Any structure or use existing upon the effective date of the adoption of this chapter and which does not conform to the provisions of the chapter may be continued for a certain period of time subject to the following conditions.

(A)

No use shall be expanded or enlarged except in conformity with the provisions of this chapter.

(B)

If a nonconforming use is discontinued for a period of one year, further use of the structures or property shall conform to this chapter.

(C)

If a nonconforming structure is destroyed by any cause, to an extent exceeding 50 percent of its fair market value, a future structure on the site shall conform to this chapter.

(D)

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

(Ord. 164, passed 9-14-1982)

(A)

The performance standards established in this section are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible. The performance standards are designed to prevent and eliminate those conditions that cause blight or are detrimental to environment. All future development in all districts shall be required to meet these standards and the standards shall also apply to existing development where so stated.

(B)

Before any building permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to the performance standards. The developer or landowners shall supply data necessary to demonstrate the conformance. The data may include a description of equipment to be used, hours of operation, method of refuse disposal and type and location of exterior storage.

(Ord. 164, passed 9-14-1982)

(A)

Solar energy systems and solar structures shall be a permitted use in all districts, except commercial provided the system is in compliance with minimum lot requirements and setbacks.

(B)

Solar energy systems and solar structures may be exempted from setback, height and lot coverage restrictions in residential districts by conditional use.

(C)

Solar energy systems and solar structures shall be permitted in commercial districts by conditional use permit.

(D)

(1)

In a residential zone, no owner, occupier or person in control of property shall allow vegetation or structures to be placed or grow so as to cast a shadow on a solar energy system which is greater than the shadow cast by a hypothetical wall ten feet high located along the boundary line of the property between the hours of 9:30 a.m. and 2:30 p.m. Central Standard Time on December 21; provided, however, this standard shall not apply to vegetation or structure which has cast a shadow upon the solar energy system at the time of installation of the solar energy system or to vegetation existing at the time of installation of the solar energy system.

(2)

Violation of this standard shall constitute a private nuisance and any owner or occupant whose solar energy system is shaded because of the violation, so that performance of the system is impaired, may have in tort for the damages sustained thereby and may have the nuisance abated.

(E)

As a means of evidencing existing conditions, the owner of a solar energy system may file notarized photographs of the effected area with the city prior to installation of the system.

(Ord. 164, passed 9-14-1982)

(A)

In residential districts, all materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following in good order: laundry drying and recreational equipment, construction and landscaping materials and equipment currently being used on the premises, agriculture equipment and materials, if these are used or intended for use on the premises, off-street parking of passenger automobiles and pick-up trucks and fire wood. Boats and unoccupied trailers, less than 25 feet in length, are permissible. Existing uses shall comply with this provision within 12 months following enactment of this chapter.

(B)

In all new districts, the city may require a conditional use permit for any exterior storage if it is demonstrated that the storage is a hazard to the public health and safety or has a depreciating effect upon nearby property values, impairs scenic views or constitutes a threat to living amenities.

(Ord. 164, passed 9-14-1982)

(A)

(1)

In all districts, all waste material, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for the purposes, with the exception of crop residue.

(2)

The owner of vacant land shall be responsible for keeping the land free of refuse. Existing uses shall comply with this provision within six months following enactment of this chapter.

(B)

(1)

Passenger vehicles and trucks in an inoperative state shall not be parked in residential districts for a period exceeding seven days. "Inoperative" shall mean incapable of movement under their own power and in need of repairs.

(2)

All exterior storage material not included as a permitted use, accessory use, conditional use or otherwise permitted by provisions of this chapter, shall be considered as refuse.

(Ord. 164, passed 9-14-1982)

Any use shall be so operated so as not to discharge across the boundaries of the lot or through percolation into the atmosphere of the subsoil beyond the boundaries of the lot wherein the use is located, toxic or noxious matter in the concentration as to be detrimental to or damage to property, business or the environment.

(Ord. 164, passed 9-14-1982)

(A)

Any use shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public.

(B)

For the purpose of this chapter, the regulations and standards adopted by the State Pollution Control Agency shall be employed.

(Ord. 164, passed 9-14-1982)

(A)

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

(B)

The following are declared to be nuisances affecting public health or safety:

(1)

The effluence from any cesspool, septic tank, drain field or human sewage disposal system, discharging upon the surface of the ground, or dumping the contents thereof at any place, except as authorized;

(2)

The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances;

(3)

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

(4)

Hazardous waste.

(Ord. 164, passed 9-14-1982)

(A)

Screening shall be required in residential zones where any off-street parking area contains more than four parking spaces and is within 30 feet of an adjoining residential zone and where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential use or zone.

(B)

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

(C)

The screening required in this section may consist of a fence, trees, shrubs and berms, but shall not extend within 15 feet of any street or driveway. The screening shall be placed along property lines or in case of screening along a street, 20 feet from the street right-of-way with landscaping between the screening and pavement. Planting of a type approved by the City Council may also be required in addition to or in lieu of fencing.

(Ord. 164, passed 9-14-1982)

(A)

(1)

For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Fence. Any partition, structure, wall or gate erected within the required yard.

(2)

All boundary line fences shall be entirely located upon the property of the person, firm or corporation constructing, or causing the construction, of the fence unless the owner of the property adjoining agrees, in writing, that the fence may be erected on the division line of the respective properties. The Zoning Administrator may require any applicant wishing to construct a fence to establish the boundary lines of this property by a survey thereof to be made by any registered land surveyor.

(3)

Fences shall not exceed six feet in height in residential districts or eight feet in height in commercial-industrial districts. Fences higher than these shall require a conditional use permit.

(B)

The use of barbed wire as a fencing material on fences erected and maintained in the city is prohibited except barbed wire may be used:

(1)

In agricultural districts, except on boundaries between agricultural and other districts;

(2)

On aprons only of security type fences enclosing public municipal facilities; and

(3)

On aprons only of security type fences in industrial districts.

(Ord. 164, passed 9-14-1982; Am. Ord. 172, passed 4-22-1985)

Cross reference— Penalty, see § 153.999

In all districts where setbacks exist or are required, all developed uses shall provide a landscaped yard including grass, decorative stones and/or shrubs and trees, along all streets. This yard shall be kept clear of all structures, storage and off-street parking, except for driveways, the yard shall extend along the entire frontage of the lot, and along both streets in the case of a corner lot, the yard shall have a depth of at least ten feet. In all districts, all structures and areas requiring landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

(Ord. 164, passed 9-14-1982)

Cross reference— Penalty, see § 153.999

In all districts, any artificial lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light away from an adjoining residential zone or from the public streets. Direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of light shall be hooded or controlled in some manner, as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light combination of lights which casts light on a public street shall not exceed one-foot candle (meter reading), as measured from the centerline of the street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 candles (meter reading), as measured from the property.

(Ord. 164, passed 9-14-1982)

All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall require a conditional use permit in order that the City Council may have assurance that fire, explosion or water or soil contamination hazards are not present, that would be detrimental to the public health, safety and general welfare. All existing, above-ground liquid storage tanks having a capacity in excess of 10,000 gallons shall secure a conditional use permit within 24 months following enactment of this chapter. The City Council may require the development of diking around the tanks. Diking shall be suitable and shall hold a leakage capacity equal to 115 percent of the tank capacity. The City Council may require pressure testing of storage tanks on a periodic basis. Any existing storage tank that, in the opinion of the City Council, constitutes a hazard to the public safety shall discontinue operations within five years or a shorter period if so determined by the City Council, following enactment of this chapter.

(Ord. 164, passed 9-14-1982)

No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare, dust or other adverse influences shall be permitted in any district that will in any way have an objectionable effect upon adjacent or nearby property. All wastes in all districts shall be disposed of in a manner that is not dangerous to public health and safety nor will damage public waste transmission or disposal facilities.

(Ord. 164, passed 9-14-1982)

Cross reference— Penalty, see § 153.999

The following shall be considered as permitted encroachments on setback and height requirements, except as provided in this chapter.

(A)

In any yard: posts, off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flag poles, ornamental features, open fire escapes, sidewalks and fences and all other similar devices incidental and appurtenant to the principal structure, except as hereinafter amended.

(B)

Decks, patios and the like are also exempted from the rear yard setback requirements, except that these may not be located closer than 20 feet from the property line.

(Ord. 164, passed 9-14-1982; Am. Ord. 208, passed 4-9-2001)

No basement, garage, tent, trailer or accessory building shall be used as a permanent dwelling. The basement portion of a finished home or apartment may be used for normal eating and sleeping purposes, provided it is properly damp-proofed, has suitable fire protection and exits and is otherwise approved by the Building Inspector.

(Ord. 164, passed 9-14-1982)

Cross reference— Penalty, see § 153.999

(A)

The traffic generated by any use shall be channeled and controlled in a manner that will avoid:

(1)

Congestion on the public streets;

(2)

Traffic hazards; and

(3)

Excessive traffic through residential areas, particularly truck traffic.

(B)

(1)

Internal traffic shall be so regulated as to ensure its safe and orderly flow.

(2)

Traffic into and out of business areas shall, to the extent possible, be forward moving with no backing into streets.

(3)

On corner lots, including rural areas, nothing shall be placed or allowed to grow with the exception of seasonal crops in a manner as materially to impede vision between a height of two and one- half and ten feet above the centerline grades of the intersecting streets to a distance such that a clear line of vision is possible of the intersecting street.

(Ord. 164, passed 9-14-1982)

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

(Ord. 164, passed 9-14-1982)

(A)

Access drives may not be placed closer than five feet to any side or rear lot line. The number and types of access drives onto major streets may be controlled and limited in the interests of public safety and efficient traffic flow.

(B)

Access drives onto county roads shall determine the appropriate location, size and design of the access drives and may limit the number of access drives in the interest of public safety and efficient traffic-flow.

(C)

(1)

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

(2)

The Zoning Administrator shall review all access drives standards. All driveways shall have a minimum width of ten feet with a road strength capable of supporting emergency and fire vehicles.

(D)

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

(Ord. 164, passed 9-14-1982)

The provisions of Minn. Rules Chapter 7080, Individual Sewage Treatment Systems, as they may be amended from time to time, are hereby adopted by reference.

(Ord. 164, passed 9-14-1982)

(A)

All farms in existence upon the effective date of this chapter within the city limits shall be a permitted use where the operator can conduct a farming operation. However, all regulations contained in these performances standards shall apply to all changes of the farming operation which will cause all or part of the area to become more intensively used or more urban in character. Any structure exceeding $500 in value to be erected on a farm shall require a building permit and conform to all requirements of the building code.

(B)

The City Council may require any farm operator to secure a conditional use permit to expand or intensify the operations in the event of the following:

(1)

The farm is adjacent to, or within 400 feet of any dwelling unit and may be detrimental to living conditions by creating safety hazards or by emitting noise, odor, vibrations or similar nuisances;

(2)

The farming operations are so intensive as to constitute an industrial type use consisting of the compounding, processing and packaging of products for wholesale or retail trade.

(Ord. 164, passed 9-14-1982)