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

(Prior Code, § 11-16-1) (Ord. 258, passed 5-4-2006)

   (A)   Except as may be expressly allowed by this chapter, no garage, tent, accessory building or motor home shall at any time be used as living quarters, temporarily or permanently. Tents, playhouses or similar structures may be used for play or recreational purposes.

   (B)   Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling provided it meets the State Building Code.

(Prior Code, § 11-16-2) (Ord. 258, passed 5-4-2006)

   (A)   Any person desiring to improve property shall submit to the Building Official a certificate of survey of the premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city ordinances.

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

   (C)   Except in the case of a PUD District established by §§ 152.150 through 152.153 of this chapter or as specifically allowed and stated in a respective zoning district, not more than one principal building shall be located on a lot. The words PRINCIPAL BUILDING shall be given their common, ordinary meaning as defined in § 152.021 of this chapter. In case of doubt or on any questions or interpretation, the decision of the Zoning Administrator shall be final, subject to the right to appeal to the Board of Adjustment and Appeals.

   (D)   On a through lot, both street lines shall be front lot lines for applying the yard setback regulations of this chapter except in the case of a buffer yard fence or accessory building. In addition, no home on a through lot or corner lot in any residential zone shall be allowed direct access to any major collector or arterial street designated as that by the city's Transportation Plan, except as may be permitted by the city.

   (E)   In the case of properties which abut street easements, applicable setbacks shall be measured from the easement line and shall be related to roadway classification as identified in the City Transportation Plan and subdivision regulations.

   (F)   Outlots are deemed unbuildable and no building permit shall be issued for those properties, except in the case of public park facilities and essential services.

   (G)   Except as may be allowed by conditional use permit and property subdivision, each lot shall have frontage and access directly onto an abutting, improved and city accepted public street.

(Prior Code, § 11-16-3) (Ord. 258, passed 5-4-2006)

   (A)   State Pollution Control Agency (MPCA) requirements. Every applicant for a building permit, subdivision approval or a grading permit to allow land disturbing activities shall adhere to erosion control measure standards and specifications contained in the MPCA publication Protecting Water Quality in Urban Areas, as may be amended, or as approved by the City Engineer and applicable city's stormwater management requirements. All applications shall comply with the State Pollution Control Agency's National Pollutant Discharge Elimination System (NPDES) Phase II requirements.

   (B)   Prohibited development. No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion or deposit of sediment on adjacent properties. The runoff shall be properly channeled into a storm drain, watercourse, ponding area or other public facilities subject to the review and approval of the City Engineer.

   (C)   Stormwater management. All residential, commercial, industrial and institutional developments shall satisfy the provisions of the subdivision regulations in regard to stormwater management.

   (D)   City Engineer approval. In the case of all single-family lots, multiple-family lots, business, industrial and institutional developments, the drainage and erosion control plans shall be subject to the City Engineer's written approval. No modification in grade and drainage flow through fill, cuts, erection of retaining walls or other actions shall be permitted until the plans have been reviewed and received written approval from the City Engineer.

   (E)   Approval of erosion control measures. Proposed erosion control measures may be approved by the City Engineer as part of grading plan review. Erosion control may be specified by the City Engineer as part of a site survey for individual building permits. Erosion control measures may also be specified by the City Engineer as needed and deemed appropriate during the construction and post-construction periods separate from the above.

   (F)   Storm sewer inlets. All storm sewer inlets which are functioning during construction shall be protected so that sediment laden water does not enter the conveyance system without first being filtered or otherwise treated to remove sediment.

   (G)   Stormwater channels. All on-site stormwater conveyance channels shall be designed and constructed to withstand the design volume of stormwater with appropriate stabilization to prevent scour and erosion. Erosion controls shall be provided at the outlets of all storm sewer pipes.

   (H)   Sediment control practices. All temporary and permanent erosion and sediment control practices shall be maintained and repaired whenever necessary to assure the continued performance of their intended function.

   (I)   Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday.

   (J)   Seeding. All disturbed ground left inactive for seven or more days shall be stabilized by seeding or sodding or by mulching or covering or other equivalent control measure.

   (K)   Sites over one acre. For sites with more than one acre disturbed at one time, or if a channel originates in the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least 1% of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.

   (L)   Sites under one acre. For sites with less than one acre disturbed at one time, silt fences, straw bales or equivalent control measures shall be placed along all side slope and down slope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences, straw bales or equivalent control measures must include a maintenance and inspection schedule.

   (M)   Removal. All temporary erosion control devices including silt fence, gravel, hay bales or other measures shall be removed from the construction site and properly disposed of or recycled. This removal and disposal shall occur within 30 days of the establishment of permanent vegetative cover on the disturbed area.

   (N)   Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, up flow chambers, hydro-cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels of a wetland. All dewatering shall be in accordance with all applicable county, state and federal rules and regulations.

   (O)   Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system.

   (P)   Foundation, garage floor. Unless approved by the City Engineer, the top of the foundation and garage floor of all structures shall be at least 18 inches above the grade of the crown of the street. Elevations shall be in accordance with the approved grading plan for the development.

   (Q)   Stop work order. The city's Building Official or City Engineer may issue stop work orders for any violation of this chapter.

(Prior Code, § 11-16-4) (Ord. 258, passed 5-4-2006)

   (A)   Delineation report. Every applicant for a grading permit to allow wetland disturbing activities shall submit a wetland delineation report to the City Engineer. No grading permit to allow wetland disturbing activities shall be issued until approval of the wetland replacement plan application or a certificate of exemption has been obtained in strict conformance with the provisions of this chapter and the State Wetland Conservation Act being Minn. Rules 8420.0100 et seq. This chapter applies to all land, public or private, located within the city.

   (B)   Impacts. Utilization and development impacts to wetlands shall be consistent with the stormwater management policies of the city.

   (C)   Impacts to wetland.

      (1)   Concentrated runoff discharge into wetlands shall be consistent with the stormwater management policies of the city. All stormwater shall be treated for water quality improvements prior to discharge to a wetland.

      (2)   A protective buffer strip of natural vegetation of 30 feet in width from the delineated edge at the time of development shall surround all wetlands within areas developed or redeveloped after the effective date of this chapter. Grading or construction within this buffer is prohibited.

      (3)   A building setback of 30 feet shall exist from the delineated edge of all wetlands at the time of development within areas developed or redeveloped after the effective date of this chapter.

      (4)   Wetlands shall not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value in accordance with the State Wetland Conservation Act being Minn. Rules 8420.0100 et seq. Replacement shall be guided by the following principles in descending order of priority:

         (a)   Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland;

         (b)   Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;

         (c)   Rectifying the impact by repairing, rehabilitating or restoring the affected wetland environment;

         (d)   Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and

         (e)   Compensating for the impact by replacing or providing approved substitute wetland resources or environments.

(Prior Code, § 11-16-5) (Ord. 258, passed 5-4-2006)

   (A)   Encroachment. There shall be no encroachments in the public right-of-way with the exception of the following:

      (1)   USPS mail boxes;

      (2)   Essential services;

      (3)   Signs allowed under §§ 152.350 through 152.359 of this chapter;

      (4)   Radio receivers and transmitters as an accessory use to essential services; and

      (5)   Personal wireless communication antennas located on existing lattice electrical transmission towers, provided that the use and equipment comply with all applicable requirements of this chapter.

   (B)   Liability. As a condition of approval for the erection or placement of a structure in the public right-of-way or on city property, the applicant shall be required to demonstrate a significant need for the structure placement and that it will not interfere or conflict with the public use and/or purpose of the right-of-way. Additionally, the applicant shall sign a contract with the city that holds harmless the city for any potential liability and expense if it needs to be moved or removed by the city and must demonstrate to the Zoning Administrator proof of adequate liability insurance.

   (C)   Compliance required. The erection and/or placement of any structure in the public right-of-way on city property shall be done in conformance with the provisions of this chapter.

(Prior Code, § 11-16-6) (Ord. 258, passed 5-4-2006)

   Except for a governmental agency for the purpose of screening, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be placed on or extend into a yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibility from any street or driveway shall be unobstructed above a height of three feet, measured from where both street or driveway centerlines intersect within the triangle described as beginning at the intersection of the projected curb line of two intersecting streets or drives, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning along the other curb line. The exception to this requirement shall be where there is a tree, planting or landscape arrangement within the area that will not create a total obstruction wider than three feet. These requirements shall not apply to conditions of this chapter that legally exist prior to the effective date of this chapter, unless the City Council determines that the conditions constitute a safety hazard.

(Prior Code, § 11-16-7) (Ord. 258, passed 5-4-2006)

   (A)   Purpose. It is the purpose of this section to encourage the use of lighting systems that will reduce light pollution and promote energy conservation while increasing night-time safety, utility, security and productivity.

   (B)   Exemptions. The provisions of this section shall not apply to the following:

      (1)   Temporary outdoor lighting used during customary holiday seasons;

      (2)   Temporary outdoor lighting used for civic celebrations and promotions;

      (3)   Lighting required by a government agency for the safe operation of airplanes or security lighting required on government buildings or structures;

      (4)   Emergency lighting by police, fire and rescue authorities;

      (5)   Architectural/historical light fixtures and street lights that feature globes that are not shielded. In no case shall the light affect adjacent property in excess of the maximum intensity defined in division (C)(1) below of this chapter; and

      (6)   All outdoor lighting fixtures existing and legally installed prior to the effective date of this chapter are exempt from regulations of this section but shall comply with the following standards:

         (a)   Glare. Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from flood lights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so 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 or combination of lights which cast 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 four-tenths foot candles (meter reading) as measured from the property.

         (b)   Replacement. Whenever a light fixture that was existing on the effective date of this chapter is replaced by a new outdoor light fixture, the provisions of this section shall be complied with.

   (C)   Performance standards.

      (1)   Limitation. No light source or combination thereof which cast light on a public street shall exceed one foot candle meter reading as measured from the centerline of the street nor shall any light source or combination thereof which cast light on adjacent property exceed four-tenths foot candles as measured at the property line.

      (2)   Measurement. The foot candle level of a light source shall be taken after dark with the light meter held six inches above the ground with the meter facing the light source. A reading shall be taken with the light source on, then with the light source off. The difference between the two readings will be identified as the light intensity.

      (3)   Residential district standards. In all residential districts, any lighting used to illuminate an off-street parking area, structure or area shall be arranged as to deflect light away from any adjoining residential property or from any public right-of-way in accordance with the following provisions.

         (a)   The light source shall be hooded or controlled so as not to light adjacent property in excess of the maximum intensity defined in division (C)(1) above of this chapter.

         (b)   Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way, unless part of a permanent fixture.

      (4)   Commercial, industrial and institutional districts. Any lighting used to illuminate an off-street parking area, structure or area shall be arranged so as to deflect light away from any adjoining property or from any public right-of-way in accordance with the following provisions.

         (a)   Shielding. The light fixture shall contain a cutoff which directs the light at an angle of 90 degrees or less. Exposure of the light source shall not be permitted in view of adjacent property or public right-of-way.

         (b)   Lighting of entire facades or architectural features. Lighting of entire facades or architectural features of a building shall be approved by the City Council. Building facades or architectural features may not be internally illuminated and shall only utilize illuminating devices mounted on top and facing downward onto the structure. In no case shall the light affect adjacent property in excess of the maximum intensity defined in division (C)(1) above of this chapter.

         (c)   Intensity. Light sources shall not be permitted so as to light adjacent property in excess of the maximum intensity defined in division (C)(1) above of this chapter.

      (5)   Height. The maximum height above the ground grade permitted for poles, fixtures and light sources mounted on a pole is 25 feet. A light source mounted on a building shall not exceed the height of the building. Exceptions to the height limits for light sources may be approved by conditional use permit provided that all other requirements of this section are complied with.

      (6)   Location.

         (a)   All non-public outdoor light fixtures shall be set back a minimum of ten feet from a street right-of-way and five feet from an interior side or rear lot line.

         (b)   No light sources shall be located on the roof unless the light enhances the architectural features of the building and is approved by the City Council.

      (7)   Glare. Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property.

      (8)   Outdoor recreation. Outdoor recreational uses such as, but not limited to, baseball fields, football fields and tennis courts have special requirements for night-time lighting. Due to these unique circumstances, a conditional use permit shall be required for outdoor lighting systems for those uses that do not comply with regulations of this section, provided that:

         (a)   No public or private outdoor recreation facility shall be illuminated after 11:00 p.m., except for required security lighting;

         (b)   Off-street parking areas for outdoor recreation uses that are illuminated shall meet the requirements for commercial, industrial and institutional applications as found in division (C)(4) above of this chapter; and

         (c)   The provisions of § 152.072 of this chapter are considered and satisfactorily met.

      (9)   Outdoor signs.

         (a)   Outdoor signs constructed of translucent materials and wholly illuminated from within do not require shielding.

         (b)   All shall comply with all other provisions of this chapter.

(Prior Code, § 11-16-8) (Ord. 258, passed 5-4-2006)

   The emission of smoke by any use shall be in compliance with and regulated by the State Pollution Control Standards, Minn. Regulations APC 7017 and similar regulations as may be amended from time to time.

(Prior Code, § 11-16-9) (Ord. 258, passed 5-4-2006)

   The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State Pollution Control Standards, Minn. Regulations APC 7011 and similar regulations as may be amended from time to time.

(Prior Code, § 11-16-10) (Ord. 258, passed 5-4-2006)

   The emission of air pollution, including potentially hazardous emissions, by any use shall be in compliance with and regulated by M.S. § 116, as it may be amended from time to time.

(Prior Code, § 11-16-11) (Ord. 258, passed 5-4-2006)

   Noises emanating from any use shall be in compliance with and regulated by the State Pollution Control Standards, Minn. Regulations NCP 7030. In no case shall noise emanations constitute a nuisance as defined and regulated by this code.

(Prior Code, § 11-16-12) (Ord. 258, passed 5-4-2006)

   All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with county, state and federal agency requirements and have documents from those respective agencies stating the use is in compliance.

(Prior Code, § 11-16-13) (Ord. 258, passed 5-4-2006)

   (A)   Waste disposal. All waste generated shall be disposed in a manner consistent with all State Pollution Control Agency rules.

   (B)   Waste not stored in containers. Any accumulation of waste generated on any premises not stored in containers which comply with applicable requirements of this chapter and State Pollution Control Agency rules, or any accumulation of mixed municipal solid waste generated on any premises which has remained thereon for more than one week, or any accumulation of infectious, nuclear, pathological or hazardous waste which is not stored and disposed in a manner consistent with State Pollution Control Agency rules is a nuisance and shall be abated and the cost of abatement may be assessed against the property where the nuisance is found.

   (C)   Off-site waste. The accumulation, storage, processing and disposal of waste on any premises, which is not generated on that premises, is prohibited, except as specifically provided in this chapter.

   (D)   Abandoned, unlicensed or inoperable vehicles. Passenger automobiles and trucks not currently licensed by the state, or which are because of mechanical deficiency incapable of movement under their own power, parked or stored outside for a period in excess of 30 days and all materials stored outside in violation of city code provisions are considered refuse or junk and shall be abated in the manner provided for by § 152.043 of this chapter.

   (E)   Location and screening.

      (1)   Single-family dwellings, duplexes and all other residential structures with four or less residential units. Garbage cans and recycling bins shall be kept in rear or side yards and shall be screened from neighboring properties and the public right-of-way or shall be kept indoors.

      (2)   Other uses. All refuse, recyclable materials and necessary handling equipment including, but not limited to, garbage cans, recycling bins and dumpsters shall be stored within the principal structure, within an accessory building or totally screened from eye-level view from all neighboring uses and the public right-of-way.

      (3)   Exterior storage. Exterior storage shall require the following.

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

         (b)   The enclosed trash and/or recycling receptacle area shall be located in the rear or side yard and shall observe all applicable setback requirements and easements.

         (c)   The trash and/or recycling enclosure shall be in an accessible location for pick up hauling vehicles.

         (d)   The trash and/or recycling receptacles shall be fully screened from view of adjacent properties and the public right-of-way by a fence or wall of at least six feet in height and a minimum opaqueness of 80%.

         (e)   All dumpsters, recycling bins, handling equipment and enclosures shall be kept in a good state of repair with tight-fitting lids to prevent spilling and spread of debris. The construction of trash and recycling enclosures shall be per standards established by the City Building Official and all design and construction of the enclosures shall be subject to the Building Official's approval.

(Prior Code, § 11-16-14) (Ord. 258, passed 5-4-2006)

   (A)   District requirements. Except as herein provided or as specifically allowed within the specific zoning districts established by § 152.445 through 152.448 of this chapter, all materials and equipment shall be stored within a building.

   (B)   Exceptions.

      (1)   Clothes line pole and wires and play equipment;

      (2)   Recreational vehicles and utility vehicle and trailer storage provided the following standards are met.

         (a)   No more than two recreational vehicles or trailers may be parked or stored outdoors.

         (b)   The vehicles are registered to or rented by a resident of the dwelling on the site.

            1.   The vehicles have affixed thereto current registration or license plates as required by law.

            2.   The vehicles are stored no closer than five feet from side and rear lot lines.

            3.   The vehicles shall be stored on asphalt or concrete surface.

         (c)   The recreational vehicle or equipment shall be set back a minimum of 15 feet from the edge of any public street.

         (d)   No vehicle shall be parked in a manner that blocks a city or county trail or sidewalk.

         (e)   The vehicles are not connected to any electrical, water or sewage disposal system on the residential property where the same is so parked or stored.

         (f)   The vehicle shall not be stored or parked on a public street for a period longer than 24 hours.

         (g)   Unless mounted on a trailer, or equipped with wheels, ice fishing houses or other structures used or designed to be used as temporary shelters shall be subject to the area, setback and other provisions of this chapter.

      (3)   Construction and landscaping material currently being used on the premises; and

      (4)   Off-street parking of motor vehicles as specified in the respective zoning districts.

   (C)   Vehicle/equipment sales.

      (1)   Residential districts.

         (a)   Personal vehicles, recreational vehicles, farm machinery and equipment and similar merchandise offered for sale in residential zoning districts shall comply with the following.

            1.   The merchandise sold in residential areas shall be the personal property of the occupant.

            2.   Merchandise items for sale shall not be parked in any portion of the public right-of-way, public boulevard or required front yard except a designated, improved driveway.

         (b)   Garage or rummage sales conducted in residential zones shall comply with the following.

            1.   Merchandise offered for sale shall be the personal property of the property owner.

            2.   Sales shall be limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property.

            3.   Signs shall be governed by §§ 152.350 through 152.359 of this chapter.

      (2)   Nonresidential districts. Motor, commercial and recreational vehicles shall not be displayed "for sale" or sold within nonresidential districts unless as part of an approved licensed sales dealership or for short-term parking (12 hours or less) if the vehicle is owned by an employee of the business where the vehicle is parked with the consent of the business owner.

(Prior Code, § 11-16-15) (Ord. 258, passed 5-4-2006)