited in a manner consistent with the public health, safety and welfare;

(2)

The risks to adjoining properties and the community, in general, are minimized to the greatest extent reasonably possible; and

(3)

The decisions with regard to the siting of hazardous waste facilities are made in an objective fashion.

(Code 1980, § 10-70; Code 2004, § 34-192; Ord. No. 765, 10-21-1982)

For the purposes of this article, a hazardous waste facility shall be a building, structure or use of land devoted, or intended to be devoted, primarily for changing by any method, technique or process, including neutralization, the physical, chemical or biological character of any waste material, so as to neutralize such material or render it nonhazardous, safer for transport, amenable for recovery, storage, or reduced in bulk. Any facility must be an intermediate phase in the treatment of hazardous waste, and after the waste has been treated, it shall be transported from this site. However, under no circumstances are the following allowed:

(1)

A facility which manufactures hazardous materials from components of nonhazardous materials;

(2)

A disposal facility, as defined in M.S.A. § 115A.03;

(3)

No outside storage of hazardous waste at any time; and

(4)

A facility for the treatment of hazardous waste, which is clearly subordinate, incidental and related to the principal structure, building or use of land, and is located on the same lot as the principal structure, building or use.

(Code 1980, § 10-71; Code 2004, § 34-193; Ord. No. 765, 10-21-1982)

Hazardous waste facilities may be permitted only as a conditional use within the heavy industrial zoning district, and shall be subject to all appropriate provisions of this article and approved only if consistent with all of the following objectives:

(1)

The proposed hazardous waste facility is developed and operated in accordance with all applicable local, state and federal laws, rules and regulations.

(2)

The hazardous waste facility is developed and operated in such a manner so as to minimize the possibility of groundwater pollution to the greatest extent possible in order to maintain the chemical, physical and biological integrity of the nation's waters, in order to achieve and maintain a level of water quality which provides for the protection and propagation of fish, shellfish, wildlife, plant life and for recreation in and on the water.

(3)

The proposed hazardous waste facility is developed and operated in such a manner so as to minimize air pollution to the greatest extent possible.

(4)

The proposed hazardous waste facility is located no closer than 1,500 feet of any HUD floodplain, shoreland, wetland, body of water, or groundwater recharge area or aquifer, in order to protect potential drinking water sources.

(5)

Sufficient safeguards against spills, fires, and explosions are established to protect the public health, safety and welfare to the greatest extent possible.

(6)

The proposed site for hazardous waste facilities is developed in such a way so as to provide for opaque screening and landscaping to minimize the negative visual impacts from such a facility on any adjacent property.

(7)

The proposal is consistent with all applicable codes and regulations of this Code.

(8)

The proposal is consistent with the comprehensive plan.

(Code 1980, § 10-73; Code 2004, § 34-194; Ord. No. 765, 10-21-1982; Ord. No. 91-1273, 1-9-1992)

(a)

Prior to the submittal of a conditional use permit application, the developers or owners of the proposed facility shall meet with the zoning administrator to review all applicable ordinances, regulations and future plans for the area adjacent to the property being developed.

(b)

The developers or owners of the proposed facility shall prepare preliminary drawings in accordance with the regulations of section 129-99 and submit the same to the zoning administrator, 60 days prior to the public hearing.

(c)

Upon staff approval of the application for hazardous waste facilities, the application will be scheduled for review by the administrative review committee.

(d)

The application for the conditional use permit will then be scheduled for a public hearing before the planning commission.

(e)

The notice for public hearing shall be published in the official newspaper at least ten days, but not more than 20 days, prior to the public hearing, at which time the item will be heard. Notices will also be sent during this time period to property owners within 1,000 feet of the subject property.

(f)

The planning commission shall hold a public hearing on the proposed conditional use permit. Following the public hearing, the planning commission shall, within 90 days, submit in writing, to the city council, its report, its findings, and its recommendation as to the appropriateness of the proposed development and shall recommend approval, modifications, postponement or disapproval, based upon the criteria set forth in sections 129-92 and 129-93.

(g)

The application for the conditional use permit shall be scheduled for a city council meeting.

(h)

The city council shall consider the application pursuant to sections 129-92 and 129-93 and shall approve, disapprove, postpone or modify the proposal.

(i)

After city council approval of the application for a conditional use permit and the approval of the preliminary plans, the owners or developers shall file final plans with the planning and economic development department. The final plans shall be processed in the same manner as the conditional use permit and preliminary plans. A certified copy of the conditional use permit shall be recorded in the office of the county recorder or registrar of titles, pursuant to M.S.A. § 462.3595, subd. 4.

(j)

Should the city council disapprove the application for a conditional use permit and preliminary plans, the owners or developers may prepare another preliminary plan and resubmit to the zoning administrator.

(Code 1980, § 10-74; Code 2004, § 34-195; Ord. No. 765, 10-21-1982; Ord. No. 91-1273, 1-9-1992)

(a)

Major changes. If the applicant proposes major changes in the final site plan that are inconsistent with the preliminary site plan, these changes can only be made by resubmission of a new preliminary site plan and new conditional use permit application to the zoning administrator and rescheduling of a new public hearing before the planning commission, and reviewal again by the city council. The following constitute major changes:

(1)

Increase in the size of the proposed structure or development;

(2)

Change in architectural design or style;

(3)

Increase in the height of the building;

(4)

A major modification to the landscape plan;

(5)

A significant reduction in proposed open space and buffering;

(6)

A change in the development schedule;

(7)

Change in road location or standards; and

(8)

Other changes as determined to be major by the city council.

(b)

Minor changes. The city council may, in its discretion, permit minor deviations from the preliminary site plan, which do not change the concept or intent of the proposed development as previously approved.

(Code 1980, § 10-75; Code 2004, § 34-196; Ord. No. 765, 10-21-1982; Ord. No. 91-1273, 1-9-1992)

If final approval is not granted within a 12-month period from the time of the approval of the conditional use permit application and preliminary plans, the proposal shall be declared null and void and the applicant will have to refile a preliminary plan and conditional use permit application with the zoning administrator.

(Code 1980, § 10-76; Code 2004, § 34-197; Ord. No. 765, 10-21-1982; Ord. No. 91-1273, 1-9-1992)

The following standards are required for hazardous waste treatment facilities:

(1)

Zoning. The property must be zoned I-2 Heavy Industrial or I-2A Heavy Industrial.

(2)

Setbacks. Minimum setbacks from property line, major roads, and other buildings, shall be 200 feet. Minimum setbacks from any residential structure shall be one-half mile.

(3)

Lot size; lot coverage; building height. Minimum lot size shall be ten acres; maximum lot coverage shall be 25 percent; maximum area for parking shall be 25 percent; maximum building height shall be 40 feet; building materials shall be concrete, wood, or brick; and no metal buildings shall be allowed.

(4)

Landscape area. Minimum landscape area shall be 50 percent.

(5)

Screening. The entire site shall be opaquely screened so that the building or parking or storage areas cannot be seen from a public street.

(6)

Minimum plant sizes. Shade trees shall be 3½-inch caliber; small trees shall be three-inch caliber; flowering trees shall be three-inch caliber; shrubs shall be three feet in height; and coniferous trees shall be 12 to 15 feet in height.

(7)

Water migration; ponding. No migration of water overland shall be permitted beyond the property lines. All ponding of water shall be contained on the site and provisions made to contain all water runoff outside or inside of the facility and shall not be discharged into the municipal sanitary sewer system or any stormwater system or ditch.

(8)

Parking areas. Concrete curbs shall be required along all parking areas. All parking areas shall be concrete surfaces.

(9)

Storage. No outdoor storage shall be permitted.

(Code 1980, § 10-77; Code 2004, § 34-198; Ord. No. 765, 10-21-1982)

The operators of the hazardous waste facility shall maintain records of all hazardous waste identified or listed which is treated, disposed of or stored and the manner in which such waste is to be treated, stored or disposed of. The operators of the facility shall submit a quarterly report to the city council, identifying the treatment, storage or disposal of all such waste received by the facility.

(Code 1980, § 10-78; Code 2004, § 34-199; Ord. No. 765, 10-21-1982)

(a)

Maps. The applicant shall submit maps of the area within one-half mile of the exterior property lines of the proposed site, and including the proposed site, which show:

(1)

All dwelling units, other principal buildings and structures and streets;

(2)

All significant topographical features;

(3)

All surface water;

(4)

Wetlands;

(5)

All sanitary sewer systems;

(6)

All stormwater management systems; and

(7)

All wells.

(b)

Engineering certification. The applicant shall submit an engineering certification for the proposed site and the area within one-half mile of the proposed site concerning the following factors:

(1)

Depth to seasonally high water table;

(2)

Soil drainage, composition, thickness in permeability;

(3)

Flooding, groundwater recharge areas, aquifers and floodplains;

(4)

Depth to bedrock; and

(5)

Prevailing wind conditions.

(c)

State and county certification. The applicant shall submit certification from the state pollution control agency, county health board, metropolitan council, state environmental quality board, state waste management board, and the Environmental Protection Agency that the use for the proposed site is in compliance with the appropriate local, state and federal laws, rules and regulations governing air quality standards, water quality standards, and wastewater standards.

(d)

Narrative. The applicant shall submit a narrative explaining the estimated composition, quantities and concentrations of any hazardous waste identified or listed by this article, or combinations of any such hazardous waste and any other solid waste, proposed to be disposed of, treated, transported, or stored and the time, frequency or rate of which such waste is proposed to be disposed of, treated, transported or stored.

(e)

Preliminary site plan. The preliminary site plan shall be drawn at a scale of one inch equals 50 feet. The submission may be composed of one or more sheets and drawings and shall include:

(1)

Location of all proposed buildings and their proposed uses;

(2)

Location of driveway and parking areas;

(3)

Front, rear and side yard setbacks;

(4)

Square footage and dimensions of all proposed buildings; and

(5)

Location of all easements width and purpose.

(f)

Landscape plan. The landscape plan shall be drawn at a scale of one inch equals 50 feet and shall contain the following information:

(1)

Areas for berming, sodding and screening;

(2)

Location of proposed plantings, identifying materials as shade tree, flowering tree, coniferous tree or shrubs;

(3)

Location of any existing vegetation; and

(4)

Location of any trees to be removed.

(g)

Grading and drainage plan. A grading and drainage plan shall be drawn at a scale of one inch equals 100 feet and shall contain the following information:

(1)

Existing and proposed grades with a minimum of two-foot contour intervals to a known sea level datum;

(2)

Spot elevations on all proposed hard surface areas;

(3)

Estimated runoff of the area based upon ten-year and 100-year storms;

(4)

Location of proposed ponding areas indicating the size and depth of the pond, and amount of acre feet of water to be stored; and

(5)

Finish floor elevations of all buildings.

(h)

Floor plans and elevations. All floor plans and elevations shall be drawn to a legible scale and include the following information:

(1)

Floor plans indicating square footage and dimensions of all proposed rooms and areas within the structure, identifying the proposed uses for each room; and

(2)

Elevations of the proposed building, identifying exterior treatment, such as materials to be used and the color of the paint.

(Code 1980, § 10-79; Code 2004, § 34-200; Ord. No. 765, 10-21-1982; Ord. No. 91-1273, 1-9-1992)

(a)

Final site plan. A final site plan shall be prepared at a scale of one inch equals 50 feet and shall contain the following information:

(1)

Location of proposed buildings;

(2)

Location of proposed driveways and parking areas;

(3)

Front, rear, and side yard setbacks; and

(4)

Square footage of all proposed buildings.

(b)

Final landscape plan. A final landscape plan shall be drawn at a scale of one inch equals 50 feet and shall contain the following:

(1)

Plant types (botanical and common names), number, location, size, and method of installation;

(2)

Areas to be sodded;

(3)

Location of existing vegetation;

(4)

Location of trees to be removed.

(c)

Final grading and drainage plan. A final grading and drainage plan shall be drawn at a scale of one inch equals 100 feet and shall contain the following information:

(1)

Existing and proposed grades with a minimum of two-foot contour intervals to a known sea level datum;

(2)

Sufficient spot elevations on all proposed hard surface areas;

(3)

Estimated runoff of the area based upon ten-year and 100-year storms;

(4)

Location of any proposed ponding areas, indicating the size and depth of the pond and amount of acre feet of water to be stored;

(5)

Finish floor elevations of all buildings; and

(6)

Identify soils by type and location, including identification of the water table, and suitability of soil for the proposed development.

(d)

Final floor plans. Final floor plans, construction drawings and elevations shall be drawn to a legible scale and shall include the following information:

(1)

Plans indicating square footage, dimension, and uses of all proposed areas within the building; and

(2)

Elevations of the proposed building, identifying exterior treatment, such as materials to be used and the color of the paint.

(Code 1980, § 10-80; Code 2004, § 34-201; Ord. No. 765, 10-21-1982)

For the purpose of enforcing the provisions of this article, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous waste shall furnish information relating to such waste upon request of the following persons: city building official; zoning administrator; police chief; city manager; or the fire chief. Such persons at all reasonable times shall have access to and the right to copy all records relating to such waste.

(1)

Any duly authorized city personnel shall be allowed at any reasonable time to enter any establishment or other place where hazardous wastes are or have been stored, treated, or transported from.

(2)

Any duly authorized city personnel shall be allowed to inspect and obtain samples from any person of any such waste and samples of any containers or labeling for such containers.

(3)

Any duly authorized city personnel can at any time, without prior consent, inspect the site for the possibility of any leakage, spills or violations of any local, state or federal law, rules or regulations.

(4)

Any records, reports, or information obtained by the city shall be made available to the public.

(5)

The existence of any violation of local, state or federal laws, rules or regulations shall require the closing of such facility until it has been determined by public hearing the reasons for such violations and the identification and implementation of additional safeguards to prevent future violations.

(Code 1980, § 10-81; Code 2004, § 34-202; Ord. No. 765, 10-21-1982; Ord. No. 91-1273, 1-9-1992)

Any order issued pursuant to this article may include a suspension or revocation of the conditional use permit issued under this article, and shall state with reasonable specificity the nature of the violation and specify a time for compliance. Any violation of this article shall be considered a misdemeanor.

(Code 1980, § 10-82; Code 2004, § 34-203; Ord. No. 765, 10-21-1982)

(a)

If the administrator, as designated by the city manager, determines that the presence of any unauthorized hazardous wastes are being stored, treated, or disposed of, the administrator may demand that the facility be closed within eight hours upon written notice.

(b)

If the administrator determines that the release of any materials from a hazardous waste facility or site may present a substantial hazard to human health or the environment, the administrator may issue an order requiring the owner or operator of the facility to conduct such monitoring, testing, analysis and reporting with respect to such facility or site as the administrator deems reasonable to ascertain the nature and extent of such hazard, including spills, leaks, explosions and fire.

(c)

If the administrator determines that the owner or operator is unable to conduct monitoring, testing and analysis, or reporting satisfactory to the administrator and if the administrator deems any such action carried out by the owner or operator to be unsatisfactory or if the administrator cannot initially determine that there is an owner or operator who is able to conduct such monitoring, testing or reporting, the administrator may:

(1)

Conduct monitoring, testing or analysis, which the administrator deems reasonable, to ascertain the nature and extent of the hazard associated with the site concerned; or

(2)

Authorize the state or a local authority or other person to carry out any such action; and

(3)

Require the owner or operator to pay for the cost of monitoring, testing or analysis done by outside agencies, or individuals.

(Code 1980, § 10-83; Code 2004, § 34-204; Ord. No. 765, 10-21-1982)

In the event of any spill, leak, explosion, fire or accident, the owner or operator of the facility is required, within a one-hour time period, to notify the following individuals: city manager, fire chief, police chief, metropolitan council, state waste management board, county health department, and state pollution control agency. Failure to report such incidents within the one-hour period shall constitute a misdemeanor.

(Code 1980, § 10-84; Code 2004, § 34-205; Ord. No. 765, 10-21-1982)

As a prerequisite to the approval of the application for the conditional use permit, the city council shall find that the evidence presented established that:

(1)

Safe and adequate access to the facility for general, service, and emergency purposes will be provided from nonresidential major thoroughfares, and will not require the use of any residential collector or residential local streets.

(2)

The operation of the facility will not produce fumes, odors, noise, dust, smoke or gases which will adversely affect nearby properties.

(3)

The types of soil under and within one-quarter of a mile of all portions of the proposed site to be used for storage, treatment, loading and handling of hazardous materials, as well as under all paved surfaces or roads leading to the facilities, shall not have a natural percolation rate in excess of 0.75 gallons per day per square foot.

(4)

All surface water, groundwater, sanitary sewer systems, and stormwater systems will be protected so as to minimize to the greatest extent the probability of contamination by hazardous waste.

(5)

The use of the proposed site for hazardous waste treatment will not endanger the public health or safety, or substantially reduce the value of adjoining or nearby property.

(Code 1980, § 10-85; Code 2004, § 34-206; Ord. No. 765, 10-21-1982)