Byron City Zoning Code

DEVELOPMENT STANDARDS

§ 152.080 ENVIRONMENTAL PERFORMANCE STANDARDS.

(A) Compliance required. Unless otherwise allowed, or not expressively prohibited, by the Zoning Code, no land or building in any district shall be used or occupied in any manner so as to create any:

(1) Dangerous, injurious, noxious, or otherwise objectionable fire, explosion, or other hazard;

(2) Noise;

(3) Vibration;

(4) Smoke, dust, fumes, odors, or other forms of air pollution;

(5) Heat;

(6) Glare;

(7) Liquid or solid wastes; or

(8) Other substance, condition or element in such a manner, or in such amount, as to adversely affect the surrounding area or adjoining premises.

(B) Use restrictions. All uses shall be subject to the environmental performance standards.

(C) Enforcement. The Zoning Administrator shall investigate any purported violation of performance standards and, if there are reasonable grounds for the same, shall serve the owner with a written notice of violation thereof. Where the State of Minnesota environmental regulations address a purported violation, the Zoning Administrator may report the same to the Minnesota Pollution Control Agency or any other responsible state agency. If it should become necessary for the city to employ the services of any qualified expert to advise in establishing a violation, the fee shall be paid by the violator if said violation is established, otherwise it shall be paid by the city.

(D) Performance standards.

(1) Fire and explosive hazards. All activities involving and all storage of flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry or commercial uses and that meet or surpass all minimum building code requirements. Burning of waste materials in open fires shall be prohibited at any time. The relevant provisions of state and county laws and regulations shall also apply.

(2) Noise. All sound sources, including nonconforming uses, shall comply with the state noise regulations, as administered by the Minnesota Pollution Control Agency.

(3) Vibration. No vibration shall be permitted which is discernible without instruments at the property line of said use.

(4) Smoke. No emission shall be permitted at any point from any chimney or any other emission point of visible smoke greater than 20% opacity for any measured time or a 40% opacity for any four minutes per one hour time period for existing uses and not greater than 20% opacity for any measured time for new uses. Opacity should be measured using U.S. E.P.A. Method 9. All Minnesota Pollution Control Agency regulations shall be met or exceeded.

(5) Dust, fumes, vapors and gases. The emission of dust, dirt, fly ash, fumes, vapors, or gases which can cause any damage to human health, to animals, to vegetation, or to property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited. All Minnesota Pollution Control Agency regulations shall be met or exceeded.

(6) Odor. No use other than agriculture-related activities shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. All applicable Minnesota Pollution Control Agency regulations shall be met or exceeded.

(7) Glare.

(a) In the Industrial District (I), no direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion or welding or other activities shall cause illumination in excess of 0.5 footcandles at the property line.

(b) In all other districts, no operation or activity producing glare shall be conducted so that any glare, whether direct or reflected, is visible at the property line.

(c) All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.

(8) Heat. No use shall produce heat perceptible with instruments beyond its lot lines.

(9) Waste.

(a) All waste materials shall be removed and disposed of in a manner adequate to meet all federal, State of Minnesota, and Olmsted County Health Department regulations and other requirements of this chapter.

(b) Waste materials incidental to the principal operation shall be kept in neatly stored containers screened from public view and at least 25 feet from all interior lot lines.

(d) No waste shall be piled on open ground.

(e) Dumping and disposal of solid or liquid waste material.

(i) The use of land for the dumping or disposal of scrap iron, junk, garbage, rubbish, sludge, or other refuse, or of ashes, slag, or other industrial wastes or by-products, is not permitted in any district.

(ii) The dumping of dirt, sand, rock, or other material excavated from the earth is permitted in any district, provided the surface of such material is graded within four months of the initiation of dumping activities in a manner preventing the collection of stagnant water which leaves the ground surface in a stable condition suitable for growing of turf that will not be subject to erosion and is useable for other land uses permitted in the district.

(iii) No discharge is permitted at any point into any public sewer, stream, or into the ground except in accord with federal or state pollution control standards of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements to occur.

(iv) Where hazardous wastes covered by the State of Minnesota and federal regulations are produced, stored, or otherwise located on a site, the hazardous wastes shall be stored and disposed of in a manner that meets all state and federal hazardous waste disposal regulations.

(v) No open burning of liquid waste material shall be permitted within city limits. Furthermore, no open burning of solid waste material or refuse shall be permitted within the city limits unless the location for such action is at least 600 feet from any residential building and a Minnesota Pollution Control Agency permit is obtained.

(Ord. 2023-02, passed 5-9-23)

§ 152.081 CLEAR VISION AREAS.

(A) A clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad.

(B) A clear vision area shall be a triangular shaped area with two sides following lot lines; the clear vision area shall extend along both curb lines for a distance of not less than 25 feet.

(C) The clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding 36 inches above the adjacent street grade, except for trees with branches and foliage removed to a height of eight feet above the ground and open wire fencing that does not obscure sight.

(Ord. 2023-02, passed 5-9-23)

§ 152.082 PARKING AND LOADING.

(A) Parking requirements. The following off-street parking requirements shall be provided for each use listed in this section unless otherwise specified:

(1) Location and improvements of parking facilities.

(a) Single-unit, two-unit (twinhome), and two-unit (duplex) dwellings shall have provided parking stalls on the same lot as the dwelling and may occupy all or part of any required rear yard and shall not be located in the front yard unless on an established driveway that is not located between the principal building and the front lot line. An established driveway and garage may be used to meet the minimum parking requirements for detached single-unit dwellings where the driveway and garage meets the minimum parking space dimensions in (f) below.

(b) Residential uses with three or more units shall have off-street parking which may include a community garage on lands owned by the same owner of the building and land and located within 200 feet of the building they are intended to serve. Tandem parking (one vehicle behind another), including or not including a garage, shall not be permitted in order to meet the minimum parking requirements of this section.

(i) In any nonresidential district, off-street parking may occupy that part of a front yard to within seven feet of the front lot line and in the case of a corner lot that part of a side street side yard to within seven feet of the side street side lot line. This said seven feet of front or side street side yard shall be suitably landscaped with canopy trees, deciduous and coniferous bushes or hedges and grasses or other materials and graded to control surface water runoff from the paved and landscaped area. A site design plan shall be submitted as part of the application for a zoning permit. In no case shall off-street parking be permitted within clear vision areas.

(ii) Commercial uses.

a. A conditional use permit shall be required for any commercial use when:

i. The commercial use is located in the downtown commercial area, as established in the Byron Comprehensive Plan;

ii. The commercial building has over 3,500 square feet of floor area; and

iii. The commercial use cannot meet the minimum parking requirements as set in this section.

b. Recommendations by the Planning Commission and decisions by the City Council shall be based on the type of commercial use under consideration.

(iii) Parking shall not be permitted within the setback requirements for any property within the Industrial District.

(d) There shall be adequate provisions for ingress and egress to all parking areas. Said access drive shall not be less than eight feet in width in the case of single- and two-unit dwellings and not less than 18 feet in width for residential dwellings with three or more units, commercial and industrial uses; provided, however, that a one-way access drive for nonresidential uses may be reduced to not less than ten feet in width. All parking areas for more than four vehicles shall be designed so that no vehicle must back out onto any highway, street or road. Aisles between parking spaces within parking lots shall not be less than 20 feet in width.

(e) Necessary curbs or other protection against damage to abutting properties, roads, and sidewalks shall be provided and maintained. Necessary curbs and other structures shall be provided at all ingress and egress areas to clearly delineate such areas.

(f) All parking spaces shall be 9 ½ feet in width and 18 feet in length and shall be clearly marked. Small car spaces shall be a minimum of eight feet in width and 16 feet in length. The length of small car spaces shall be increased by 15% when parallel parking is utilized.

(g) It shall be the responsibility of the owner of the principal use or of the property to ensure that the parking area is maintained in a dust free and safe condition.

(h) When calculations for required parking spaces result in a requirement of a fractional space, any fraction of less than ½ shall be disregarded and fractions of ½ or more shall require one parking space.

(i) Shopping centers shall have off-street parking on the same lot or lots on which the principal building(s) are located and shall meet the minimum requirements listed in (2) below.

(j) Artificial lighting which may be provided shall be deflected so as not to shine directly onto adjoining dwellings or other types of living units and so as not to create a hazard to public use of a street.

(k) Parking areas, aisles, and turnaround areas shall be paved with concrete, asphaltic, or comparable surfacing on all commercial and residential uses requiring six or more parking spaces within one year of the date of initiation of construction on any portion of the lot or any approved structure.

(2) Table 152.6. Required Parking Spaces.

Use	Parking Spaces
Residential use	Two parking spaces per dwelling unit.
Board/rooming house	One parking space for each living unit.
Hotels and motels	One parking space per guest room and one parking space for each employee during the largest work shift.
Retail commercial and shopping centers	One parking space per 200 square feet of gross floor area.
Restaurants (including outdoor seating areas)	One parking space for every four seats and one parking space for every two employees.
Bar or lounge (eating and drinking establishments)	One parking space for every four persons based on the maximum building capacity as specified within the State Building Code and one parking space for every two employees.</ce>
Medical/dental office	Five parking stalls per principal medical professional.
Offices, banks and public administration	One parking space for every 400 square feet of gross floor area.
Furniture store, plumbing, supply, wholesale store, laundry, motor vehicle sales showroom or similar large uses	One parking space for every 800 square feet of gross floor area.
Bowling alley	Two parking stalls for each bowling lane.
Service station, car repair and car washes	Five parking spaces per stall or repair bay.
Funeral homes	One parking space for every five seats or 50 square feet of floor area in public portions of the building.
Continuing care senior facility	1 1/4 parking spaces per dwelling unit.
All other commercial uses	One parking space for every 300 square feet of gross floor area.
Schools, nurseries and day care centers	One parking space for every employee; and for high schools, one additional parking space for each three students. One additional parking stall for each classroom.
Assisted care facility	One parking space for every four beds.
Library	One parking space for every 500 square feet of gross floor area.
Lodges and meeting halls (no fixed seating)	One parking space for every five persons, based on the maximum capacity of the building.
Institutional use or performance facility (with fixed seating)	One parking space for every five seats or ten feet of bench seat or pew space.
Industrial/warehousing	One parking space for every employee of the largest work shift.
Self-service storage	One parking space per employee of the largest work shift; and plus parking space for each 200 storage units, one per 3,000 square feet of exterior storage.
Outdoor recreation facility	One parking stall per three patrons expected at capacity/Golf course: 1 spaces per hole.
Indoor recreation	One parking stall per three patrons based on maximum capacity or building capacity.
Indoor athletic facility	One parking stall per 100 square feet of floor area.

(3) Additional standards.

(a) For all existing and new permitted commercial uses located in the downtown commercial area, as identified by the Byron Comprehensive Plan, no off-street parking shall be required.

(b) Residential uses located on the same lot as the principal commercial use in a commercial district shall be required to have one off-street parking space for each dwelling unit.

(c) A proportion of the total spaces in a parking lot may be designed and marked for small car use according to the following:

Total Spaces Required	Maximum percentage of spaces for small cars
5-99	30%
100 or more	40%

(4) Buffers or screening shall be required for all parking areas used by commercial or industrial uses that are adjacent to or abutting a residential district as specified in § 152.085 Buffering and Screening.

(B) Joint parking requirements. Two or more uses may provide required off-street parking spaces in a common parking facility where the total number of spaces provided is less than the sum of the total required for each use if the following conditions are satisfactorily met:

(1) The proposed joint parking space is within 500 feet of the use it will serve.

(2) The applicant shall demonstrate that there is not substantial conflict in the principal operating hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed.

(3) A properly drawn legal instrument approved by the City Council and executed by the parties concerned for shared use of off-street parking facilities shall be filed with the City Clerk. Said instrument may be a three party agreement, including the city and all private parties involved. Such instrument shall first be approved by the City Attorney.

(C) Proof of parking requirements. The city may allow reductions in the number of required parking spaces to be installed via an interim use permit if the following conditions are met:

(1) Applicant has demonstrated that the unique characteristics of the proposed use are such that it will generate a need for less parking than the ordinance standard.

(2) All requests for reductions in the amount of required parking to be installed shall be accompanied by a plan showing where the total amount of parking spaces required by this chapter can be added on the lot, if necessary, without requiring a variance.

(D) Off-street loading. Off-street loading requirements as specified below shall be provided.

(1) Dimensions and locations. Each loading space shall not be less than 10 feet in width and 25 feet in length and shall be on the same lot as the principal use it serves. Such space may occupy all or any part of any required side or rear yard, except the space shall not be located in the side yard along the side street in the case of a corner lot. In no event shall any part of a required front yard be occupied by such loading space. Each loading space shall have adequate space for standing, loading, and unloading services in order to avoid any interference with public use of the roads or alleys or sidewalks.

(2) Table 152.7 Loading Requirements.

Use	Loading Spaces
Multiple unit residential (buildings with 20 or more dwelling units)	One loading space.
Motels and hotels	Under 20,000 square feet in floor area shall require one loading space: over 20,000 square feet, one additional loading space.
Schools	One loading space.
Assisted care facility	One loading space for each 20 beds.
Servicing, merchandising, leisure uses, and office uses	For any building of over 5,000 square feet in gross floor area, one loading space.
Industrial or warehousing	Under 10,000 square feet of gross floor area shall require one loading space: over 10,000 square feet shall require one additional loading space per each 20.000 square feet of gross floor area.

(Ord. 2023-02, passed 5-9-23)

§ 152.083 COMMON ELEMENTS.

(A) Common open space ownership. At the time of development review, the city shall require dedication of common open space and may obtain such open space, if the city determines that a public purpose will be served by providing open space within the area of the city. Common open space shall remain in private ownership unless the City Council determines that it is in the best interest of the city to obtain the open space and make it available to the public.

(B) Ownership and maintenance of common improvements.

(1) All developments involving common open space area and other common improvements shall meet the requirements herein set forth, and no development application shall be approved until compliance with this section is established.

(2) The applicant or developer shall provide for and establish a non-profit organization or other legal entity under the laws of Minnesota for the ownership, care, and maintenance of common landscaped areas, recreational areas, private streets, parking lots, or other commonly owned facilities.

(3) Such organization shall be created by covenants and restrictions running with the land and shall be composed of all persons having ownership within the development. Such organization shall be responsible for the perpetuation, maintenance, and function of all common lands, uses, and facilities.

(4) If the common areas are deeded to a homeowner's association, the proposed documents governing the association shall be filed with the Zoning Administrator. Such documents shall meet the following requirements:

(a) The homeowner's association must be established before any residences are sold;

(b) Membership in the association must be mandatory for each residence owner;

(d) The homeowner's association must be made responsible for liability insurance, taxes, and maintenance of recreational and other facilities;

(e) The association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities;

(f) The governing board of any such association shall consist of at least three members who shall be owners of property in the development.

(5) All lands and improvements shall be described and identified as to location, size, use, and control in a restrictive covenant, and such covenant shall set forth the method of assessment for the maintenance of such land.

(6) Such restrictive covenant and organization shall continue in effect so as to control the availability of the facilities and land thereby provided to maintain the land and facilities for their intended function on and to protect the development from additional and unplanned densities of use. Such organization shall not be dissolved nor shall such organization dispose of any common open space, unless that land is dedicated to the city.

(7) In the event the organization established to own and maintain common open spaces, recreational areas, communally owned facilities, and private streets, or any successor organization shall at any time fail to maintain the common facilities in responsible order and condition in accordance with the approved plan, the City Council may cause written notice to be served upon such organization or upon the owners of property in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable condition. Such notice shall include the demand that the deficiencies noted be cured within 30 days thereafter and shall state the date and place of a hearing to be held within 14 days of the notice. At the time of hearing, the City Council may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City Council, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of six months. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before expiration of such six months, the City Council shall, upon its own initiative, or upon the written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the development. At such hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the city should not be continued for a succeeding six months. If the City Council determines that it is not necessary for the city to continue such maintenance, the city shall cease such maintenance at the time established by the City Council. Otherwise, the city shall continue maintenance for the next succeeding six months subject to a similar hearing and determination at the end of each six months thereafter. The cost of maintenance by the city shall be a lien against the common facilities of the development and the private properties within the development. The City Council shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against the property. The city may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection of general property taxes.

(Ord. 2023-02, passed 5-9-23)

§ 152.084 FENCES, WALLS, AND HEDGES.

A fence, wall, column, peer, post, or any similar type structure, or any combination of such structures, may be permitted in the required yards of the various districts, subject to the following requirements:

(A) It shall be the responsibility of the property owner to locate all property lines;

(B) No fence, hedge, or wall may extend beyond or across a property line unless in joint agreement with the abutting property owner;

(D) Fences and walls shall not exceed seven feet in height above the elevation of the surface of the ground at any point, except:

(1) That in instances where public safety or security necessitate, the Zoning Administrator may authorize fences and walls to have a maximum height of not to exceed 10 feet above the elevation of the surface of the ground at any point. Fences of this height are required to obtain a building permit and certification from the City Engineer;

(2) Where the grade of buildings on adjacent lots is greater than that of buildings on the applicant's lot, the fence may exceed the height limitations, but in no case shall it exceed the grade of the adjacent building by more than five feet;

(3) Where used for private open space requirements in cluster or planned residential development; or

(E) Fences, walls, and hedges shall not interfere with solar energy access to existing solar energy systems located on adjacent lots.

(Ord. 2023-02, passed 5-9-23)

§ 152.085 BUFFERING AND SCREENING.

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

(B) Required buffering and screening. All buffering and screening required by this chapter shall conform to the regulations set forth in this section of this chapter. Buffering and screening that conforms to the requirements of this section shall be required as specified in the table set forth below or provisions (D)(1) through (4). The applicant proposing the new land use, rezoning, or major structural change or expansion shall be responsible for meeting the requirements of this section of this chapter.

(1) The table set forth in this section specifies the buffering and screening that shall be required. For each property boundary, the applicant shall determine the adjacent zoning district(s). Then, the applicant shall match the proposed land use, whether the land is vacant or there is an existing use that is proposing a major structural change or expansion or rezoning with the identified adjacent zoning district(s) in the table below. The letter indicates the buffer class. After determining the buffer class from the table, the applicant shall select a planting option from the table set forth in provision (E) of this section.

(2) A major structural change or expansion, for the purposes of this section, shall be considered to be an expansion of the existing building floor area or land area used by 40% or more.

Table 152.8 Buffering and Screening Required.

Adjacent Zoning
Proposed Land Use: Rezoning, Major Structural Changes, Expansion	Agricultural	Low/Mixed		Commercial	Industrial
		Low Density Residential	High Density Residential	(Downtown Other)	(Other, Downtown)
Agricultural	-	-	-	-	-
Low/Mixed Low Density Residential	-	-	B	A	C
High Density Residential	-	B	-	A	C
Commercial
Downtown	-	A	A	-	A
Other	-	B	B	-	A
Industrial
Other	-	D	D	-	-
Downtown	-	A	A	-	-

(3) Where a street or alley is located between the proposed and adjacent land uses, the required Class (A-D) shall be reduced to the next less restrictive class, such as from Class C to Class B, except industrial uses which shall be required to use the same classes as indicated on the table above.

(D) Special planning option requirements.

(1) Buffering and screening shall be required to be located along the perimeter of all parking areas of nonresidential uses located in residential districts. The buffering and screening planting option required shall be Class B.

(2) Buffering and screening shall be required around the perimeter of parking areas serving dwelling uses with three or more units located in the Mixed Low Density Residential (R-2) District. The buffering and screening planting required shall be one deciduous canopy tree per 40 feet and one understory tree per 40 feet or a hedge planted on three-foot centers and meeting all other requirements of this section.

(3) Low- or High-Density Residential uses proposed for development adjacent to arterial streets, as designated in the Byron Comprehensive Plan or railroad right-of-way shall be required to provide buffering and screening to the level specified in planting options, Class B.

(4) Where a railroad right-of-way is located between the proposed industrial/commercial and adjacent residential uses/zoning, no buffer or screening shall be required adjacent to the railroad right-of- way.

(E) Planting options.

(1) The options below indicate the amount of plant material and fencing that is required. Unless specified, plantings are not required to be aligned on property or right-of-way boundaries, but may be sited in any required yard on the property for buffering and screening purposes. The Planning Commission and City Council may permit staggering or grouping of plant materials if a satisfactory buffer is achieved. Determination of the total number of plants shall be made by dividing the dimensions of the area where buffering and screening is required by the specification of the tables set forth in this section.

Table 152.9 Planting Options

Class	Option
A	10 feet wide with one hedgerow on lot line (plants on 3-foot centers) and one canopy tree per 50 feet.
A	7 feet wide with 6-foot-high fencing on lot line and one canopy tree per 50 feet.
B	10 feet wide with one deciduous canopy tree per 50 feet and one shrub per 4 feet.
	15 feet wide with one deciduous canopy tree per 40 feet and one understory tree per 40 feet.
	20 feet wide with one deciduous canopy tree per 40 feet and one understory tree per 50 feet.
	20 feet wide with one deciduous canopy tree per 40 feet and one coniferous tree per 80 feet.
C	10 feet wide with one canopy tree per 40 feet, one understory tree per 20 feet, one shrub per 15 feet and 6-foot-high fencing on lot line.
	15 feet wide with one deciduous canopy tree per 40 feet, one coniferous canopy tree per 40 feet, one understory tree per 30 feet and one shrub per 20 feet.
	20 feet wide with one deciduous canopy tree per 40 feet, one coniferous canopy tree per 50 feet, one understory tree per 40 feet and one shrub per 30 feet.
	25 feet wide with one deciduous canopy tree per 40 feet, one coniferous canopy tree per 60 feet and one understory tree per 40 feet.
D	25 feet wide with one deciduous canopy tree per 60 feet, one coniferous tree per 40 feet, one understory tree per 50 feet and one hedge on boundary (hedge plants on 3-foot centers).
	25 feet wide with one deciduous canopy tree per 60 feet, one coniferous canopy tree per 30 feet and one berm averaging 4 feet in height.
	30 feet wide with one deciduous canopy tree per 60 feet, one coniferous canopy tree per 50 feet and one understory tree per 30 feet.
	20 feet wide with one deciduous canopy tree per 40 feet, one coniferous tree per 30 feet, one understory tree per 40 feet and one coniferous shrub per 10 feet or one deciduous shrub per 5 feet.
	10 feet wide with one deciduous canopy tree per 40 feet, one coniferous canopy tree per 40 feet, one understory tree per 30 feet, one shrub per 10 feet and 6-foot-high fencing on lot line.

(2) All shrubs shall be planted in groupings of shrubs or shrubs and understory trees. Shrubs may be coniferous or deciduous unless otherwise specified.

(3) Fencing shall be visually solid and constructed of weather resistant materials kept in good repair and permanently anchored in the ground.

(F) General requirements.

(1) All existing deciduous and coniferous trees larger than two inches in diameter, six inches above ground level, and/or six feet in height may be considered to contribute to the required buffering and screening. Where the amount of existing plant material of that size or greater equals or contributes to the required number of plants under the appropriate class, an equivalent reduction may be taken in the number and type of required plants. In all cases, existing plant material of the above diameter and height shall be preserved in any buffer yard, except where clearance is required to ensure adequate sight distance. Any removal shall, where feasible, involve relocation rather than clearing.

(2) The buffer yard may be coterminous with required front, side, or rear yards, and in case of conflict, the larger yard requirements shall apply.

(3) All buffering and screening areas shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass in conformance with existing regulations.

(4) No structure, manufacturing, or processing activity or storage of materials shall be permitted in the buffering and screening areas; however, parking of passenger automobiles shall be permitted in the portion of the buffering and screening area exclusive of the exterior 15 feet adjacent to the lot line.

(5) The buffering and screening areas shall be located on the outer perimeter of the lot, extending to the property line, except when there exists a utility easement, in which case the buffering and screening area shall be measured from the inner boundary of the utility easement. No buffer yard shall be located on any portion of an existing or dedicated public or private street right-of-way.

(6) Plant materials:

(a) By this chapter, canopy trees (deciduous or coniferous) shall be considered to be trees that when full-grown will attain a height of over 30 feet in height; understory trees shall be considered to be trees that when full-grown attain a height of between ten and 30 feet; shrubs shall be considered to be woody perennial plants that when full-grown attain a height of between three and 15 feet.

(b) Minimum size:

Canopy tree	Deciduous	1½ 11 – 1¾ 11 in diameter
Canopy tree	Coniferous	6 – 8 feet in height
Understory tree		1½ 11 – 1¾ 11 in diameter
Shrub	Deciduous and coniferous	2 – 4 feet in height

(c) Plant materials shall be permanently maintained and any plant material which does not live shall be replaced within one year. All plant material shall be native to Minnesota or have been known to be able to survive and grow in the southeast Minnesota climate. All planting material shall meet the standards of the American Association of Nurserymen.

(d) It is encouraged that plant materials in buffering and screening areas be planted in natural clusters that will give privacy but will not block views or vistas. The exception shall be commercial or industrial uses bordering residential uses. Here a dense, visual screen is encouraged.

(e) Prior to the issuance of any zoning permit, complete plans showing the arrangement of all buffering and screening areas; the placement, species and size of all plant materials; and the placement, size, materials and type of all fences to be placed in such buffering and screening areas shall be reviewed by the Zoning Administrator to ascertain that the plans are in conformance with the terms of this chapter.

(Ord. 2023-02, passed 5-9-23)

§ 152.086 SOIL EROSION AND SEDIMENTATION CONTROL.

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

ERODIBLE SLOPE. All slopes with inclines in excess of 4%.

EROSION includes both the detachment and transport of soil particles.

LARGE FLAT SURFACE AREA (UNPAVED). An area which is flat or whose slope is less than 4% and which consists of more than 1,000 square feet of exposed soil.

SEDIMENTATION. The sending out of the soil particles which are transported by water and wind. Sedimentation occurs when the velocity of water or wind in which soil particles are suspended is slowed to a sufficient degree and for a sufficient period of time to allow the particles to settle out of suspension or when the degree of slope is lessened to achieve the same result.

SOIL EROSION. Any removal and/or loss of soil by the action of water, ice, gravity or wind.

(B) Erosion control policies. Any conditional use permit or other application requiring site plan approval and subdivision plats shall prepare a soil erosion plan addressing the following policies. Such plan shall be approved by the City Engineer as a condition to site plan approval.

(1) The smallest practical area of land shall be exposed at any given time during development.

(2) Such minimum area exposure shall be kept to as short a duration of time as is practicable.

(3) If at all practicable, temporary vegetation, mulching, or other cover shall be used to protect

areas exposed during development.

(4) Provision shall be made to effectively accommodate the increased surface water runoff caused by changed soil and surface conditions during and after development on upstream and downstream flooding, surface water runoff volumes, and soil erosion and sedimentation, such that there is no significant increase thereof.

(5) Permanent, final plant covering or structures shall be installed as soon as possible.

(6) The plan of development shall relate to the topography and soils of the site so that the lowest potential for erosion is created.

(7) Natural plant covering shall be retained and protected and shall be deemed a dominating factor in developing the site.