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

   B.   These standards apply to all districts, unless otherwise noted. Before any zoning permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to the performance standards. The developer or landowners shall supply data necessary to demonstrate such conformance. Such data may include a description of equipment to be used, hours of operation, method of refuse disposal, and type and location of exterior storage. (1998 Code)

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

   B.   Exemptions: Solar energy systems and solar structures may be exempted from setback, height, and lot coverage restrictions in any district by variance. (1998 Code)

The owner of any premises shall comply with the following requirements:

   A.   Sanitation: All exterior property areas shall be maintained free from any accumulation of garbage, animal feces or refuse.

   B.   Grading And Drainage: All premises shall be graded and maintained so as to minimize the accumulation of water on said premises, except when required by the City for water retention.

   C.   Ground Cover: All sites shall be maintained in a condition to control erosions, dust and mud by suitable landscaping with grass, trees, shrubs, or other planted ground cover or by paving with asphalt, or concrete or by other suitable means as approved by the Zoning Administrator.

   D.   Insect And Rodent Infestation: It shall be the responsibility of the owner to exterminate any infestation of insects, rodents, vermin or other pests in all exterior areas and accessory structures on the premises.

   E.   Condition Of Structures: All structures including, but not limited to, primary structures, detached garages, sheds, and fences shall be maintained structurally sound and in good repair. All exterior wood surfaces, other than decay-resistant woods shall be protected from the elements and decay by paint or by other protective covering or treatment.

   F.   Nuisance Characteristics: No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare, dust or other such adverse influences shall be permitted in any district that will in any way have an objectionable effect upon adjacent or nearby property. All wastes in all districts shall be disposed of in a manner that is not dangerous to public health and safety nor will damage public waste transmission or disposal facilities. (1998 Code)

   A.   Waste, Refuse And Garbage: All waste, refuse and garbage must be kept in a building or properly contained in a closed container.

   B.   Nonoperating Vehicles, Equipment: All nonoperating vehicles or equipment must be kept within a fully enclosed building.

   C.   Front Yard: No exterior storage is allowed in the front yard, except parking of licensed and operable vehicles on a driveway.

   D.   Accumulation Prohibited: It shall be unlawful to accumulate and store building materials, lumber, boxes, cartons, or other containers, machinery, scrap metal, junk, raw material, fabricated goods and other items in such manner as to constitute a nuisance or rodent harborage.

   E.   Recreational Vehicles, Equipment: All recreation vehicles, equipment, and motor vehicles parked or stored outside must be in a safe, operable condition and exhibit current license or registration plates or tags if the vehicle is one for which a license or registration plate is required by law for its operation. (1998 Code)

   A.   Off-Street Parking; Signs: In all districts, any lighting used to illuminate an off-street parking area or sign shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. Direct glare from floodlights or similar sources, shall not be directed into any adjoining property or public streets.

   B.   On-Site Lighting: On-site lighting shall be provided as is necessary for security, safety and traffic circulation. (1998 Code)

   A.   Intent: It is the intent of this Section to promote high standards of design and construction for the business and industrial uses in the City. These standards are set forth in order to enhance the visual appearance of the business and industrial areas within the City, to increase the taxable value of the City, and to promote the community public health, safety, and welfare. The provisions of subsections B through H of this Section shall apply to all business and industrial zones.

   B.   Exterior Building Materials: The exterior surface of all buildings in the business and industrial zones shall be one of, or a combination of, the following materials:

      1.   Permitted Materials:

         a.   Face brick, stone, glass, concrete block or similar material;

         b.   Architecturally treated concrete;

         c.   Stucco or other cement coating.

         d.   Textured or architecturally treated concrete masonry units, or panels, if either sealed or painted in a manner guaranteed by the manufacturer against blistering, peeling, cracking, flaking, checking or chipping for a minimum of five (5) years.

         e.   Metal panels with interlocking, concealed, or tongue-and- groove seams and approved fasteners, if the exterior surface finish is warranted by the manufacturer for twenty (20) years against blistering, peeling, cracking, flaking, checking or chipping.

         f.   Exterior plastic veneer constructed of approved plastic materials.

         g.   Wood products if sealed or treated in a manner guaranteed for a minimum of five (5) years.

   C.   Accessory Structures: Garages and accessory structures shall be of a similar material, quality and appearance as the principal structure. The height of the accessory structure shall not exceed that of the principal structure. Screen walls and exposed areas of retaining walls shall be constructed of a permanent material and finish and shall be of a compatible color and material as the principal structure.

   D.   Rooftop Utilities: The ground level view of all rooftop equipment, including rooftop structures related to elevators and other mechanical utilities shall be completely screened from contiguous properties and adjacent streets with materials of similar type, quality, and appearance as that of the principal structure. If it is either physically impossible or impracticable to completely screen these utilities, the Planning Commission may, during site plan review, recommend alternative solutions that render them aesthetically compatible with the principal structure.

   E.   Loading And Service Areas/Outdoor Storage: The perimeter views of all external loading and service areas and any areas of outdoor storage must be screened from residential uses and adjacent public streets and the public front and office sides of all business and industrial uses, except at access points. Such screening can be accomplished through the placement of the building on the lot or the placement of a building on an adjacent lot. Screening can also be accomplished through the use of berming, landscaping (80 percent opaque at the time of maturity) or existing vegetation. If screen walls are proposed, then the materials used shall be of similar type, quality, and appearance as those of the principal structure. If it is either physically impossible or impracticable to completely screen these areas, the Planning Commission may, during site plan review, recommend alternative solutions that render them aesthetically compatible with the principal structure.

   F.   Trash Handling: All trash and trash handling equipment shall be stored within the principal structure or within an attached structure accessible from within the principal structure or within an accessory structure totally screened from eye level view from public streets and adjacent residential properties. Such structures shall be constructed of the same building material as the principal structure. If it is either physically impossible or impracticable to completely screen these structures, the Planning Commission may, during site plan review, recommend alternative solutions that render them aesthetically compatible with the principal structure.

   G.   Landscaping:

      1.   General Provisions: All areas of land other than that occupied by building and/or parking areas and driveways shall be landscaped with grass and/or mulch and/or rock material and/or ground covers in planting beds. In addition, the following will be permitted:

         a.   Undisturbed areas containing existing viable natural vegetation that can be maintained free of foreign and noxious plant material.

         b.   Areas designated as open space or future expansion areas properly planted and maintained with approved cover crop.

      2.   Slopes And Berms: Final slope grades steeper than the ratio of three to one (3:1) will not be permitted without special landscaping treatments such as terracing, retaining walls, or ground cover. Berming used to provide screening of parking lots shall be three feet (3') in height and shall have a maximum slope ratio of three to one (3:1).

      3.   Parking Area Requirements:

         a.   Design: Design of parking areas of thirty (30) or more spaces requires landscaping five percent (5%) of the parking lot surface area which may be in the form of landscape islands. The landscaped area must adhere to the following plant size requirements:

            (1)   Deciduous trees shall be a least two and one-half inches (21/2") in diameter.

            (2)   Ornamental trees shall be a minimum of one and one-half inches (11/2") in diameter.

            (3)   Evergreen trees must have a minimum height of three feet (3').

            (4)   Potted shrubs shall be in a five (5) gallon pot or larger.

            (5)   Evergreen shrubs used for screening purposes shall be at least one foot (1') in height at planting. Evergreen shrubs will have a minimum spread of twenty four inches (24").

         b.   Landscape screening plantings shall be completed within one year from the date of building permit. The planning commission may, during site plan review, recommend alternative solutions that meet the intent of this title.

         c.   If it is either physically impossible or impracticable to completely adhere to these landscape requirements, the planning commission may, during site plan review, recommend alternative solutions that meet the intent of this title.

   H.   Site Lighting: All exterior lighting shall be designed and arranged to direct illumination away from contiguous residential district property. No exterior lighting shall be arranged and designed to create direct viewing angles of the illumination source by pedestrian or vehicular traffic in the public right of way. Lenses, deflectors, shields, louvers and prismatic control devices shall be used to eliminate nuisance and hazardous lighting. Such lighting shall be no greater than twenty five feet (25') in height. (1998 Code)

   A.   Permits: Building permits are not required to construct fences if under seven feet (7') in height. Zoning permits are required for all fences erected.

   B.   Locations:

      1.   Fences shall be located entirely upon the private property of the persons constructing the fence unless the owner of the adjacent property agrees, in writing, that such fence may be erected on the division line of the respective properties. If adjacent neighbors cannot agree that such fence be placed on the property line, such fence must be placed a minimum of one foot (1') from property line. The city may require the owner of the property erecting a fence to establish the boundary line of his property by a survey.

      2.   Where any business or industrial use (structure, parking or storage) is adjacent to property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business, parking lot or industry is across the street from a residential zone, but not on the side of a business or industry considered to be the front. The screening required in this section may consist of earth mounds, berms or ground forms; fences and walls; landscaping (plant materials) or landscaped fixtures (such as timbers) used in combination or singularly so as to block direct visual access to an object.

   C.   Construction And Maintenance:

      1.   Construction: Fences shall be constructed in a workmanlike manner and of substantial material reasonably suited for its intended purpose: materials comparable in grade and quality to the following: chain link, wood, wrought iron, vinyl, plastic, decorative masonry, or other acceptable similar material, constructed from commercially available materials.

Fences shall not be constructed from the following: chicken wire, welded wire, plastic deer fence netting or similar product, snow fence, unless being used for its intended purpose, branches, corrugated metal, sheet metal, or material originally intended for other purposes, unless upon showing of a high degree of architectural quality through the use of such, prior approval is granted by the Zoning Administrator.

      2.   Maintenance: Every fence shall be maintained on both sides in a condition of good repair and shall not be allowed to become or remain in a condition of disrepair or danger, or constitute a public or private nuisance. Any such fence which is, or has become dangerous to the city health and welfare is a public nuisance, and the city may commence proper proceedings for the abatement thereof.

      3.   Electric Fences: Electrical fences shall not be permitted except for agricultural purposes.

      4.   Barbed Wire Fences: Barbed wire fences shall only be permitted on farms or for special security requirements by conditional use permit.

   D.   Residential Fencing And Screening:

      1.   Side And Rear Yards: Fences extending across side and rear yards shall not exceed eight feet (8') in height. Fences in excess of six feet (6') shall require a conditional use permit. This provision shall not apply to plantings.

      2.   Front Yards: Fences extending across front yards shall not exceed three and one-half feet (31/2') in height. The front yard on a corner lot shall be the location of the primary entrance.

   E.   Business And Industrial Fencing And Screening:

      1.   Height: Business and industrial fences may be erected up to eight feet (8') in height. Fences in excess of six feet (6') shall require a conditional use permit.

      2.   Barbed Wire Security Arms: Business and industrial fences with barbed wire security arms a minimum of six feet (6') in height (measured without the security arm) may be allowed by conditional use permit. The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public.

   F.   Swimming Pools/Hot Tubs:

      1.   Safeguards Required: All swimming pools and outdoor hot tubs 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 and affording no external hand holds or foot holds.

      2.   Hot Tubs: In the case of hot tubs, a locking hard cover may be used as an alternative to the required fencing and screening. The cover shall be constructed of a material which cannot be penetrated by toddlers.

      3.   Fences: The following provisions shall apply to fences:

         a.   Height: If fences are employed, they shall be at least five feet (5') in height and shall completely enclose the swimming pool or hot tub.

         b.   Bottom: The bottoms of the fences shall not be more than four inches (4") from the ground.

         c.   Materials: Fences shall be of a noncorrosive material.

         d.   Fence Openings: All fence openings or points of entry into the doors to swimming pools and hot tubs shall be equipped with self-closing and self-latching devices placed within twelve inches (12") of the top of the fence so as to be inaccessible to small children.

         e.   The wall of any pool construction above ground level, regardless of the height thereof, shall not qualify as a safety fence.

      4.   Definitions:

 

 

      5.   Exceptions: The requirements of this section shall not apply to temporary above ground pools and wading pools. However, the temporary above ground pools shall only be excepted if, during the period of time it is up, safeguards are provided by means of a latchable cover or the removal of any means of access to the pool during such time as the pool is not actively in use.

      6.   Application for exception: Owners of swimming pools may make a written request for an exception to the fencing requirements set forth in this section, if the owner of the swimming pool can provide a safe and reasonable alternative to these requirements.

      7.   Violations: In addition to other penalty provisions in the Montevideo City Code, violation of any part of this chapter is deemed a public nuisance. (1998 Code; amd. Ord. 920, 8-5-2013; Ord. 959, 11-16-2020; Ord. 962, 7-6-2021; Ord. 967, 4-18-2022)

The following shall be considered as permitted encroachments on setback and height requirements except as provided in this title:

   A.   Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like provided they do not project more than two feet (2') into a yard.

   B.   Terraces, steps, uncovered porches, stoops, decks or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than two feet (2') from any side or rear lot line.

   C.   In rear yard, recreational and laundry drying equipment, arbors and trellises, balconies, breezeways, open porches, decks, gazebos, satellite dishes and antennas, detached outdoor living rooms, detached garages, and air conditioning or heating equipment.

   D.   Unenclosed architectural projections including steps, landings, uncovered porches, stoops, and/or decks may extend not more than six feet (6') into the front yard as measured from the principal structure provided they do not extend above the height of the ground floor level of the principal structure. Temporary handicap ramps are exempt from this provision.

   E.   Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings and the ordinary projections of sills, cornices and ornamental features projecting no more than forty inches (40"); except that in business areas a permanent awning and its accessory columns or struts may project no more than five feet (5') into a required front or side yard.

   F.   Open or enclosed fire escapes may project into a required yard not more than five feet (5') and into a required court not more than three and one-half feet (31/2'), provided they be so located as not to obstruct light or ventilation.

   G.   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, silos, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, communication towers, and necessary mechanical appurtenances shall not exceed the height limitation in the district they are located in by more than fifty percent (50%) without a conditional use permit. (1998 Code)

   A.   Reduction: No lot, yard, or other open space shall be reduced in area or dimension creating a lot, yard or open space less than the minimum required by this title, and if the existing yard or other open space as existing is less than the minimum required it shall not be further reduced. No required open space provided about any building or structure shall be included as a part of any open space required for another structure.

   B.   Double Frontage Lots: On double frontage lots, the required front yard shall be provided on both streets. (1998 Code)

   A.   Residential Districts:

      1.   Height: No accessory structure shall exceed the lesser of the height of the principal building or twenty feet (20').

      2.   Yards: Detached accessory structures located to the rear of the principal structure shall be required to maintain a side yard of three feet (3') and a rear yard of three feet (3').

      3.   Attached To Principal Structure: An accessory structure or structures that are attached to the principal structure shall meet the district front, side and rear setback requirements.

      4.   Number: A residential lot may have no more than two (2) accessory structures. If there are two (2), the smaller one may be no more than four hundred (400) square feet.

      5.   Size: No accessory building shall exceed one thousand (1,000) square feet total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls in any residence district without first obtaining a conditional use permit therefor.

      6.   Sheds Up To Two Hundred Square Feet: In addition to accessory structures permitted in subsection A4 of this section, a residential lot may have up to two (2) additional accessory structures, neither of which may exceed two hundred (200) square feet.

      7.   Appearance: Garages, sheds, and accessory structures shall be of a similar material, quality and appearance as the principal structure. Screen walls and exposed areas of retaining walls shall be constructed of a permanent material and finish and shall be of a compatible color and material as the principal structure. (Ord. 945, 6-5-2017)

   B.   Business And Industrial Districts:

      1.   Height: No accessory building shall exceed the height of the principal building except by conditional use permit.

      2.   Location: Accessory buildings may be located any place to the rear of the principal building, subject to Fire Code regulations and performance standards. (1998 Code)

No basement, garage, tent, trailer, or accessory building shall be used as a permanent dwelling. The basement portion of a finished home or apartment may be used for normal eating and sleeping purposes provided it is properly damp-proofed, has suitable fire protection and exits, and is otherwise approved by the building inspector. (1998 Code)

   A.   Permit Required: Every licensed house mover shall obtain a certificate of zoning from the Zoning Administrator before moving any building into or within the City.

   B.   Application: An application for such permit shall designate the lot on which the house is to be located, the dimensions of the lot and the proposed location of the structure on the lot along with setback distance.

   C.   Conditions For Approval: No permit to move a building shall be issued unless and until the following conditions are fully complied with and approved by the Zoning Administrator:

      1.   The building to be moved must comply in all respects with this title.

      2.   The lot on which the building is to be located must meet all the minimum dimensional requirements of the zoning district in which it is located.

      3.   The building must be placed on the lot so as to meet all the front, side, and rear yard requirements as set forth in this title. (1998 Code)

The traffic generated by any use shall be channeled and controlled in a manner that will avoid: a) congestion on the public streets; b) traffic hazards; and c) excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business areas shall, to the extent possible, be forward moving with no backing into streets. On corner lots (including rural areas), nothing shall be placed or allowed to grow which may cause danger to traffic on a street or public road by obscuring the view. (1998 Code)

   A.   Curb Cut/Accesses: The location and number of curb cut/accesses onto any public street or right of way shall be approved by the city engineer.

   B.   Access Drives: Access drives may be placed adjacent to property lines except that drives consisting of crushed rock or other nonfinished surfacing shall be no closer than three feet (3') to any side or rear lot line. The number and types of access drives onto major streets may be controlled and limited in the interests of public safety and efficient traffic flow.

   C.   County Roads: Access drives onto county roads shall require a review by the county engineer. The county engineer shall determine the appropriate location, size and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow.

   D.   Wooded, Steep, Open Field Areas: Access drives to principal structures which traverse wooded, steep, or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The zoning administrator shall review all access drives (driveways) for compliance with accepted community access drive standards. All driveways shall have a minimum width of ten feet (10') with a road strength capable of supporting emergency and fire vehicles.

   E.   Emergency Vehicles: All lots or parcels shall have direct access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway, or an existing private roadway approved by the city council. (1998 Code)

   F.   State Highways: Access drives on to state highways shall require a review by the city engineer and be subject to both city and state requirements. The city engineer shall determine the appropriate location, size, design and number of such access drives, taking into account the interest of public safety, long range planning and efficient traffic flow. (Ord. 834, 2-18-2003)

   A.   Water Supply: Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota department of health and the Minnesota pollution control agency. Private wells must be located, constructed, maintained and sealed in accordance with or in a more thorough manner than the water well construction code of the Minnesota department of health. Publicly owned water systems must be used if available.

   B.   Sewage Treatment: Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:

      1.   Publicly owned sewer systems must be used if available.

      2.   All private sewage treatment systems must meet or exceed the Minnesota pollution control agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards", chapter 7080, a copy of which is hereby adopted by reference and declared to be a part of this title.

      3.   On site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in the Chippewa County shoreland management district.

      4.   All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subsections B5a through B5d of this section. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on site field investigations.

      5.   Evaluation Criteria:

         a.   Depth to the highest known or calculated ground water table or bedrock;

         b.   Soil conditions, properties, and permeability;

         c.   Slope;

         d.   The existence of lowlands, local surface depressions, and rock outcrops.

      6.   Nonconforming Sewage Treatment Systems: A sewage treatment system not meeting the Minnesota Pollution Control Agency requirements must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. (1998 Code)

   A.   Standards: Manufactured homes that do not meet the requirements of a "single-family detached dwelling unit" as defined in Section 11-2-2 of this Title shall be located in an approved manufactured home park.

   B.   Federal, State And Local Standards: All manufactured homes permitted under this Title shall meet all the appropriate Federal laws dealing with health and safety for manufactured homes, as well as the appropriate State and local building and health codes for manufactured homes including the State Building Code, and local use and occupancy of pre-code manufactured home standards. (1998 Code)

   A.   Intent: The intent and purpose of this Section is to assure quality development equal to that found in other types of residential areas throughout the City.

   B.   Application: The applicant for a building permit or conditional use permit, in addition to other requirements, shall include the name and address of the developer and a general description of the construction schedule and construction cost. The application for a permit shall be accompanied by plans which indicate the following:

      1.   Location and size of the manufactured home park.

      2.   Location, size and character of all manufactured home lots, manufactured home stands, storage areas, recreation areas, laundry washers, dryers and drying areas, central refuse disposal, roadways, parking spaces and sites, and all setback dimensions.

      3.   Detailed landscaping plans and specifications.

      4.   Location and width of any sidewalks.

      5.   Plans for sanitary sewage disposal, surface drainage, water systems, electrical service, telephone service, cable TV service and gas service.

      6.   Plans for an overhead street lighting system shall be submitted for approval by the City Engineer.

      7.   The method of disposing of garbage and refuse.

      8.   Location and size of all streets abutting the manufactured home park and all driveways from such streets to the park.

      9.   Plans and specifications for all road construction either within the park or directly related to park operation.

      10.   Floor plans of all service buildings to be constructed within the manufactured home park.

      11.   Name and address of developer or developers.

      12.   Detailed description of maintenance procedures and grounds supervision.

      13.   Detailed plan indicating final grading and drainage of the site.

      14.   Details as to whether all of area will be developed at once or whether it will be developed a portion at a time.

      15.   Other information as may be required or requested by the City.

   C.   Performance Standards For Manufactured Home Parks:

      1.   Water Supply; Sanitary Sewer System: All manufactured homes shall be properly connected to a central water supply and a central sanitary sewer system in conformance to standards adopted by the Minnesota Pollution Control Agency. All water and sewer systems shall be constructed in accordance with plans and specifications approved by the City Engineer. Where a public water supply is available to the manufactured home park or at the boundary of the park, a connection to said public water supply shall be provided for each manufactured home.

      2.   Off Street Overload Parking Lot: Each manufactured home park shall maintain a paved off street overload parking lot for guests of occupants in the amount of one space for each three (3) sites.

      3.   Utility Lead-Ins: All utilities, such as sewer, water, fuel, electric, telephone and cable television antenna lead-ins, shall be buried to a depth specified by the city engineer, and there shall be no overhead wire or support poles except those essential for street or other lighting purposes. Plans for the disposal of surface stormwater shall be approved by the city engineer.

      4.   Utility Connections: All utility connections shall be as approved by the city. Owner shall pay any required connection fees to the city.

      5.   Garbage, Waste, Trash Disposal: The method of garbage, waste, and trash disposal must be approved by the city engineer.

      6.   Landscaping: A properly landscaped area, sod or seeded grass with a minimum of one overstory deciduous or conifer tree shall be adequately maintained around each manufactured home park lot. All manufactured home parks adjacent to industrial, business or residential land uses shall provide for a minimum setback of thirty feet (30') with screening, such as fences or natural growth, along the property boundary lines separating the park from such adjacent uses.

      7.   Development; Maintenance: Every structure in the manufactured home park shall be developed and maintained in a safe, approved, and substantial manner. The exterior of every structure shall be kept in good repair. All of said structures must be constructed to meet existing state codes. Portable fire extinguishers rated for electrical and liquid fires shall be kept in all service buildings and other locations conveniently and readily accessible for use by all occupants.

      8.   Skirting: The area beneath all manufactured homes shall be enclosed (skirted) with a suitable material through the entire manufactured home park, except that such an enclosure must be so constructed that it is subject to reasonable inspection. No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities, and related manufactured home equipment. All manufactured homes moved into said park must be enclosed (skirted) within thirty (30) days.

      9.   Storage Areas: All manufactured home parks shall have an area or areas set aside for storage, boats, boat trailers, hauling trailers, and all other equipment not generally stored within the manufactured home or within the utility enclosure that may be provided, shall be stored in a separate place provided by the park owner. This storage place shall be screened. Such equipment shall not be stored upon a lot which is occupied by a manufactured home or upon the streets within the manufactured home park. (1998 Code)

      10.   Community Buildings: A manufactured home park may have one or more community buildings for public safety during storms which must be maintained in a safe, clean, and sanitary condition. Said buildings shall be adequately lighted during all hours of darkness and may contain laundry washers, dryers and drying areas, public telephones and public mailboxes, in addition to public toilets and lavatory. At a minimum, the following shall be provided:

         a.   In the case of a manufactured home park with less than ten (10) manufactured homes, a plan for the sheltering or the safe evacuation to a safe place of shelter for the residents of the park in times of severe weather conditions. The shelter or evacuation plan shall be developed with the assistance and approval of the city and shall be posted at conspicuous locations throughout the park. The park owner shall provide each resident with a copy of the approved shelter or evacuation plan.

         b.   A manufactured home park with ten (10) or more manufactured homes, licensed prior to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the evacuation of park residents to a safe place of shelter within a reasonable distance of the park for use by park residents in times of severe weather. The shelter or evacuation plan must be approved by the city. The city may require the park owner to construct a shelter if it determines that a safe place of shelter is not available within a reasonable distance from the park. The park owner shall provide each resident with a copy of the approved shelter or evacuation plan.

         c.   A manufactured home park with ten (10) or more manufactured homes, receiving an initial license after March 1, 1988, must provide the type of shelter required by Minnesota statutes section 327.205. (Ord. 900, 8-2-2010)

      11.   Building/Zoning Permit: All structures being placed in the park shall require a building/zoning permit.

      12.   Recreation Area: A recreation area consisting of one hundred (100) square feet per manufactured home site shall be provided, but in no instance shall less than five thousand (5,000) square feet be provided for such purpose. The planning commission may recommend waiving of this requirement.

      13.   Streets: All streets shall be hard surfaced to city specification and should be constructed to a minimum width of twenty four feet (24').

   D.   Manufactured Home Park Lots:

      1.   Size: Each manufactured home site shall contain at least five thousand (5,000) square feet of land area for the exclusive use of the occupant and shall be at least fifty feet (50') wide.

      2.   Setbacks: Manufactured homes and auxiliary structures shall be placed upon manufactured home lots so that there shall be at least five feet (5') from the side lot line, twenty feet (20') between the front of the manufactured home and the front lot line, and twenty feet (20') between the rear of the manufactured home and the rear lot lines.

      3.   Occupied Area: The area occupied by a manufactured home shall not exceed fifty percent (50%) of the total area of a manufactured home site. No other building or structure shall be attached to the manufactured home other than one open carport, dimensions not to exceed two hundred forty (240) square feet and one enclosed or covered entryway. The entryway covered or enclosed may not exceed one hundred seventy (170) square feet. In addition to the above, one utility shed with dimensions not to exceed two hundred fifty (250) square feet is permissible at a designated location on the lot; provided, that said utility shed shall not be attached to the manufactured home.

      4.   Yards: The yards shall be landscaped except for necessary driveway and sidewalk needs which shall not exceed one-half (1/2) the width of the site.

      5.   Off-Street Parking: Each manufactured home shall have off-street parking space for at least two (2) automobiles. Each space shall be nine feet by twenty feet (9' x 20') minimum.

      6.   Corners: The corners of each manufactured home lot shall be clearly marked and each site shall be numbered.

   E.   Manufactured Home Stands: The area of the manufactured home stand shall provide adequate support for the placement and tie- down of the manufactured home, thereby securing the superstructure against uplift, sliding, rotation, and overturning.

      1.   The manufactured home stands shall not heave, shift, or settle unevenly under the weight of the manufactured home, due to the frost action, inadequate drainage, vibration, or other forces acting upon the structure.

      2.   The manufactured home stand shall be provided with anchors and tie-downs, such as cast-in-place concrete foundations or runways, screw augers, arrowhead anchors or other devices providing for stability of the manufactured home.

      3.   Anchors and tie-downs shall meet current Minnesota State Uniform Manufactured Home Standards Code.

   F.   Park Management:

      1.   Compliance Required; Supervision: The person to whom a permit for a manufactured home park is issued shall operate the park in compliance with this Title and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

      2.   Notification Of Occupants: The park management shall notify park occupants of all applicable provisions of this Title and inform them of their duties and responsibilities under this Title.

      3.   Registry; Home Number: The operator of every manufactured home park shall maintain a registry indicating the name and address of each head of household. A home number shall be placed on the manufactured home and be at least three inches (3") in height and visible from the street.

      4.   Lot Limits: The limits of each manufactured home lot shall be clearly marked on the ground by permanent flush stakes, markers, or other suitable means, said lot limits shall be approximately the same as shown on the accepted plans.

      5.   Map: A map of the manufactured home park shall be located at the manufactured home park office. (1998 Code)

   A.   Required Information: Except for single-family and twin home residential structures, all requests for a building permit for new construction, additions and building renovations altering the use or occupancy of a building shall be accompanied by a site plan indicating:

      1.   Building locations, dimensions and elevations, sign structures, entry areas, storage sites and other structural site improvements.

      2.   Circulation plans for both pedestrian and vehicular traffic.

      3.   Fences and screening devices.

      4.   Trash and waste disposal facilities.

      5.   Storm drainage plans.

      6.   Fire fighting and other public safety facilities and provisions such as hydrant locations and fire lanes.

      7.   Elevation drawings or illustrations indicating exterior wall materials and design information.

      8.   A two foot (2') contour topographical map of the existing site.

      9.   A grading plan illustrating the proposed grade changes, from the original topographical map. All site area, when fully developed, shall be completely graded so as to adequately drain and dispose of all surface water, storm water and ground water in such a manner as to preclude large scale erosion, unwanted ponding and surface chemical runoff.

      10.   Landscape Plan: The site, when fully developed, shall be landscaped according to a plan approved by the Planning Commission. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all seeded and sodded areas.

      11.   A soil erosion control plan for the construction period.

      12.   General floor plan of each structure.

      13.   Location and size of all parking spaces.

      14.   Location, size and system of loading/unloading areas.

      15.   A survey shall be required if the premises are unplatted and the site plan indicates the use of minimum setbacks or in such other situations as the Zoning Administrator may request. The survey requirement may be waived at the discretion of the Zoning Administrator.

      16.   Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design.

      17.   Such other information as the Zoning Administrator or Planning Commission may reasonably request.

   B.   Submission: The site plan shall be submitted to the Zoning Administrator for presentation to the Planning Commission. The Planning Commission shall review the plan and make its recommendations on approval or disapproval of the plan to the City Council, which shall approve or disapprove the same. (1998 Code)

   A.   Location: Multi-family units including apartments, townhouses shall be a permitted use in the R-2 and R-3 Districts. The Planning Commission has the right to waive standards for a single duplex.

   B.   Performance Standards: Same as those listed in the R-2 and R-3 District and this Chapter.

   C.   Parking Requirements:

      1.   Number Required; Size: Two (2) parking spaces per unit for multiple dwellings and one per unit for congregate dwellings shall be provided on the same lot as the dwelling unit. Each space shall not be less than nine feet wide and twenty feet in length (9' x 20') and each space shall be served adequately with access drives.

      2.   Location: Parking spaces shall not be within ten feet (10') of a front property line; five feet (5') of the side lot line, or within five feet (5') of the rear lot line. Setbacks are doubled if site is adjacent to or across from an R District.

      3.   Driveways: Bituminous hot mix or concrete driveways are required for parking areas.

   D.   Landscape Provisions: The design shall make use of all land contained in the site. All of the site shall be related to the circulation, recreation, screening, building, storage, landscaping, etc. so that no portion of the site remains undeveloped. The site when fully developed shall be landscaped according to a plan approved by the Planning Commission during the site plan review.

   E.   Screening:

      1.   Screening to a height of at least six feet (6') and not exceeding eight feet (8') in height shall be required where any off-street parking area contains more than six (6) parking spaces and is located adjacent to a residential zone, and where the driveway to a parking area of more than six (6) parking spaces is within fifteen feet (15') of an adjoining residential zone.

      2.   All exterior storage shall be located in the rear yard. Front and side yard storage may be approved by the City Council upon recommendation of the Planning Commission. (1998 Code)

   A.   Surfacing And Drainage: Off-street parking areas, except for single-family residences, shall be improved with concrete or hot mixed bituminous surfacing in accordance with standard design specifications. Such areas shall be graded and drained to dispose of all surface water accumulation, subject to approval by the city engineer. If due to factors unique to the property or the project, it is physically impracticable to surface the parking area, the planning commission may recommend alternative solutions subject to the approval of the city engineer. (1998 Code)

   B.   Location:

      1.   Spaces accessory to one- and two-family dwellings shall be located on the same lot as the principal use served. Parking spaces shall not violate front, side and rear yard regulations. Parking in front yards shall be in parking spaces only.

      2.   Spaces accessory to multiple-family dwellings shall be located on the same lot as the principal use served or within four hundred feet (400') of the main entrance to the principal building served.

      3.   Parking and driving aisle setbacks in business, industrial or multi-family residential districts:

 

 

      4.   There shall be no off-street parking lot within any street right of way. (Ord. 818, 10-15-2001)

   C.   General Provisions:

      1.   Each parking space shall not be less than nine feet (9') wide and twenty feet (20') in length.

      2.   When off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the same ownership or control, either by deed or long-term lease, as the principal use. The deed or lease document shall require the owner to maintain the required number of off- street spaces during the existence of said principal use. A copy of the property deed or lease document shall be filed with the city.

      3.   Required off-street parking space in any district shall not be utilized for open storage of goods and commercial vehicles or for the storage of vehicles which are inoperable.

      4.   Property in a B-1 district which has been assessed for the provision of off-street city parking lots shall be exempt from the provisions of this subsection which refers to off-street parking.

      5.   Parking for handicapped persons shall be provided in accordance with state and federal regulations.

   D.   Design And Maintenance Of Off-Street Parking Areas:

      1.   Access: Parking areas shall be designed to provide adequate means of access to a public alley or street. Such driveway access shall not exceed thirty feet (30') in width, four percent (4%) in grade and shall be located to cause the least interference with traffic movement.

      2.   Curbing And Landscaping: All open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb not less than five feet (5') from the side property line or a guard of normal bumper height not less than three feet (3') from the side property line.

      3.   Parking Space For Six Or More Cars: When a required off-street parking space for six (6) cars or more is located adjacent to any residence district, a screening fence constructed of wood, brick, masonry or slatted vinyl chainlink fence shall be erected not to exceed eight feet (8') in height or be less than six feet (6') in height.

      4.   Maintenance Of Off-Street Parking Space: It shall be the joint and overall responsibility of the operator and owner of the principal use, uses and/or building to maintain in a neat and adequate manner the parking space accessways, landscaping, required fences and striping.

      5.   Determination Of Areas: A parking space shall not be less than three hundred (300) square feet per vehicle of standing and maneuvering area. A land area credit of three hundred (300) square feet toward the satisfaction of parking area requirements is allowed for each garage stall in any residential district.

      6.   Lighting: Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights of way. Lighting shall be provided where necessary for security, safety and traffic circulation.

      7.   Parking Area Requirements: Design of parking areas of thirty (30) or more spaces requires landscaping of five percent (5%) of the parking lot surface area which may be in the form of landscape islands. The landscaped area must adhere to the following plant size requirements:

         a.   Deciduous trees shall be at least two and one-half inches (21/2") in diameter.

         b.   Ornamental trees shall be a minimum of one and one-half inches (11/2") in diameter.

         c.   Evergreen trees must have a minimum height of three feet (3').

         d.   Potted shrubs shall be in a five (5) gallon pot or larger.

         e.   Evergreen shrubs used for screening purposes shall be at least one foot (1') in height at planting. Evergreen shrubs will have a minimum spread of twenty four inches (24").

Landscape screening plantings shall be completed within one year from the date of building permit. The Planning Commission may, during site plan review, recommend alternative solutions that meet the intent of this Title.

If it is either physically impossible or impracticable to completely adhere to these landscape requirements, the Planning Commission may, during site plan review, recommend alternative solutions that meet the intent of this Title.

   E.   Other Parking In Residential Areas: Parking in residential areas (off-street and on-street) shall be limited to the use of the residents of those homes, except for short-term parking for their guests.

   F.   Shared Parking In Nonresidential Districts:

      1.   Shared parking facilities serving two (2) or more uses may be located on the same lot or in the same structure; provided, that the total number of parking spaces furnished shall not be less than the sum of the separate requirements for each use.

      2.   A shared parking plan for two (2) or more uses involving fewer than the total number of parking spaces required in subsection F1 above may be approved by conditional use permit, if at least the following conditions are met:

         a.   No more than fifty percent (50%) of the required parking spaces for a given use may be shared with another use.

         b.   The applicant shall show that there is no substantial conflict between the principal operating hours of the uses which will share parking spaces.

         c.   A properly drawn legal instrument covering access easements, cross parking arrangements, maintenance, or other pertinent issues, executed by the parties involved, and reviewed by the City Attorney, shall be filed with the City.

   G.   Off-Street Spaces Required (Except for B-1 District unless otherwise required):

 

(1998 Code)

   A.   Location, Number, Size And Screening: The location, number, size and screening of required loading/unloading areas shall be determined by the city council following review and recommendation by the planning commission during the site plan review process.

   B.   Access: Each required loading berth shall be located with appropriate means of vehicle access to a street or public alley in a manner which will least interfere with traffic.

   C.   Surfacing: All loading berths and accessways shall be improved with concrete or hot mix bituminous surfacing in accordance with standard design specification. If it is physically impracticable to surface the loading/unloading area, the planning commission may recommend alternative solutions subject to the approval of the city engineer.

   D.   Use: Any space allocated as a loading berth or maneuvering area so as to comply with the terms of this title shall not be used for the storage of goods, inoperable vehicles or be included as a part of the space requirements necessary to meet the off- street parking area. (1998 Code)

   A.   Applicability Of Standards: All regulations contained in these performance standards shall apply to all changes of the farming operation which will cause all or part of the area to become more intensively used or more urban in character.

   B.   Building Permit Required: All agricultural use structures exceeding five thousand dollars ($5,000.00) in value to be erected on a farm shall require a building permit and conform to all requirements of the building code.

   C.   Conditional Use Permit Required: The city council may require any farm operator to secure a conditional use permit to expand or intensify said operations in the event of the following:

      1.   The farm is adjacent to or within four hundred feet (400') of any dwelling unit and may be detrimental to living conditions creating safety hazards or by emitting noise, odor, vibrations or similar nuisances.

      2.   The farming operations are so intensive as to constitute an industrial type use consisting of the compounding, processing and packaging of products for wholesale or retail trade. (1998 Code)

Private stables and paddock areas shall be located on the rear half of the lot and not closer than twenty feet (20') to any property line, nor closer than forty feet (40') from any dwelling on the same or adjoining property. The minimum lot area required for a private stable or paddock is one acre, on which two (2) horses may be kept. One additional horse may be kept for each twenty thousand (20,000) square feet by which the parcel of land exceeds one acre. (1998 Code)

   A.   Conditions For Allowance: Home occupations may be allowed in any residential district under the following conditions: no hobby, vocation, or profession shall adversely affect the character of the uses permitted in the zoning district in which the property is located or violate any state statute or city ordinance or policy.

   B.   Permitted Home Occupations: Permitted home occupations are where no customers visit the premises. The following criteria must be met for a permitted home occupation:

      1.   Percent Of Structure Used: Not more than fifty percent (50%) of the square footage of the structure shall be used for a home occupation.

      2.   Employees: No person is employed other than a member of the household residing on the premises and two (2) other persons.

      3.   Equipment: No mechanical or electrical equipment is to be used if the operation of such equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered.

      4.   Proof Of Compliance: A person having a home occupation shall provide proof of meeting the aforementioned requirements of this section if complaints are received by the city council.

   C.   Special Conditional Use Home Occupations:

      1.   Criteria: Special conditional use home occupations are that of a business profession that would generate traffic or customers visiting the premises. Special conditional use home occupation daycare facilities are subject to State regulations and are exempt from this provision. The following criteria must be met for a special conditional use home occupation:

         a.   Percent Of Structure Used: Not more than fifty percent (50%) of the square footage of the structure shall be used for a home occupation.

         b.   Employees: No person is employed other than a member of the household residing on the premises and two (2) other persons.

         c.   Equipment: No mechanical or electrical equipment is to be used if the operation of such equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered.

         d.   Proof Of Compliance: A person having a home occupation shall provide proof of meeting the aforementioned requirements of this section if complaints are received by the City Council.

         e.   Sign: A sign on the premises shall consist of not more than one single-faced, unlighted wall sign installed flush to the structure with a maximum area of two (2) square feet.

      2.   Conditional Use Permit:

         a.   Considerations: In acting upon an application for a conditional use permit for a home occupation the City shall consider:

            (1)   The effect of the proposed use upon the health, safety and general welfare of the City and on surrounding properties including but not limited to the factors of noise, glare, odor, electrical interference, vibration, dust and other nuisances; fire and safety hazards; existing and anticipated traffic conditions; and parking facilities on adjacent streets and land.

            (2)   The impact on governmental facilities and services, including roads, sanitary sewer, water and police and fire.

         b.   Term: The conditional use permit is valid for one year from date of issuance unless otherwise specified in the resolution for approval and thereafter shall be automatically renewed each year unless objections or complaints are received from neighboring property owners, the City Council or City staff and a request for review is made.

   D.   Prohibited Home Occupations: All home occupations not permitted or conditionally permitted, are prohibited. Examples of prohibited home occupations are motorized vehicle repair, salvage yards, animal kennels, animal hospitals, and small engine repair.

   E.   Procedures And Permits:

      1.   A conditional use permit will become void if the home occupation is discontinued or abandoned for a period of one year.

      2.   Home occupation permits shall not run with the land and shall not be transferable or handed down from generation to generation. (1998 Code)

   A.   Fuel Pumps: Fuel pumps may be permitted to encroach into a required yard provided they are not less than fifteen feet (15') from any street right-of-way lines.

   B.   Fencing And Screening: When adjacent to residential property, there shall be a screening fence.

   C.   Vehicles: No vehicle shall be parked or be waiting service longer than fifteen (15) days.

   D.   Exterior Storage: Exterior storage besides vehicles shall be limited to service equipment and items offered for sale. Exterior storage of items offered for sale shall comply with yard setback requirements and shall be placed in containers such as the racks, metal trays, and similar structures designed to display merchandise.

   E.   Screening: All areas utilized for the storage or disposal of trash, debris, discarded parts, and similar items shall be screened. All structures and grounds shall be maintained in an orderly, clean and safe manner. Junk cars, empty cans, and other unsightly materials are not permitted in an area subject to public view. (1998 Code)

   A.   Purpose: To minimize land use conflicts and potential nuisance caused by mining operations.

   B.   Conditional Use Permit: A conditional use permit shall be required for all commercial mining and gravel extraction operations. Said permit shall be valid for a one-year period; after which a permit renewal shall be required.

   C.   Information Required: The following information shall be provided by the person requesting the permit:

      1.   Name And Address: Name and address of person requesting the mining permit.

      2.   Legal Description: The legal property description of area to be mined.

      3.   Plat; Topographical Map: If requested by the City Engineer or Council, a plat and topographical map of the proposed area to be graded.

      4.   Agreements: Copies of any agreements contemplated or entered into between the owner of said property and any other person charged with performance of such grading;

      5.   Bond; Cash Deposit: A bond or certified check in the amount of one thousand dollars ($1,000.00) payable to the City conditioned upon compliance with the terms and provisions of this Chapter.

      6.   Permit Fee: A permit fee is required in accordance with City fee schedule. In the event said application for permit is denied, the fee shall be returned to the applicant.

      7.   City Engineer:

         a.   Approval Required: In all cases, each application for permits for the above must be approved by the City Engineer before the permit is granted.

         b.   Procedures; Processes: Also, in all cases of the above, the City Engineer has the right to review procedures, processes and results in view of the operations to determine whether they are in accordance with general public welfare and safety through regular on-site inspections.

         c.   Order To Cease Operation: The City Engineer, upon determining the permittee's operation creates a serious and immediate safety hazard, may order the operation ceased for a period of seventy two (72) hours.

         d.   Notice To Cease; Special Meeting: Upon so ordering the City Engineer shall immediately notify the Mayor and the permittee in writing of the hazard and the Mayor shall call a special meeting of the Council. The permittee shall be requested to attend this meeting.

         e.   Withdrawal Of Permit: If the Council determines that an immediate safety hazard exists, the permit shall be withdrawn until the permittee complies with Council directives to eliminate the hazard.

      8.   Other Information: Any other information requested by the Planning Commission or City Council.

   D.   Land Rehabilitation: All mining sites shall be rehabilitated immediately after mining operations cease. Rehabilitation shall be completed within one calendar year after operation ceases. The following standards shall apply:

      1.   Removal Of Buildings, Structure And Plants: Within a period of one year after the termination of a mining operation, all buildings, structures and plants incidental to such operation shall be dismantled and removed by, and at the expense of, the mining operator last operating such buildings, structures and plants.

      2.   Grading; Backfill: The peaks and depressions of the area shall be graded and backfilled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding, and which will minimize erosion due to rainfall. No finished slope shall exceed eighteen percent (18%) in grade.

      3.   Sodded; Surfaced With Soil: Reclaimed areas shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth of at least three inches (3").

      4.   Planted: Such required topsoil shall be planted with legumes and grasses. Trees and shrubs may also be planted but not as a substitute for legumes and grasses. Such planting shall adequately retard soil erosion. (1998 Code)

   A.   Purpose: To minimize land use conflicts and potential nuisance caused by the reclaiming of land.

   B.   Conditional Use Permit: A conditional use permit shall be required for all land reclamation. Said permit shall be valid for a one-year period; after which a permit renewal shall be required. The City Council may also require a performance bond from the landowner.

   C.   Information Required: The following information shall be provided by the person requesting the permit:

      1.   Name and address of person requesting the permit.

      2.   The exact legal property description and acreage of area to be reclaimed.

      3.   The following maps of the entire site and to include all areas within five hundred feet (500') of the site. All maps shall be drawn at a scale of one inch to one hundred feet (1" = 100') unless otherwise stated below:

         a.   Map A, existing conditions, to include:

            (1)   Contour lines at five foot (5') intervals.

            (2)   Existing vegetation.

            (3)   Existing drainage and permanent water areas.

            (4)   Existing structures.

         b.   Map B, finished grade plan, to include:

            (1)   Contour lines at five foot (5') intervals.

            (2)   Type and amount of fill to be used.

      4.   A soil erosion and sediment control plan.

      5.   A plan for dust, noise and rodent control.

      6.   A full and adequate description of all phases of the proposed operation to include an estimate of duration of the reclamation operation.

      7.   Any other information requested by the Planning Commission or City Council, including a land rehabilitation plan.

   D.   Land Rehabilitation: All mining sites shall be rehabilitated immediately after mining operations cease. Rehabilitation shall be complete within one calendar year after operation ceases. The following standards shall apply:

      1.   Grading: The peaks and depressions of the area shall be graded and backfilled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding, and which will minimize erosion due to rainfall. No finished slope shall exceed eighteen percent (18%) in grade.

      2.   Sodded; Surfaced With Soil: Reclaimed areas shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth of at least three inches (3").

Such required topsoil shall be planted with legumes and grasses. Trees and shrubs may also be planted but not as a substitute for legumes and grasses. Such planting shall adequately retard soil erosion.

      3.   Performance Bond: A performance bond may be required for land rehabilitation. (1998 Code)

   A.   Conditional Use: Bed and breakfast establishments shall be allowed as a conditional use in all residential and business districts.

   B.   Applicable City Standards:

      1.   Number Of Rooms: The number of lodging rooms in any building shall not exceed ten (10) unless in the opinion of the Planning Commission and City Council, conditions warrant additional rooms.

      2.   Other Standards: All other standards related to conditional uses and applicable standards in this Title including those for signs, parking, etc., shall be applicable to these types of establishments. (1998 Code)

Communication towers may be allowed as a conditional use in business and industrial districts.

   A.   Review: The City may review all requests in regard to height, means of support, lighting, security, and any other relevant issue.

   B.   Other Standards: All other standards related to conditional uses and applicable standards in this Title including those for signs, fencing, parking, etc., shall be applicable to these type of establishments. (1998 Code)

   A.   Residential Districts.

      1.   Permit: Upon application, an applicant is permitted to have on the applicant's property one storage pod, or any similar temporary structure used by persons residing on or moving into the property, for a period not to exceed thirty (30) days. The zoning administrator shall have discretion to permit one extension to this time period.

      2.   Location: The Storage Pod must be placed on the driveway of the premises or in such location on the property that is not in the street right of way. Each applicant is limited to one (1) Storage Pod at a time per property.

   B.   Business and Industrial Districts.

      1.   . Any use of and duration of use of Storage Pods must be approved by the zoning administrator on a case-by-case basis.

      2.   The Storage Pod must not become a permanent fixture on the property.

      3.   The Storage Pod must be located on the same property as a permanent structure and must not be located on a vacant lot. (Ord. 969, 4-18-2022)

Time Limits:

   A.   When a building permit is not required there will be a thirty (30)-day limit for dumpsters.

   B.   When a building permit is required there will be a one hundred and eighty (180)-day limit for dumpsters.

   C.   The zoning administrator will have authority to extend the time limits for dumpsters if appropriate. (Ord. 969, 4-18-2022)