The purpose of this article 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.

(Zoning Ord., § 16.01)

(a)

No model home, garage, tent, accessory building, or recreational camping vehicle shall at any time be used as living quarters, temporarily or permanently, except as may be approved in emergency cases by the zoning administrator as an administrative permit.

(b)

Tents, play houses or similar structures may be used for play or recreational purposes.

(c)

Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling.

(d)

Energy conservation designs in housing, including earth-sheltered residential dwellings, are not prohibited by this provision of the chapter, provided that a conditional use permit is approved by the city council and the structure complies with standards imposed by the state and the state building code.

(Zoning Ord., § 16.02)

(a)

Any person desiring to improve property shall submit to the building official a survey of said premises and information on the location and dimension of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to city ordinances.

(b)

All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the city and shall be in conformity with existing streets, adopted plans, and according to the system and standards employed by the city.

(c)

Substandard lots of record shall be governed by division 2 of article II of this chapter.

(d)

Except by conditional use permit, no more than one principal building shall be located on a lot. The term "principal building" shall be given its common, ordinary meaning as defined in section 117-1.

(e)

On a through lot, both street lines shall be front lot lines for applying the yard setback regulations of this chapter. In addition, no use on a through lot or corner lot in any residential zone shall maintain direct access to any arterial street designated as such by the comprehensive plan.

(f)

When a development is proposed which is to be located on two or more lots, and such lots are required to meet the minimum district area and frontage requirement and/or are required by this Code to accommodate the use, the lots shall be combined in accordance with chapter 113, pertaining to subdivisions, prior to the issuing of a building permit.

(g)

Except as may be allowed pursuant to division 2 of article II of this chapter, when two or more lots are located in the same zoning district, one or more of which lack adequate area or dimensions to qualify for use under the current ordinance requirements and are contiguous and held in one ownership, they shall be combined for use in order to meet the lot requirements by subdividing the property in accordance with chapter 113.

(h)

In the case of properties which abut street easements, applicable setbacks shall be determined by the zoning administrator and related to roadway classification as identified in the comprehensive plan.

(i)

Outlots are deemed unbuildable and no building permit shall be issued for such properties.

(j)

Except as otherwise allowed by conditional use permit, or property subdivision, each lot shall have frontage and access directly onto an abutting, improved and city-accepted public street.

(k)

When two or more lots of record are to be utilized for one principal use and related accessory uses, the lots shall be combined, prior to the issuance of building permits. There shall be no exceptions to the recognition of lot lines and related setback requirements except by planned unit development (PUD).

(Zoning Ord., § 16.03)

(a)

Required standards. Every applicant for a building permit, subdivision approval, or a grading permit to allow land-disturbing activities shall adhere to erosion control measure standards and specifications contained in the MPCA publication Protecting Water Quality in Urban Areas, as may be amended, or as approved by the city engineer.

(b)

Runoff prohibited. No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties. 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)

Compliance with stormwater provisions required. All residential, commercial, industrial, and institutional developments shall satisfy the provisions of chapter 113, pertaining to subdivisions, in regard to stormwater management.

(d)

Review of plans by city engineer required. In the case of all single-family lots, multiple family lots, business, industrial and institutional developments, the drainage and erosion control plans shall be subject to the 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)

Erosion control measures. Proposed erosion control measures may be approved by the city engineer as part of the grading plan review toward grading or building permit approval. Erosion control may be specified by the city engineer as part of a site survey for individual building permits. Erosion control may also be specified by the city engineer as needed and deemed appropriate during the construction and post-construction periods.

(f)

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

(g)

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

(h)

Continued performance of control practices required. All temporary and permanent erosion and sediment control practices shall be maintained and repaired to assure the continued performance of their intended function.

(i)

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

(j)

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

(k)

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

(l)

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

(m)

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

(n)

Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels of a wetland. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. State department of natural resources regulations regarding appropriate permits shall also be strictly adhered to.

(o)

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

(p)

Requirement for elevation of foundation and 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.

(q)

Violation. The city's building official or city engineer may issue stop work orders for any violation of this chapter.

(Zoning Ord., § 16.04)

(a)

Report required prior to commencing activities. Every applicant for a subdivision approval or a grading permit to allow wetland-disturbing activities must submit a wetland assessment report to the city engineer. No subdivision approval, or grading permit to allow wetland-disturbing activities shall be issued until approval of the wetland replacement plan application or a certificate of exemption has been obtained in strict conformance with the provisions of this chapter and the applicable state laws. This chapter applies to all land, public or private, located within the city.

(b)

Measures to lessen impacts to wetland.

(1)

Concentrated runoff discharge into wetlands shall be consistent with the stormwater management guidelines subject to approval of the city engineer.

(2)

A protective buffer strip of natural vegetation of 17-foot width from the delineated edge shall surround all wetlands within areas developed or redeveloped after July 1, 2000. Grading or construction within this buffer is prohibited.

(3)

A building setback of 33 feet shall exist from the delineated edge of all wetlands within areas developed or redeveloped after July 1, 2000.

(4)

Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value. Replacement must be guided by the following principles in descending order of priority:

a.

Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland.

b.

Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation.

c.

Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment.

d.

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity.

e.

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

(Zoning Ord., § 16.05)

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 any yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibility from any street or driveway shall be unobstructed above a height of three feet, measured from where both street or driveway centerlines intersect within the triangle described as beginning at the intersection of the projected curbline of two intersecting streets or drives, thence 30 feet along one curbline, thence diagonally to a point 30 feet from the point of beginning along the other curbline. 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 three feet. These requirements shall not apply to conditions that legally existed prior to July 1, 2000, unless the zoning administrator determines that such conditions constitute a safety hazard.

(Zoning Ord., § 16.06)

Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light away from any adjacent residential use or zone or from the public streets. Direct or sky-reflected glare from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjacent property. The sources of lights shall be hooded or controlled in some manner so as not to light adjacent property. Any light or combination of lights which cast light on a public street shall not exceed one-half footcandle (meter reading) as measured from the centerline of said street. Any light or combination of lights which cast light on any adjacent property shall not exceed one-half footcandle (meter reading) as measured from the property line.

(Zoning Ord., § 16.07)

(a)

Generally.

(1)

Passenger automobiles and trucks not currently licensed by the state, or which are incapable of movement under their own power due to mechanical deficiency, which are parked or stored outside for a period in excess of 96 hours, and all materials stored outside in violation of city ordinances are considered refuse or junk and shall be disposed of pursuant to city regulations.

(2)

Any accumulation of refuse not stored in containers which comply with this Code, or any accumulation of refuse, including car parts, which has remained on a property for more than one week is hereby declared to be a nuisance and may be abated by order of the zoning administrator, as provided by state statutes and this Code. The cost of abatement shall be recovered in accordance with the applicable provisions of this Code.

(b)

Residential zoning districts. All personal property shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following:

(1)

Play and recreational facilities.

(2)

Stacked firewood for the burning supply of the property resident.

(3)

Construction and landscaping materials or equipment, if these are used or intended for use on the premises within a period of 12 months.

(4)

Agricultural equipment and materials, if these are used or intended for use on the premises within a period of 12 months.

(5)

Off-street parking of licensed passenger automobiles and personal or commercial vehicles of less than 12,000 pounds gross vehicle weight rating (GVWR) in designated driveway or parking area, surfaced in compliance with section 117-1164.

(6)

Recreational vehicles and equipment.

(c)

Commercial, public/institutional and industrial zoning districts.

(1)

Outside storage/display. Exterior storage and display shall be governed by the respective zoning district in which such use is located.

(2)

Additional standards. All exterior storage shall be screened so as not to be visible from adjoining properties and public streets except for the following:

a.

Merchandise being displayed for sale in accordance with zoning district requirements.

b.

Materials and equipment currently being used for construction on the premises.

(3)

Parking of commercial vehicles. Up to three commercial vehicles such as delivery and service trucks up to 12,000 pounds gross vehicle weight rating (GVWR) may be parked without screening if such vehicles relate to the principal use. Construction equipment, trailers, and vehicles over 12,000 pounds gross vehicle weight rating (GVWR) shall require screening in compliance with article VIII of this chapter.

(d)

All zoning districts.

(1)

Except for temporary construction trailers and mobile services operated by public service agencies (i.e., bookmobile, bloodmobiles, etc.) as allowed by the city, and trailers parked in a designated and improved loading area, no vehicle may be used for office, business, industrial manufacturing, testing, or storage of items used with or in a business, commercial or industrial enterprise, unless otherwise approved by the zoning administrator.

(2)

The city council may order the owner of any property to cease or modify open storage uses including existing uses, provided it is found that such use constitutes a threat to the public health, safety, convenience, or general welfare.

(Zoning Ord., § 16.12)

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

(Zoning Ord., § 16.15)

(a)

Purpose. The intent of this section, in addition to the purposes articulated in section 117-1030, is to regulate solar energy systems and set forth performance standards for those that are allowed in order to protect surrounding properties from any adverse effects associated with their construction and operation. The city recognizes that using roof-mounted solar energy systems and building-integrated solar energy systems for energy production is a re-emerging technology that provides an alternative to traditional sources of power, which may continue to increase in its share of energy production as non-renewable sources increase in costs.

(b)

Permit requirements. A building permit must be obtained from the city for the installation, alteration, replacement, or movement of any roof-mounted solar energy system. In certain zoning districts, a conditional use permit is also required for roof-mounted solar energy systems. Such conditional use permit applications will be considered in accordance with the city's general conditional use permit regulations set forth in article II, division 4 of this chapter as well as the performance standards listed in subsection (c) below. The city council reserves the right to add additional reasonable conditions to any conditional use permit with respect to aesthetics, height, setbacks, and location.

(c)

Performance standards. All roof-mounted solar energy systems shall be subject to the following performance standards, regardless of whether a conditional use permit is required.

(1)

Height. A roof-mounted solar energy system must not exceed the height requirement in the applicable zoning district for the structure on which it is mounted. Additionally, roof-mounted solar energy systems shall not project beyond the peak of the roof and shall not be more than three feet above the roof surface to which they are attached, irrespective of the height of the structure.

(2)

Setbacks. A roof-mounted solar energy system shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the structure on which the system is mounted.

(3)

Coverage. A roof-mounted solar energy system shall not cover more than 80 percent of the total area of the roof of the structure on which the system is mounted. To facilitate emergency responder access, a roof-mounted solar energy system must also have:

a.

At least three feet of clearance around all roof plane edges; and

b.

At least 18 inches along all ridge lines to ensure no less than a total of three feet of combined width on both sides of the ridge is available.

(4)

Certification. A roof-mounted solar energy system shall be duly certified by an accredited solar certification organization such as Underwriters Laboratories, Inc. and Solar Rating and Certification Corporation. The city reserves the right to deny a building permit for a proposed system if it is deemed to have inadequate certification.

(5)

Utility notification. Prior to the issuance of any building permit for a roof-mounted solar energy system, the owner or applicant shall confirm that arrangements for interconnection have been made with the underlying electrical utility.

(6)

Compliance. A roof-mounted solar energy system and its components are subject to any and all applicable federal, state and local laws and regulations, including, but certainly not limited to, applicable requirements of the building code, electrical code, and plumbing code.

(d)

Abandonment. A roof-mounted solar energy system that remains nonfunctional or inoperative for more than 12 consecutive months is deemed abandoned and shall constitute a public nuisance. Such an abandoned system must be removed from the structure in its entirety in accordance with all state and local requirements. Nothing provided herein shall be interpreted to prevent the city from pursuing nuisance abatement proceedings, as authorized in chapter 14, article II of this Code.

(e)

Building-integrated solar energy systems. Building-integrated solar energy systems are exempt from the requirements of this section and shall be regulated like any other building element.

(f)

Ground-mounted solar energy systems. Ground-mounted solar energy systems are prohibited in all of the city's zoning districts.

(g)

Solar energy farms. Solar energy farms are prohibited in all of the city's zoning districts.

(Ord. No. 2023-05, § IV, 8-14-2023)