Center City City Zoning Code

CHAPTER 205

GENERAL PERFORMANCE STANDARDS

§ 205.01 PURPOSE.

The purpose of this chapter 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.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.02 DWELLING UNIT RESTRICTION.

(A) Except as may be expressly allowed by this title, 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) By an interim use permit, subject to the requirements of Chapter 197 (Interim Uses) of this title, in all zoning districts “self-contained motor homes,” as defined by Minnesota statutes, buildings, tents, or other structures temporarily maintained by an individual or company may be used as temporary living quarters for construction workers working on the same site, provided:

(1) The construction site is at least two and one-half acres in size.

(2) The construction project does not include the construction of single-family homes.

(3) No more than 5 self-contained motor homes, buildings, tents, or other structures are used per site.

(4) Self-contained motor homes, buildings, tents, or other structures do not remain on the property more than 120 days at a time.

(5) There are no more than 4 occupants per unit.

(6) Such self-contained motor homes, buildings, tents, or other structures shall be removed within 30 days from the completion of the work project.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.03 PLATTED AND UNPLATTED PROPERTY.

(A) Any person desiring to improve property shall submit to the Zoning Administrator a certificate of survey of said premises according to § 199.05 (Information Requirement) and any other information which may be necessary to ensure conformance to city ordinances.

(B) All buildings 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 planned unit development as provided for in Chapter 217 (PUD Planned Unit Developments) of this title 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 § 191.02 (Definitions) of this title. 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 title 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 such by the comprehensive plan, except as may be permitted by the City Engineer.

(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 Center City Comprehensive Plan, transportation plan, and subdivision ordinance.

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

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.04 ENCROACHMENT OF EASEMENTS.

(A) Purpose. The purpose of this section is to increase public safety by requiring that proposed structures, plantings, fences, and similar items be set back from pipeline and drainage and utility easements.

(B) Applicability. This section applies to all developments, projects, or permits.

(C) Setback. Buildings and places of public assembly subject to this section shall not be constructed closer to the pipeline than the boundary of the pipeline easement. Structures shall not be placed or constructed in utility or drainage easements.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.05 ESSENTIAL SERVICES.

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

(B) Application. This section shall not apply to overhead electric transmission lines and substations greater than 100kV or radio and wireless communication systems and facilities, which are governed by Chapter 214 (Towers, Antennas, and Telecommunications Facilities) of this title.

(1) All telephone lines, pipelines, and structures for local distribution, underground electric transmission lines, and overhead electric transmission lines and substations less than 33kV, when installed in any public right-of-way in any zoning district, shall require an administrative permit approved by the Zoning Administrator and subject to review and comment of the City Engineer.

(2) All telephone lines, pipelines, and structures for local distribution, underground electric transmission lines, and overhead electric transmission lines less than 33kV, which are intended to serve more than one parcel and are proposed to be installed at locations other than in public right-of-way, shall require an administrative permit issued by the Zoning Administrator after approval by the City Engineer. Approval by the City Engineer shall be based upon the information furnished in the following procedural requirements:

(a) Prior to the installation of any of the previous essential services, the owner of such service shall file with the Zoning Administrator all maps and other pertinent information as deemed necessary for the City Engineer to review the proposed project.

(b) The Zoning Administrator shall transmit the map and accompanying information to the City Engineer for review and approval regarding the project’s relationship to the comprehensive plan and/or ordinances and parts thereof.

(c) The City Engineer shall report in writing to the Zoning Administrator its findings as to the compliance of the proposed project with the comprehensive plan and ordinances of the city.

(d) In considering applications for the placement of essential services, as regulated in this section, the City Engineer shall consider the effect of the proposed project upon the health, safety, and general welfare of the city, as existing and as anticipated; and the effect of the proposed project upon the Comprehensive Plan.

(e) Upon receiving the approval of the City Engineer, the Zoning Administrator shall issue an administrative permit for the installation and operation of the applicant’s essential services. If the City Engineer’s report recommends the denial of said permit causing the Zoning Administrator to deny its issuance, the applicant may appeal said decision to the Board of Adjustments and Appeals under the rules and procedures as set forth in Chapter 195 (Appeals) of this title.

(D) Conditional use permit required. All transmission pipelines (i.e., pipelines not required for local distributing network), and overhead transmission and substation lines in excess of 33kV and up to 100kV shall be a conditional use in all districts subject to the procedural requirements and standards stipulated in this section and Chapter 196 (Conditional Use Permits) of this title.

(E) Performance standards. Essential services shall be subject to the following:

(1) All distribution lines shall be underground.

(2) Outdoor storage of materials or equipment shall be prohibited.

(3) All poles and similar type structures shall be placed in the public right-of-way or utility easement unless approved as an interim use permit subject to Chapter 197 (Interim Use Permits) of this title.

(4) All facilities shall be landscaped and screened to the extent practical and applicable pursuant to Chapter 212 (General Yard, Lot Area, and Building Requirements) of this title.

(5) The size and number of accessory buildings, which are governed by Chapter 209 (Accessory Buildings, Structures, and Uses) of this title, are to be minimized to the extent possible and are to house only equipment directly related to the operation of the facility in question.

(6) The architectural appearance of all structures and buildings shall be in harmony with the primary uses within the vicinity of the site.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.06 PUBLIC PROPERTY AND RIGHTS-OF-WAY.

(A) Coverage. The erection and/or placement of any structure in the public right-of-way or on city property by any person, or group other than the City of Center City, Chisago County, the State of Minnesota, federal government or franchised utility shall require the processing of a conditional use permit in accordance with Chapter 196 (Conditional Use Permits) of this title. Exceptions to this provision include newsstands, USPS mail boxes, essential services, signs allowed under Chapter 207 (Signs) of this title, radio receivers and transmitters as an accessory use to essential services, and personal wireless communication antennas located on existing lattice electrical transmission towers, provided that the use and equipment comply with all applicable requirements of this title.

(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 by any party other than those specified above, the applicant shall be required to demonstrate a significant need for such 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 shall 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 or on city property shall be done in conformance with the provisions of the City Code.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.07 LAND EXCAVATION AND MINING.

The purpose of this section is to ensure consistency with and conformance to the provisions established by the City Code for activities involving land filling, excavation, grading and/or mining, as may be allowed by this title. No person shall within the city fill, excavate, dig, or grade the surface of the earth nor open any pits or excavated areas in the earth nor do any other acts where it will raise or lower the average grade of any land except as provided for in and in conformance with the City Code. All applications for land filling, excavation, and grading shall require a conditional use permit while mining shall require an interim use permit.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.08 WETLANDS.

(A) Wetland application. Every applicant for a grading permit to allow wetland disturbing activities must submit a report to the Zoning Administer and 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 title and the Minnesota wetland conservation act. This section applies to all land, public or private, located within the city.

(B) Impacts to wetland.

(1) Protective buffer. A protective buffer of natural vegetation shall surround all wetlands within areas developed or redeveloped after June 7, 2011, in accordance with the following provisions:

(a) Minimum width. The buffer shall have a minimum width of 25 feet from the delineated edge of the wetland at the time of development.

(b) Average width. The width of the buffer may be averaged provided that a minimum buffer width of 15 feet is maintained.

(c) Public trails and sidewalks. Public trails and sidewalks that are a maximum of 10 feet in width can be included within the buffer provided the minimum width is maintained.

(d) Conservation easement. The wetland and required buffer may be platted as an outlot if established as part of a subdivision application and deeded to the city. If the wetland and required wetland buffer is not platted as an outlot, all subdivision applications as well as all other applications, shall require dedication and recording with the County Recorders office a conservation easement in favor of the city over the wetland and required wetland buffer.

(e) Exception. Property owned by the City of Center City shall be exempt from establishing an outlot or conservation easement for required buffer areas.

(2) Building setback.

(a) For properties developed or redeveloped after June 7, 2011, a building setback of 10 feet for a side yard and 20 feet for a rear yard shall be provided from the delineated edge of all required wetland buffers at the time of development.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.09 EROSION AND DRAINAGE.

(A) Permit applicants. No person or political subdivision shall commence a land disturbing activity or create new impervious surface without first obtaining a permit from the city that incorporates and approves a storm water pollution prevention plan (SWPPP) for the activity, development or redevelopment. For sites disturbing less than one acre, an erosion and sediment control plan may be submitted as part of the building permit application.

(B) Development not permitted. No land shall be developed and no use shall be permitted that will result in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties. Such 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) Standards. Erosion and sediment controls shall meet the standards for the general permit authorization to discharge stormwater associated with construction activity under the national pollutant discharge elimination system/state disposal system permit program permit MN R100001 (NPDES general construction permit) issued by the Minnesota Pollution Control Agency, as amended. Final stabilization of the site must be completed in accordance with NPDES general construction permit requirements.

(D) 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 satisfy the provisions of the subdivision ordinance in regard to storm water management and 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 such actions shall be permitted until such 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 and sediment control measures shall be consistent with best management practices (BMP’s) for erosion and sedimentation control as specified in the “Minnesota Stormwater Manual” (MPCA, 2005), as amended, and shall be sufficient to retain sediment on-site. 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) Sediment control practices. All temporary erosion and sediment controls shall be installed on all down gradient perimeters before commencing the land disturbing activity, and left in place and maintained as needed until removed per city approval after the site had been stabilized. Property and streets adjacent to the site of a land disturbance shall be protected from sediment deposition. All permanent erosion control measures shall be installed, maintained, repaired if needed and operational per the design and as required by the city to assure the continued performance of their intended function.

(G) 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.

(H) Stormwater channels. All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. Erosion controls must be provided at the outlets of all storm sewer pipes.

(I) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, 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. Minnesota Department of Natural Resources regulations regarding appropriate permits shall also be strictly adhered to.

(J) Sites more than 1 acre not graded. If the activity creates more than 1 acre of disturbed area, and the activity is taking place on a site where soils are currently disturbed (e.g., a tilled agricultural site that is being developed), areas that will not be graded as part of the development and areas that will not be stabilized according to the time frames specified in the NPDES general construction permit part IV.B.S, shall be seeded with a temporary or permanent cover before commencing the proposed land disturbing activity.

(K) Seeding. All disturbed ground left inactive for 7 or more days shall be stabilized by seeding or sodding or by mulching or covering or other equivalent control measure.

(L) Removal. All temporary erosion and sediment 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 must occur within 30 days of the establishment of permanent vegetative cover or final site stabilization is achieved on the disturbed area.

(M) 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.

(N) Tracking. Each site shall have rock construction entrance, 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 or more often if necessary to maintain the road in safe driving condition.

(O) 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.

(P) Stop work order. The Zoning Administrator, City’s Building Official, or City Engineer may issue stop work orders for any violation of this title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.10 TRAFFIC SITE VISIBILITY TRIANGLE.

Except as may be approved by the Zoning Administrator, and 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 3 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 2 intersecting streets or drives, thence 45 feet along one curb line, thence diagonally to a point 45 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 such area that will not create a total obstruction wider than 3 feet. These requirements shall not apply to conditions of this title that legally exist prior to June 7, 2011, unless the Zoning Administrator determines that such conditions constitute a safety hazard.

§ 205.11 EXTERIOR LIGHTING.

Exterior use of lighting systems shall conform to the following provisions to reduce light pollution:

(A) Intensity.

(1) The cumulative light cast by all lights on the property shall not exceed 115 foot-candles at ground level measured at any point on the property.

(2) No light source or combination thereof which casts light on a public street shall exceed one foot-candle meter reading as measured at the right-of-way or property line.

(B) Commercial, industrial, and institutional uses. 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.

(1) Shielding.

(a) The light fixture shall contain a cutoff which directs the light at an angle of 90 degrees or less.

(b) For light fixtures located within 30 feet of residential zoned property, additional shielding shall be required on the property line side of the fixture below the 90 degree cutoff to direct light away from the residential property.

(c) Lighting of entire facades of a building shall only utilize illuminating devices mounted on top and facing downward onto the structure.

(d) The following shall be exempt from the shielding requirements established by divisions (B)(1)(a) through (B)(1)(c) of this section.

1. Internally illuminated signs and signs with electronic displays as may be allowed by Chapter 207 (Signs) of this title.

2. Light fixtures used to illuminate outdoor recreation areas subject to approval of an interim use permit.

(2) Searchlights. The use of searchlights, with incandescent lights only, shall require an administrative permit and shall be limited to not more than 2 events per calendar year. During any 1 event, the use of searchlights shall be limited to 5 days consecutively and shall only be used during business hours.

(1) The maximum height above the ground grade permitted for poles, fixtures, and light sources mounted on a pole shall be 35 feet.

(2) A light source mounted on a building shall not exceed the height of the building.

(D) Location. Except for building mounted fixtures within the B-1 Downtown Business District, all outdoor light sources shall be set back a minimum of 10 feet from a public right-of-way and 5 feet from an interior side or rear lot line.

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

(F) Exceptions. The provisions of this section shall not apply to the following:

(1) Temporary outdoor lighting used during customary holiday seasons or civic celebrations.

(2) Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings, structures, facilities, or public right-of-way.

(3) Emergency lighting by police, fire, and rescue authorities.

(4) Illumination of United States, Minnesota, or other flags with noncommercial speech.

(5) Public parks, trails, and recreational facilities.

(G) Prohibitions. The following outdoor lights are prohibited.

(1) Laser, strobe, or flashing lights.

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

(H) Light on adjacent property. Any lighting used to illuminate an off-street parking area, sign, or other structures 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 floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The sources 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. Except for public streetlights, any light or combination of lights which cast light on a public street shall not exceed 1 foot candle (meter reading) as measured from the property line of said street. Any light or combination of lights which cast light on residential property shall not exceed 1 foot candle (meter reading) as measured from said property.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.12 EMISSIONS, NOISE, ODORS, SMOKE, AIR POLLUTION, DUST AND OTHER PARTICULATE MATTER, AND WASTE.

(A) Emissions.

(1) Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency.

(2) Electrical emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission and Minnesota Public Utilities Commission.

(B) Noise. Noises emanated from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation NPC 7030.

(C) Odors. The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC, as amended.

(D) Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota pollution control standards, Minnesota Regulation APC 7017.

(E) Air pollution. The emission of air pollution, including potentially hazardous emissions, by any use shall be in compliance with and regulated by M.S. Chapter 116, as may be amended.

(F) Dust and other particulate matter. The emission of dust, fly ash, or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations APC 7011.

(G) Waste.

(1) All waste generated shall be disposed in a manner consistent with all Minnesota Pollution Control Agency rules.

(2) Any accumulation of waste generated on any premises not stored in containers which comply with the City Code and Minnesota 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 Minnesota Pollution Control Agency rules is a nuisance and may be abated and the cost of abatement may be assessed against the property where the nuisance is found.

(3) 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 title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.13 OUTDOOR STORAGE AND REFUSE.

(A) Purpose. The purpose of this section is to provide standards for allowing outdoor storage of materials, equipment, and vehicles as may be allowed within the respective zoning districts such that the activity can maintain compatibly with surrounding uses and properties.

(B) Outdoor storage. Except as herein provided or as specifically allowed within the specific zoning districts established by § 218.01 (Establishment of Districts) of this title (excluding farm properties), all materials, equipment, rubbish, junk, or miscellaneous refuse shall be stored within a building and shall not be stored or kept in the open, when the same is construed by the City Council to be a menace or nuisance to the public health, safety, or general welfare of the city, or to have a depressing influence upon property values in the area.

(1) Exceptions.

(a) Clothesline pole and wires and play equipment.

(b) Not more than 4 total licensed and operable recreational or power sports vehicles and equipment, RV’s and trailers which are used for hauling/storing recreational/power sport vehicles that are 22 feet in length or less, boats, snowmobiles, seasonal automobiles, etc.), may be parked or stored on property outside a building as follows:

1. In the front yard, provided they are kept on an established driveway, entirely on the equipment or vehicle owner’s property. Recreational vehicles may not be parked or stored on public property or street right-of-way.

2. In the side yard abutting an attached or detached garage provided recreational vehicles and equipment are not closer than 5 feet from the side lot line unless properly screened.

3. In the rear yard not closer than 10 feet from the rear lot line, 5 feet from the side lot lines, and not within drainage and utility easements.

4. On a corner lot not closer than 20 feet from the property line abutting the side street and not within drainage and utility easements.

5. Each vehicle stored on an open trailer shall be counted as 1 item. In addition each open or enclosed trailer shall count as 1 vehicle or item.

(d) Off-street parking of currently registered and operable motor vehicles as specified in the respective zoning districts.

(e) Lawn furniture or furniture used and constructed explicitly for outdoor use.

(f) Rear or side yard exterior storage of firewood for the purpose of consumption only by the person(s) on whose property it is stored.

(g) Swing sets and children’s playhouses, provided they are stored or located in the side or rear yard.

(h) Flag poles.

(i) Landscaping. Environmental and ornamental landscaping and lawn and garden decor.

(j) Portable sporting equipment such as basketball hoops.

(k) Other items typically found in yards and approved by the City Council.

(l) Within the I-1 Light Industrial District semi-tractor trailers used for normal freight and cartage in transit for up to 120 consecutive days per calendar year.

(2) Accessory use. Outdoor storage within the I-1 Light Industrial and POS Public and Open Space zoning districts shall be an allowed accessory use under the following conditions:

(a) The outdoor storage area occupies space other than a required front yard area or side yard area on a corner lot adjacent to the right-of-way.

(b) The outdoor storage area shall be fenced, screened, and/or landscaped from view of neighboring residential uses, abutting residential districts and the public right-of-way according to a plan in compliance with § 213.04 (Required Screening and Landscaping) of this title and subject to the approval of the Zoning Administrator.

(c) The outdoor storage area is surfaced with asphalt, concrete, or pavers with perimeter concrete curb, unless the City Engineer exempts all or portions of the curb for stormwater management purposes.

(d) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with § 205.11 (Exterior Lighting) of this title.

(e) The outdoor storage area shall not encroach upon required parking space or required loading space as required by Chapter 210 (Off-Street Parking) and Chapter 211 (Off-Street Loading) of this title.

(f) The property stored shall not include any waste, except as provided in § 205.12 (Emissions, Noise, Odors, Smoke, Air Pollution, Dust and Other Particulate Matter, and Waste) of this title.

(g) The outdoor storage area shall not encroach into the required rear yard or side yard setback area if abutting a residential district.

(3) Waste and recycling receptacles. In all districts, all waste and recycling materials shall be stored within an approved receptacle. All enclosures and receptacles shall be kept in a good state of repair and receptacles shall include secure tops or covers to properly contain the waste.

(1) Vehicles “For Sale.”

(a) Residential District. Subject to the provisions of § 209.07(A) (Sales in Residential Areas (Accessory Use)) of this title, motor vehicles and recreational vehicles which are permitted within the respective residential district may be advertised for sale and sold provided the vehicle is owned by the resident where the vehicle is parked and the vehicle is currently licensed, operable and parked entirely on a driveway. Vehicles shall not be parked or stored on public property or rights-of-way. At no time shall any commercial vehicle be parked within a residential district and advertised for sale.

(b) Nonresidential District. 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 said business where the vehicle is parked with the consent of the business owner.

(2) Commercial vehicles in Residential Districts. No commercial vehicle or equipment shall be parked or stored in a residential district except when loading, unloading, or rendering a service as allowed by Chapter 210 (Off-Street Parking) of this title.

(3) Junked and dismantled vehicles. All unlicensed, unregistered, or inoperable motor vehicles, household furnishings or appliances, or parts thereof, may not be stored on any property, public or private, unless housed within a lawfully erected building.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.14 BULK STORAGE (LIQUID).

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.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.15 MOVING OF BUILDINGS.

(A) Conditions and procedures. No building or structure larger than 120 square feet shall be hereafter moved into and/or within the city limits except under the following conditions:

(1) Any person desiring to move buildings or structures into and/or within the limits of the city shall first apply for a building permit and shall at the time of the making of such application pay to the city a fee. Fees shall be as set forth in the city fee schedule.

(2) The building or structure must be so constructed as to be in compliance with all of the building and operating codes and ordinances of the city in effect at the time of the issuance of the permit, and must be in good repair and condition.

(3) At the time of the filing of the application for a building permit to move any building and/or structure, as herein contemplated, the applicant shall file with the building official, the age, type of construction, height, accurate outside measurements, photographs of the structure, the number of rooms and descriptions thereof (e.g., living room, dining room, kitchen, bedroom, etc.), number of baths, etc., of the structure proposed to be moved, the route used to move the structure and the address of the location where the building or structure may be personally inspected by the City Building Official or his designated representative. After such inspection, if, in the opinion of the Building Official, the building or structure does not meet the conditions as outlined in § 205.15(A)(2) (Moving of Buildings) of this title, the Building Official shall refuse to issue the permit; provided however, that if the building or structure, in the opinion of the Building Official, can be remodeled, altered and/or reconditioned so as to comply with all the requirements of the City Building Code, then the Building Official may issue a permit conditioned on the requirements as set forth by the Building Official’s inspection. When such permit is issued, it shall be a further requirement that the applicant shall at the time of the issuance of said permit, sign a statement acknowledging acceptance of said conditions and, further, shall post cash escrow, a irrevocable letter of credit or other financial instrument which provides equivalent assurance to the city and which is approved by the Zoning Administrator, according to Chapter 202 (Site Performance Agreement), in favor of the city, guaranteeing compliance with said conditions. All permits shall be for the duration of one year from date of issuance. Any moving, remodeling, alteration, or reconditioning of any building or structure must be completed within that period.

(4) A building permit, such as is required under the City Building Code for any other construction in the city, and the payment of fees therefore shall be required in addition to the permit to move the building and/or structure(s) into or within the limits of the city.

(B) Variances. Variances may be granted by the City Council. Application for a variance must follow the procedures as set forth in Chapter 194 (Variances) of this title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.16 MODEL HOMES.

(A) Purpose. The purpose of this section is to provide for the erection of model homes, which may include temporary real estate offices in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance. As model homes represent a unique temporary commercial use, special consideration must be given to the peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their environment.

(B) Qualification. To qualify for a building permit for a model home, which may include a temporary real estate office, the following shall be required:

(1) Upon receipt of final plat approval and recording, one building permit per subdivision may be granted. No final certificate of occupancy shall be issued until the infrastructure improvements including the first lift of asphalt have been completed and approved by the city.

(2) Upon completion of infrastructure improvements including the first lift of asphalt within the respective final plat subdivision, additional building permits may be issued for model homes and/or temporary real estate offices, provided that the number of model homes and/or temporary real estate offices shall not exceed 10% of the lots within the final plat.

(C) Procedure. The erection of a model home(s) within all residential districts, which may include a temporary real estate office(s), shall require an administrative permit, as may be issued by the Zoning Administrator.

(D) Special requirements.

(1) Model homes and model homes with temporary real estate offices shall be allowed in all residential zoning districts in which they are located and shall be utilized solely for selling purposes of lots and/or homes within the subdivision in which it is located.

(2) Temporary off-street parking facilities equal to 3 paved spaces per model home dwelling unit or a model home with a temporary real estate office shall be provided. The head-in parking area on the driveway for the model home may be used to satisfy the off-street parking requirement provided that the stalls are not in a tandem arrangement and no portion of the stall encroaches into the public right-of-way. The overall design, drainage, and surfacing of the temporary off-street parking facility shall be subject to the approval of the Zoning Administrator or City Engineer.

(3) Access from a temporary parking facility shall be directed away from developed and occupied residential neighborhoods to the greatest extent possible.

(4) No model home or model home with a temporary real estate office shall incorporate outside lighting which creates a nuisance due to glare or intensity, as provided for in § 205.11 (Exterior Lighting) of this title.

(5) All signage shall comply with the sign regulations as contained in Chapter 207 (Signs) of this title for the zoning district in which the model home and/or temporary real estate office is located.

(6) The administrative permit shall terminate 3 years from its date of issuance or when 85% of the development is completed, whichever comes first, unless extended by the Zoning Administrator.

(7) No residential certificate of occupancy shall be issued for a model home or model home with a temporary real estate office until such time as the structure has been fully converted to a residence in compliance with the adopted building code. Additionally, such conversion shall include, but not be limited to, parking lot restoration and the removal of signage and lighting.

(8) The restoration of all temporary parking areas with appropriate landscaping shall be completed by the end of the following growing season.

(E) Restricted use. Model homes and model homes with temporary real estate offices shall be used solely for the display and sale of home fixtures and products, and real estate for the subdivision in which they are located unless approved by the Zoning Administrator through an administrative permit.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.17 TEMPORARY STRUCTURES.

(A) Purpose. The purpose of this section is to provide for the erection of temporary structures (not including model homes and temporary real estate offices or temporary classroom structures for use by a public or private institution) needed for emergency purposes or for temporary use during the construction of a permanent structure.

(B) Procedure. The erection of a temporary structure shall require an administrative permit, as may be issued by the Zoning Administrator, except as otherwise provided by this title.

(1) Structures. Temporary structures governed by this section shall be allowed in all zoning districts.

(2) Site plan required. No administrative permit shall be issued for a temporary structure unless a site plan pursuant to Chapter 199 (Site Plan Review) of this title has also been approved if applicable, or unless a building permit has been issued for a new structure, addition, or remodeling of an existing structure on the property.

(3) Termination of permit. The administrative permit shall terminate 9 months from its date of issuance, or within 30 days after a certificate of occupancy has been issued by the Building Official for the permanent structure, whichever occurs first, unless a different time schedule is approved as part of the permit. The permit may be extended for an additional 90 days by the Zoning Administrator if needed.

(4) Setback. Temporary structures may be placed in a required building setback area, provided that no such structure may be placed within 30 feet of a public right-of-way or obstruct the traffic site visibility triangle as described in § 205.10 (Traffic Site Visibility Triangle) of this title at any street intersection or driveway access.

(5) State Building Code. All applicable requirements of the State Building Code shall be met.

(6) Water and sewer. Provisions for water and sewer servicing the temporary structures shall be subject to the review and approval of the City Engineer and/or Building Official.

(7) Security measures. Security measures such as lighting shall be implemented in compliance with § 205.11 (Lighting and Glare) of this title subject to the review and approval of the Zoning Administrator.

(8) Parking. Subject to the provisions of Chapter 210 (Off-Street Parking) of this title.

(9) Signage. Subject to the provisions of Chapter 207 (Signs) of this title.

(D) Temporary storage containers. Placement of temporary storage containers/pods shall be allowed under this chapter for emergency purposes, temporary use during the construction or remodeling of a permanent structure or while a property is changing ownership, subject to the preceding provision of this chapter.

(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2018-02-08A, passed 2-8-2018)

§ 205.18 SWIMMING POOL PROTECTION.

(A) Approval by the Zoning Administrator or their designee in accordance with § 198.03 (Non-Permit Approvals) of this title shall be required for swimming pools having a depth of 24 inches at any point and a surface area exceeding 150 square feet.

(B) Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:

(1) The proposed location of the pool and its relationship to the principal building on the lot.

(2) The size of the pool.

(3) Fencing and other fixtures existing and proposed on the lot, including utility location and trees.

(4) The location, size, and types of equipment to be used in connection with the pool, including, but not limited to, filter unit, pump fencing, and the pool itself.

(5) That the requirements contained in § 205.18(B) and (C) (Swimming Pool Protection) of this title will be satisfied including submission and approval of a site plan according to the requirements of Chapter 199 (Site Plan Review).

(C) All swimming pools for which a permit is required and granted shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening, or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at least 4 feet in height. The bottoms of the fences shall not be more than 4 inches from the ground nor shall any open space in the fence be more than 4 inches. Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. The fencing requirements of § 205.18 (Swimming Pool Protection) need only be provided around the means of access on aboveground pools which have 4 feet high, vertical or outward inclined side walls. Prior to filling the pool, the approved fence and/or screen must be completely in place and inspected and approved by the City Building Official.

(D) In all residential districts, swimming pools and any attached or functionally related deck that is more than 30 inches above grade shall be set back 10 feet from all adjoining lots and, except for fences and pump enclosures, shall be located at least 10 feet away from any other building or structure on the same lot and shall not be located within a drainage or utility easement or required buffer yard. Swimming pools shall not be located beneath utility lines or over underground utility lines of any type. Swimming pools shall not be permitted in a front yard or in the area between the street right-of-way and the minimum required building side yard setback line.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.19 KEEPING OF ANIMALS.

(A) Purpose. The purpose of this section is to provide standards for the keeping of animals in association with various allowed uses in a manner compatible with surrounding uses and consistent with the health, safety, and general welfare of the community.

(B) Keeping animals. The following animals may be kept in the city:

(1) The keeping of domestic animals (house pets) is a permitted accessory use in all zoning districts.

(2) The keeping of horses is a permitted accessory use in the A-1 Agricultural District and the RR Rural Residential District provided:

(a) The minimum lot size is two and one-half acres.

(b) The number of horses does not exceed one per acre unless a higher number is granted by the issuance of a conditional use permit.

(3) The keeping of farm animals in numbers or conditions not defined as an “animal feedlot” is an allowed activity on all farm property. Farm animals may not be confined in a pen, feedlot, or building within 100 feet of any residential dwelling not owned or leased by the farmer. Uses defined as animal feedlots shall be regulated by § 205.19(C) (Keeping of Animals) of this title.

(4) With the exception of the keeping of animals allowed by divisions (1), (2), and (3) of this section, no other animals are allowed except by interim use permit as regulated under the provisions of Chapter 197 (Interim Use Permits) of this title.

(5) Animals may only be kept as a kennel defined by this title or otherwise for commercial purposes if authorized in the zoning district in which the animals are located.

(6) Animals may not be kept if they cause a nuisance or endanger the health or safety of the community.

(7) Animal enclosures shall be subject to the accessory structure requirements of § 209.05(E) (Single Family Attached and Detached Accessory Uses) of this title.

(8) The keeping of chickens shall be allowed only subject to and in accordance with § 93.15 of this code.

(1) The purpose of this section is to provide for the operation of animal feedlots within the city as to:

(a) Prohibit establishment of new animal feedlots or expansion of existing animal feedlots to levels not compatible with the existing or planned character of the city.

(b) Allow for continuance of existing animal feedlots at present intensities.

(c) Provide regulations that can be applied in an equitable manner to promote best farm management practices, protect valuable ground and surface water resources, minimize environmental effects, and protect human and animal health, safety, and welfare.

(2) Feedlots prohibited.

(a) No new animal feedlots shall be established within the city after the effective date of this title June 7, 2011.

(b) No animal feedlot established prior to the effective date of this title June 7, 2011, shall be allowed to expand its operations beyond its permitted level on the effective date of this title June 7, 2011, subject to § 205.19(C)(3) (Keeping of Animals) of this title.

(c) No farm property or other property allowed to keep farm animals with 10 animal units or less established prior the effective date of this title June 7, 2011, shall expand to more than 10 animal units.

(3) Nonconforming use. Animal feedlots established prior to the effective date of this title June 7, 2011, may continue operations as legal nonconforming uses as allowed by § 204.03 (nonconforming structures or uses) of this title. For the purposes of interpreting expansion of a nonconforming use applicable only to this section, only those activities or actions that result or may result in an increase in the number of animal units that an animal feedlot is capable of holding or an increase in the capacity of a manure storage area shall be considered to be an expansion of the use and are prohibited.

(4) Performance standards.

(a) Setbacks.

1. The following setbacks shall be required for all manure storage facilities, stockpiles, and application in addition to the requirements of the zoning district in which the use is located:

Category	Animal Building	Manure Storage/Stockpile	Manure Application
Public lake	1,000 feet	1,000 feet	1,000 feet
Public river or stream, public or private ditch	300 feet	300 feet	300 feet
Wells serving the public, schools or childcare centers	200 feet	200 feet	200 feet
Private wells	100 feet	100 feet	100 feet
Public street	300 feet	300 feet	300 feet
Residence other than owned by the feedlot owner/operator	100 feet	100 feet	100 feet
Wetland	75 feet	75 feet	75 feet

2. Within the A-1 Agricultural District, no new residential dwelling shall be constructed within 1,000 feet of an existing animal feedlot except dwellings constructed as a principal residence on the same parcel and under the same ownership of the owner of the animal feedlot.

3. The separation distances established between an animal feedlot and the categories of uses established by § 205.19(C)(4)(a)1. and 2. (Keeping of Animals) of this title shall be measured from the perimeter of the animal feedlot, manure storage facility or stockpile, or land application to the nearest structure or boundary of the referenced category.

(b) Manure storage and handling.

1. Storage. The owner of an animal feedlot shall have an annual analysis of the water within the perimeter tile of the storage facility prepared by a certified testing laboratory and subject to approval of the City Engineer.

2. Transportation. All vehicles used to transport manure on public rights-of-way shall be leak proof. Spreaders with end gates shall be in compliance with this provision provided that the end gate effectively restricts leakage. Any manure that does leak or spill onto the public right-of-way shall be removed and properly disposed of by the hauler.

3. Land application. Manure shall be injected or incorporated into the soil within 24 hours of application.

(5) Facility closure.

(a) The landowner, owner, and operator of an animal feedlot shall have joint and several liability for closure or remediation of discontinued feedlot operations.

(b) If an animal feedlot ceases operation, the responsible parties shall provide for the following:

1. All manure from the animal feedlot and its storage facilities shall be removed and applied or disposed of in some other permissible manner within a period not to exceed 1 year.

2. The city shall be notified within 60 days that the animal feedlot has ceased operations and that the property is in compliance with this section.

(6) Other requirements. Compliance with all federal, state and local statutes, rules, codes, ordinances, requirements, and standards shall be required.

(7) Emergency notification. In the event of a manure leak or spill, the owner, operator, or individual responsible for the transport and application of manure shall immediately notify the city and shall take appropriate actions in accordance with those agencies to prevent harm to public safety, health, and welfare.

(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2016-12-6B, passed 12-6-2016)

§ 205.20 SPECIALIZED HOUSING.

(A) Purpose. The purpose of this section is to establish performance standards for residential uses that operate beyond the scope of traditional residential uses by providing temporary accommodations on an ongoing basis within certain residential areas.

(B) Bed and breakfast establishments.

(1) District application. Bed and breakfast establishments are allowed within the R-1 Traditional Single-Family Residential, R-2 Suburban Single-Family Residential, R-3 Medium Density Residential and B-1, Downtown Business zoning districts subject to the approval of a conditional use permit.

(2) Conditions of approval. In addition to general standards and criteria provided in Chapter 196 (Conditional Use Permits) of this title, a bed and breakfast establishment may be allowed provided that:

(a) A maximum of 4 bed and breakfast units may be established in a structure.

(b) The facility shall have a state license (hotel and food), and comply with building and fire codes as may be required or applicable.

(d) The principal structure shall have a minimum size of 1,500 gross square feet and shall be located on a lot which meets the minimum lot size of the district in which it is located.

(e) All bed and breakfast units shall be established within the principal structure.

(f) Not more than the equivalent of 1 full-time person shall be employed by the bed and breakfast facility who is not a resident of the structure.

(g) Dining and other facilities shall not be open to the general public but shall be used exclusively by the registered guests and residents.

(h) Two off-street parking spaces shall be provided for the home plus one off-street parking space for each bed and breakfast unit. Parking areas shall be screened and landscaped pursuant to Chapter 213 (Fencing Screening and Landscaping Requirements) of this title.

(I) Not more than 1 identification sign not exceeding 4 square feet in area may be attached to each wall which faces a street. The sign shall be reflective of the architectural features of the structure and may not be internally illuminated or lighted between 10:00 P.M. and 6:00 A.M.

(j) Adequate lighting shall be provided between the principal structure and the parking area for safety purposes. Any additional external lighting is prohibited.

(1) District application. Such uses may be allowed within residential districts subject to the approval of an interim use permit in accordance with Chapter 197 (Interim use Permits).

(2) Conditions of approval. A “residential shelter”, as defined in § 191.02 (Definitions) of this title, or similar type use may be allowed provided that:

(a) No external building improvements are undertaken which alter the original character of the home unless approved by the City Council.

(b) No on-street parking shall be allowed. Adequate off-street parking shall be required by the city based on the staff and resident needs of each specific facility. Private driveways shall be of adequate width to accommodate effective vehicle circulation and are to be equipped with a turnaround area to prevent backing maneuvers onto public streets. Driveways shall be maintained in an open manner at all times and emergency vehicle access shall be available. Adequate sight distance at the access point shall be available.

(c) Landscaping buffering from surrounding residential uses shall be provided consistent with the requirements contained in Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title. A privacy fence of appropriate residential design may be required to limit off-site impacts. Landscape screening from surrounding residential uses may be required by the Zoning Administrator depending on the type, location, and proximity of residential areas to a specific facility.

(d) Submission of detailed program information including goals, policies, activity schedule, staffing patterns and targeted capacity which may result in the imposition of reasonable conditions to limit the off-site impacts.

(e) Submission of a formal site plan review if a determination of need for such review is made by the city in accordance with Chapter 199 (Site Plan Review).

(f) Additional conditions may be required by the city in order to address the specific impacts of a proposed facility.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.21 DAYCARE FACILITIES.

(A) Purpose. The regulation of daycare facilities in this title is to establish standards and procedures by which daycare facilities can be conducted within the city without jeopardizing the health, safety, and general welfare of the daycare participants and/or the surrounding neighborhood. This section establishes the city’s minimum requirements for the establishment of a daycare facility not allowed as permitted or permitted accessory uses.

(B) Application.

(1) Conditional use permit. Daycare facilities, except as otherwise provided for, shall be allowed as a conditional use within the R-2 Suburban Single-Family Residential, R-3 Medium Density Residential, R-4 Multiple-Family Residential, B-1 Downtown Business, B-2 Highway Business, and I-1 Light Industrial zoning districts, subject to the regulations and requirements of Chapter 196 (Conditional Use Permits) of this title. In addition to the city regulation, all daycare facility operations shall comply with the minimum requirements of the applicable Minnesota Department of Human Services regulations.

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

(3) Site plan drawing necessary. All applications for a daycare facility conditional use permit shall be accompanied by a site plan drawn to scale and dimensioned, displaying the information required by § 199.05 (Information Requirement) of this title.

(1) Lot requirements and setbacks. The proposed site for a daycare facility shall have a minimum lot area as determined by the Minnesota Department of Human Services and the district in which it is located. The City Council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain the public health, safety, and general welfare. The daycare facility must meet the minimum setback requirements of the respective zoning districts.

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

(3) Screening. Where the daycare facility is in or abuts any commercial or industrial use or zoned property, the daycare facility shall provide screening along the shared boundary of the two uses. All of the required fencing and screening shall comply with the fencing and screening requirements in Chapter 213 (Fencing, Screening and Landscaping Requirements) of this title.

(4) Parking.

(a) There shall be adequate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with Chapter 210 (Off-Street Parking) of this title. Parking areas shall be screened from view of surrounding and abutting residential districts in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title.

(b) There shall be adequate short-term parking or drop off area provided within close proximity to the main entrance. Short-term or drop off parking shall accommodate 3 car spaces and shall be designated as temporary in nature. The short-term parking or drop off area shall not conflict with off-street parking access and shall not conflict with pedestrian movement.

(c) Except as may be approved as part of a joint parking arrangement, as regulated by § 210.09 (Joint Parking Facilities) of this title, when a daycare facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required.

(5) Loading. One off-street loading space in compliance with Chapter 211 (Off-Street Loading) of this title shall be provided.

(6) Signage. All signing and informational or visual communication devices shall be in compliance with Chapter 207 (Signs) of this title.

(7) Daycare facility. The building plans for the construction or alteration of a structure that shall be used as a daycare facility shall be submitted to the city for review by the City Building Official to ensure that the structure is in compliance with the State Building Code. The facility shall meet the following conditions:

(a) Architectural appearance. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause incompatibility with neighboring properties or constitute a blighting influence within a reasonable distance of the lot.

(b) Land use compatibility. Internal and external site land use compatibility and sufficient peripheral area protections shall be provided by the daycare facility.

(c) Play space. Play space must be adequately enclosed where necessary to prevent children from leaving the premises unattended.

(d) Outdoor areas. Outdoor play areas shall not be provided within the required front yard setbacks.

(8) State licenses. Proof of approved applicable state licenses shall be provided to the Zoning Administrator prior to the Building Official granting a certificate of occupancy.

(D) Nonconforming use. Existing daycare facilities lawfully existing on June 7, 2011 may continue as nonconforming uses. They shall, however, be required to obtain applicable state and city permits for their continued operation. Any existing daycare facility that is discontinued for a period of more than 30 days, or is in violation of the provisions of this title, under which it was initially established, shall be brought into conformity with the provisions of this section.

(E) Inspection. The city hereby reserves the right upon issuing any daycare facility conditional use permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.22 MOTOR VEHICLE FUEL FACILITIES.

(A) Purpose. The purpose of this section is to establish specific design and operational performance standards for motor vehicle fuel facilities.

(B) Motor vehicle fuel sales, not including truck stops or automobile repair.

(1) District application. Motor vehicle fuel sales may be allowed in the B-2 Highway Business District subject to the approval of a conditional use permit. The standards and requirements for motor vehicle fuel sales shall be in addition to those which are imposed for other uses and activities occurring on the property.

(2) Motor vehicle fuel facilities. Motor vehicle fuel facilities shall be installed in accordance with state and city standards. Additionally, adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access, and other activities on the site. Fuel pumps shall be installed on pump islands.

(3) Area. A minimum lot area of one and one-quarter acres and minimum lot frontage of 150 feet. If the canopy is attached to the principal structure, the minimum lot size may be reduced to 1 acre. The City Council may exempt previously developed or previously platted property from this requirement provided that the site is capable of adequately and safely handling all activities and required facilities.

(4) Hours. Hours of operation shall have no limits except as may be required by the City Council.

(5) Architectural standards.

(a) As a part of the conditional use permit application, a color illustration of all building elevations must be submitted.

(b) The architectural appearance, scale, and functional plan of the building(s) and canopy shall be complementary and compatible with each other and the existing buildings in the neighborhood setting.

(c) All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Chapter 212 (General Yard, Lot Area, and Building Requirements) of this title.

(d) Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block, and stucco shall be used.

(e) Earth tone colors of exterior materials including the canopy columns shall be required. Earth tone colors shall be defined as stated in § 191.02 (Definitions) of this title.

(f) Ten percent of the building facade may contain contrasting colors. Contrasting colors shall be defined as stated in § 191.02 (Definitions) of this title. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of 4 inches. The color bands shall not be illuminated.

(6) Canopy. A protective canopy structure may be located over the pump island(s), as an accessory structure. The canopy shall meet the following performance standards:

(a) The edge of the canopy shall be 20 feet or more from the front and/or side lot line, provided that adequate visibility both on-site and off-site is maintained.

(b) The canopy shall not exceed 18 feet in height and must provide 14 feet of clearance from the bottom of the canopy to the ground to accommodate a semitrailer truck passing underneath.

(d) Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination may not exceed 115 foot-candles below the canopy at ground level. The fascia of the canopy shall not be illuminated.

(e) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site.

(f) Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that:

1. The individual canopy sign does not exceed more than 20% of the canopy facade facing a public right-of-way.

2. The canopy fascia shall not be illuminated, except for permitted canopy signage.

(g) Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps.

(7) Pump islands. Pump islands must comply with the following performance standards:

(a) Pump islands must be elevated 6 inches above the traveled surface of the site.

(b) All pump islands must be set at least 30 feet back from any property line. Additionally, the setback between the pump islands curb face must be at least 24 feet.

(8) Dust control and drainage. The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick. Plans for surfacing and drainage shall be subject to approval of the City Engineer. Drainage from all fueling areas shall be directed to an oil/grit separator. Minimum design standards for the oil/grit separator shall include the following:

(a) A minimum of 400 cubic feet of permanent pool storage capacity per acre of drainage area.

(b) A minimum pool depth of 4 feet.

(d) Minimum maintenance/inspection of 2 times per year and/or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA.

(9) Landscaping.

(a) At least 25% of the lot, parcel, or tract of land used exclusively for the gas sales facility shall remain as a grass plot, including trees, shrubbery, plantings, or fencing and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets or residential property.

(b) At the boundaries of the lot, the following landscape area shall be required:

1. From side and rear property lines, an area of not less than 5 feet wide shall be landscaped in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title.

2. From all road rights-of-way, an area of not less than 15 feet wide shall be landscaped in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title.

3. Where lots abut residentially zoned property, a buffer yard of not less than 20 feet wide shall be landscaped and screened in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title.

4. The property owner shall be responsible for maintenance of all landscaping, including within the boulevard.

(10) Exterior lighting. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with § 205.11 (Exterior Lighting) of this title. A comprehensive lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards:

(a) Canopy lighting. Canopy lighting shall only be permitted under the canopy structure, and consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination below the canopy may not exceed 115 foot-candles at ground level.

(b) Perimeter lighting. Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed 15 foot-candles at ground level.

(c) Illumination. Maximum site illumination shall not exceed one foot-candle at ground level when measured at any boundary line with an adjoining residential property or any public property.

(d) Exception. Except for permitted wall signage the building and/or canopy fascia shall not be illuminated.

(11) Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Chapter 210 (Off-Street Parking) of this title.

(12) Circulation. The site design must accommodate adequate turning radius and vertical clearance for a semitrailer truck. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates.

(13) Off-street loading. Designated loading areas must be exclusive of off-street parking stalls and drive aisles. The off-street loading space(s) and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.

(14) Parking.

(a) Parking spaces shall be calculated solely based upon the use and the square footage of the principal building.

(b) Parking spaces shall be screened from abutting residential properties in compliance with Chapter 210 (Off-Street Parking) of this title.

(15) Pedestrian traffic.

(a) An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. In front of the principal structure, the pedestrian sidewalk must be a minimum of 5 feet wide and clear of any obstacle or impediment. The pedestrian sidewalk may be reduced to a minimum of 3 feet wide and clear of any obstacle or impediment when segregated from parking or drive aisles by a physical barrier that prevents vehicles from overhanging the pedestrian sidewalk.

(b) A continuous and permanent concrete curb not less than 6 inches above grade shall separate internal sidewalks for pedestrian traffic from motor vehicle areas, pursuant to the provisions of § 210.05 (Stall, Aisle, and Driveway Design) of this title.

(16) Noise. Public address system shall not be audible at any property line. The playing of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in § 205.12 (Emissions, Noise, Odors, Smoke, Air Pollution, Dust and Other Particulate Matter, and Waste) letter B of this title.

(17) Outside sales and service. Outside sales and service shall be allowed on a limited basis, provided that:

(a) Site plan.

1. Areas designated. Areas for outdoor sales and services shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit. No outdoor sales or services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit.

2. Conditional use permit. Outdoor sales and services may be further restricted or prohibited as a term in a conditional use permit.

(b) Location. Except as regulated by § 205.22(B)(17)(d)1. (Motor Vehicle Fuel Facilities) of this title, outdoor sales and services shall be located upon a concrete or asphalt surface adjacent to the principal building and shall not encroach into any required principal building setback, required parking stall, drive aisle, or pedestrian sidewalk required by division (M) of this section, or otherwise impede vehicle and pedestrian circulation.

1. Area. The area devoted to outdoor sales shall not exceed 5% of the gross floor area of the principal building or 200 square feet, whichever is less.

2. Height. The height of sales displays shall not obstruct any window or otherwise impair a clear view of the pump islands from the cashier station within the building. In no case shall the sales display exceed 5 feet in height.

3. Required parking. The outdoor sales area shall be included in the calculations for parking spaces required for the use by Chapter 210 (Off-Street Parking) of this title.

(d) Uses. Outdoor services shall be limited to the following uses:

1. Public phones, compressed air service, outdoor movie rentals, or automobile vacuum areas may encroach into a required yard as long as they do not interrupt on-site traffic circulation, do not occupy required parking stalls, and are not located in a yard abutting residentially zoned property.

2. Propane sales limited to 20-pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meet all state uniform building and fire codes.

3. Freezers for ice products may only be located at the front of the building subject to the area and location requirements of § 205.22(B)(17)(b) and (c) (Motor Vehicle Fuel Facilities) of this title, or when used for storage purposes only shall be located in a side or rear yard and screened from view from adjacent properties or the public right-of-way with materials consistent with the principal building.

(18) Litter control. The operation shall be responsible for litter control on the subject property, which is to occur on a daily basis. Trash receptacles must be provided at a convenient location on-site to facilitate litter control.

(19) Signs. A comprehensive sign plan must be submitted as part of a conditional use permit application. The freestanding sign allowed shall be a monument sign constructed as follows:

(a) The sign shall be self-supported vertically by a solid base extending horizontally for a minimum of the entire width of the sign face. Total height of the monument sign including the base shall not exceed 15 feet.

(b) The sign base and supporting material shall be equal to at least 40% of the total allowable sign square footage, and shall not be counted toward the sign area. The base shall be attached to the ground for its entire horizontal width of the sign. The base shall be decay resistant wood, stone, brick, or decorative masonry and shall not contain any sign copy.

(c) All other signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 207 (Signs) of this title.

(d) Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that the individual canopy sign does not exceed more than 20% of the canopy facade facing a public right-of-way.

(20) Additional stipulations. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.

(a) The City Council may require the installation of a backup generator in the case of a power failure to allow for the pumping of fuel during emergency situations.

(C) Motor vehicle fuel sales including convenience grocery and/or prepared food, not including truck stops or automobile repair.

(1) District application. Motor vehicle fuel sales including convenience grocery and/or prepared food may be allowed in the B-2 Highway Business District subject to approval of a conditional use permit. The standards and requirements for motor vehicle fuel sales shall be in addition to those which are imposed for other uses and activities occurring on the property.

(2) Area and location specified. The proximate area and location of space devoted to merchandise sales shall be specified in the application and in the conditional use permit.

(3) Prepared food.

(a) Convenience/deli food is of the takeout type only and that no provision for seating, consumption on the premises, or drive-through facilities is provided. Furthermore, that the enclosed area devoted to such activity, use, and merchandise shall not exceed 15% of the gross floor area.

(b) The storage, preparation, and serving of food items are subject to approval based upon the applicable state and county regulations.

(4) Additional regulations. The use shall be further regulated as provided for by § 205.22(B) (Motor Vehicle Fuel Facilities) of this title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 205.23 DRIVE-THRU BUSINESSES.

(A) No person shall construct, operate, or maintain a drive thru business within the city without first obtaining a conditional use permit. The following standards shall apply to drive-thru businesses in all districts, except motor vehicle fuel stations.

(1) Hours. The hours of operation shall be limited to 5:00 a.m. to 11:00 p.m., unless extended by the City Council as part of the conditional use permit.

(2) Any drive-thru business serving food or beverages may also provide, in addition to vehicular service areas, indoor food and beverage service seating area.

(3) Each drive-thru business serving food may have outside seating.

(4) Each food or beverage drive-thru business shall place refuse receptacles at least at all exits to the building.

(5) No drive-thru business shall have access on any street designated or primarily used as a general residential subdivision street.

(6) Architectural standards.

(a) As a part of the conditional use permit application, a color illustration of all building elevations must be submitted.

(b) The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, so as not to constitute a blighting influence.

(d) Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used.

(e) If canopies cover the drive-thru, support columns shall be constructed with the same design and materials as those used on the building.

(f) Earth tone colors of exterior materials including the canopy support columns shall be required.

(g) Ten percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of 4 inches. The color bands shall not be illuminated.

(h) Exterior storage areas suitable for storage containers for all waste material may be located on the site. All commercial refuse containers shall be constructed of a similar design and materials used on the building.