(a)   When determining the number of off-street parking spaces results in a fraction, each fraction over one-half shall constitute another space.

         (b)   In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements.

         (c)   Except as provided for under joint parking and shopping centers, should a structure contain two or more types of use, the sum of each shall be calculated separately and shall be used for determining the total off-street parking required.

 

         (a)   The building or use for which a request is being made to utilize the off-street parking facilities provided by another building or use shall be located within 800 feet of such parking facilities;

         (b)   Documentation as specified by the city shall be submitted demonstrating that there is not substantial conflict in the principal operating hours of the buildings or uses (for which joint use of off-street parking facilities is proposed); and

         (c)   A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Administrator and recorded with the Clay County Recorder.

      (1)   All off-street automobile parking facilities shall be designated with appropriate means of vehicular access to a street or alley as well as maneuvering areas, as applicable. Detailed plans shall be submitted to the proper official for approval for all curb cuts or driveway openings before a permit may be obtained.

      (2)   Parking areas shall be paved with an asphalt or concrete surfacing (unless otherwise set forth under division (D) above), afford adequate drainage and shall have bumper guards where needed.

      (3)   Off-street parking areas for one or two-family uses shall be in the rear, side yards, garage, carport, upon a well-defined driveway or in an area not to exceed 12 feet in width abutting the driveway on one side only in the front yard. The parking area designated in the front yard abutting the driveway shall be surfaced with either concrete, asphalt or in cases or existing gravel driveways; gravel may be used for such additional parking.

      (4)   Off-street parking areas for multiple-family units of three or more shall park on a designated parking lot. In no case, unless approved by the Building Official in the issuance of a building permit or by the City Council in cases of conditional uses, shall parking be permitted on the front yard except within the limitation as required in the Planned Unit Development section, § 153.062 of this chapter.

      (5)   Parking areas shall be used for automobile parking only. Residential parking areas shall not be utilized to complete any type of sales and shall not be used to store vehicles, complete repair work or dismantle/servicing of any manner.

      (6)   If lighting is provided, it shall be arranged to reflect away from the residential area, and also away from any public street or highway.

      (7)   Violations shall be enforced through tagging.

      (1)   Buildings in excess of 7,500 square feet of floor area: one loading space plus one additional loading and unloading space for each additional 12,000 square feet of floor area; and

      (2)   Each loading space shall be not less than 12 feet in width, 35 feet in length, and 15 feet in height.

      (1)   The lot shall be authorized only for the parking of passenger automobiles of employees, customers, or guests associated with the individual/entity that controls, owns or operates the lot. This individual/entity shall be responsible for its maintenance;

      (2)   The parking lot shall be adequately screened from the street and from any adjoining property in a residential district. Screening should include an obscuring fence or wall not less than five feet high and shall be located along the property line to mitigate any impacts on adjacent properties; all lighting shall be arranged to reduce and/or eliminate any unnecessary glare towards or upon adjoining property in a residential district. The parking lot surface shall be smoothly graded, hard surfaced, and adequately drained;

      (3)   The parking lot owner/operator is prohibited from charging fees or any other form of compensation for use of the lot;

      (4)   The lot shall not be used for sales, repair work or any servicing of any manner;

      (5)   Access to and from the parking lot should be designed/arranged in such a manner to reduce and/or eliminate any negative impacts that may be realized by the adjacent residential district(s);

      (6)   No advertising signs or material shall be allowed on the parking lot;

      (7)   All striped parking spaces shall be located within the setback regulations as established in the associated zoning district, unless otherwise issued a variance; and

      (8)   Such other conditions as may be deemed necessary by the City Council to protect the character of the residential district.

(Ord. passed - -)

      (1)   Lot lines and dimensions;

      (2)   Location and height of all buildings, structures, above ground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors;

      (3)   Locations and height of all adjacent buildings, structures, above ground utilities and trees located within 350 feet of the exterior boundaries of the property in question;

      (4)   Existing and proposed setbacks of all structures located on the property in question; and

      (5)   Sketch, elevation drawing or diagram of the premises accurately depicting the proposed WECS and its relationship to structures on adjacent lots.

         (a)   A ratio of one foot to one foot between the distance of the closest property line to the base of the WECS to the height of the system; or

         (b)   A maximum system height of 50 feet.

         (c)   The shortest height of the two above mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA Regulation part 77 "Objects Affecting Navigable Air Space" and/or MnDOT Rule 14, MCAR 1.3015 "Criteria for Determining Obstruction to Air Navigation."

         (a)   Tower climbing apparatus shall not be located within 12 feet of the ground;

         (b)   A locked anti-climb device shall be installed on the tower; and

         (c)   Any tower capable of being climbed shall be enclosed by a locked, protective fence at least six feet high.

         (a)   Warning high voltage;

         (b)   Manufacturer's name;

         (c)   Emergency phone number; and

         (d)   Emergency shutdown procedures.

(Ord. passed - -)

      (1)   A Planned Unit Development may be established in any residential or commercial district under the conditional-use process described under § 153.022. A PUD is a designated parcel of land that encourages a creative approach to the use of land by allowing considerable flexibility in the design of the site and buildings. Specific aspects of flexibility (including permitted uses, dimensional requirements, densities, dedication requirements, and the like) shall be contingent upon review and approval by the Planning Commission and the City Council, pursuant to the conditional use permit process, and upon such approval, shall prevail over conflicting requirements listed elsewhere within this chapter or within the Dilworth Subdivision Ordinance.

      (2)   The intent of the PUD regulations is to permit greater flexibility and, consequently, more creative and imaginative design for the development of residential areas than under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural scenic qualities of open spaces.

      (1)   It is the intent of this section that subdivision review, under the Subdivision Ordinance, be carried out simultaneously with the review of a Planned Unit Development under this section.

      (2)   The development plans submitted under this section must be submitted in a form which will satisfy the requirements of the Subdivision Ordinance for preliminary and final plats.

      (3)   The requirements for both this section and those of the Subdivision Ordinance shall apply to all Planned Unit Developments, and all actions of the City Council pertaining to Planned Unit Developments shall be based upon a recommendation by the Planning Commission.

            1.   Common open space shall comprise at least 25% of the gross area of the Planned Unit Development to be used for recreational, park or environmental amenities for the collective enjoyment by occupants of the development. Open space dedications are non-inclusive of public or private streets, driveways, or utility easements, provided, however, that up to 75% of the required open space may be composed of open space on privately owned properties dedicated by easement to assure that the open space will be permanent.

            2.   Recreation facilities, recreational structures and any accessory uses located in common recreation areas shall be considered open space under the provision that total impervious surfaces (paving, roofs, and the like) constitute no more than 5% of the total open space.

      (6)   All land shown on the final development plan as common open space must be conveyed under one of the following options:

         (a)   It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures, or improvements which have been placed on it; or

         (b)   It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the Planned Unit Development. The common open space must be conveyed to the trustees subject to covenants to be approved by the Planning Commission which shall restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continued use for its intended purpose.

      (7)   Existing trees shall be preserved, where possible. The location of trees must be considered when planning the common open space, location of buildings, underground services, walks, paved area, playgrounds, parking areas, and finished grade levels.

      (1)   An application for approval of a PUD shall be filed with the Zoning Administrator. The PUD applications shall be filed in the name or names of the recorded owner or owners of property included in the development and/or the applications may be filed by holder(s) of an equitable interest in such property.

      (1)   If construction has not been initiated within 12 months from the approval date of the PUD, said approval shall lapse and be of no further effect. The Planning Commission, upon showing of good cause by the applicant, may extend for period(s) of six months, the time for beginning construction.

      (2)   After general construction commences, the Zoning Administrator shall review, at least once every year, all building permits issued and compare them to the overall development phasing program. If the Zoning Administrator determines that the rate of construction (residential units or nonresidential structures) substantially differs from the phasing program, city staff shall notify the applicant and Building Official, in writing; thereafter, the Building Official may issue such orders to the applicant which may include the suspension of further construction or other sanctions as deemed appropriate by the city.

      (1)   PUD districts shall be located with respect to major streets and highways or other transportation facilities. Consideration should be given to the means in which the local transportation network is connected with streets, alleys or roadways within the PUD. Standards of design and construction for roadways, both public and private, within planned residential development districts may be modified as is deemed appropriate by the City Council, after receipt of recommendations from the Fire Chief, Chief of Police, Street Department and City Engineer. Right-of-way width and street roadway widths may be reduced as deemed appropriate by the City Council, specifically where the following is identified: the PUD plan provides for the separation of vehicular and pedestrian circulation patterns and establishes adequate off-street parking facilities.

      (2)   If the owners in the future should request that the private streets be changed to public streets, the owners do fully agree that, before acceptance of such streets by a local government body, the owners will bear full expense of reconstruction or any other action necessary to make the streets fully conform to the requirements applicable at that time for public streets, prior to dedication and acceptance. Finally, the owners agree that these streets shall be dedicated to public use without compensation to the owners and without the owners' expenses in making such streets conform to the requirements applicable at that time for public streets, if at some future date, a local governing body so requests.

      (1)   Non-residential uses, limited to those specifically approved by the Planning Commission, are permitted in a Planned Unit Development, provided that such uses are primarily established for the service/convenience of the residents of the development.

      (2)   Layout of parking areas, service areas, entrances, exists, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences, shall be such as to protect residential character within the PUD District and desirable character in any adjoining residence district.

      (1)   The plan conforms to the city's Comprehensive Plan and Future Land Use Plan;

      (2)   The plan is designed to form a desirable and unified development within its boundaries;

      (3)   The proposed uses will not be detrimental to present or future land uses in the surrounding area;

      (4)   Any exceptions to the standard requirements of the Dilworth Zoning and Subdivision Ordinances are justified by the design of the development;

      (5)   The plan will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the PUD; and

      (6)   The PUD will not have a unique or adverse impact on the reasonable enjoyment of the neighboring property.

(Ord. passed - -)

      (2)   A person seeking a permit shall contact the Building Official to receive an application for inspecting the property and must file the completed application form with the Zoning Administrator. The applicant shall present plans to the Building Official which at minimum, shall indicate lot size, orientation of the structure on the property respective to setback requirements and lot coverage requirements. The plan review shall be charged at 65% of the building permit fee (§ 107.3 Uniform Building Code) and a mileage charge (consistent with federal mileage rate) will apply if buildings are located outside the established metropolitan urban area. The Building Official shall physically inspect all buildings to be moved within/into the city (unless the building/structure is new construction and an inspection report from a Building Official is provided declaring the building/structure consistent with applicable codes).

      (3)   Upon receipt of a completed moving permit application, which shall include an inspection report from the Building Official(including filing fee), the Zoning Administrator shall schedule a hearing before the Planning Commission to consider the permit application, and mail notices to neighboring landowners within 350 feet of the boundary of the property to which the structure is proposed to be located. Such written notice shall be mailed at least 10 days prior to the hearing and a copy of the hearing notice and list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this section, provided a bona fide attempt has been made to comply with the notice requirements in this section.

      (4)   Any application for a permit shall be accompanied by a permit fee, which shall be in an amount equal to the fee charged for a conditional use permit. Such fee shall not be refundable if the permit is denied.

      (5)   Notice of the hearing and a copy of the application shall be provided to the Dilworth Public Works Department, Dilworth Police Department, Northern States Power Company, and Red River Valley Co-op (city staff requirement).

      (6)   The Planning Commission, in determining whether or not to recommend approval of the moving permit, shall consider the same criteria that apply to the issuance of conditional use permits. In addition, they shall consider the following factors:

         (a)   Whether the building/structure is potentially structurally unsafe and could endanger persons or property within the city if moved;

         (b)   Whether the structure is structurally sound and capable of meeting Building Code requirements subsequent to the move; and

         (c)   To note, the Building Official may require code compliance work to be completed before the structure is allowed to be re-located.

      (7)   Any permit granted must be in compliance with the rules of the Northern State Power Company, and/or Red River Valley Co-op relative to the interruption of electrical service to its customers.

      (8)   The Planning Commission, in recommending approval of a permit, may institute conditions upon the permit which may include, but not limited to the following.

         (a)   The route to be followed in moving the structure;

         (b)   The date and time limits in which the building may be moved;

         (c)   The amount of time in which Northern State Power Company, and/or Red River Valley Co-op or other association or corporation owning, operating or controlling wires or cable that must be moved or displaced to accommodate the move has to remove or displace wires or cables after receipt of notice of the time of the move and the amount of cash deposit, performance bond or completion bond that should be required by the City Council, if any;

         (d)   The amount of a cash deposit or letter of credit for estimated costs that may be incurred on behalf of the city, as required by the City Council; and

         (e)   Alterations or repairs that must be made to the structure to comply with Building Code requirements and/or to upgrade the building to maintain neighborhood integrity and appearance.

      (9)   After recommendation by the Planning Commission, the matter shall be placed on the agenda of the next City Council meeting. A favorable vote of a majority of the Council members present shall be required to approve the permit.

      (10)   If a permit is approved, a cash deposit, performance bond or completion bond in an amount set in the permit (if any) shall be filed with the City Administrator prior to the issuance of the permit, and be signed by a good and sufficient surety, setting forth the completion date therein. Such bond, if required, is for the purpose of ensuring that alterations and repairs to the structure as required within the Building Code or as required as a condition of the permit, are accomplished. The date of completion shall be set by the City Council and the Building Official.

      (11)   In cases where a building is being moved outside the city limits of Dilworth, or in the case where an accessory building or single story garage are to be moved, the application and application fee shall be filed with the Zoning Administrator, but no hearing or approval of the Planning Commission or City Council is required unless otherwise deemed necessary by the Zoning Administrator. In this circumstance, the Zoning Administrator may approve the permit and attach any conditions permitted within division (C)(8) above after providing notice and having consultation with the Dilworth Public Works Department, the Dilworth Police Department and Northern States Power Company, and/or Red River Valley Co-op. Any applicant whose moving permit is denied by the Zoning Administrator under this section may appeal such decision to the City Council within 14 days of the denial of the permit.

      (1)   The person to whom a permit has been issued shall, before raising or moving any building or structure to which electrical wires, cables or piping for any purpose are attached, shall notify the persons, associations or corporations owning or controlling such electric wiring, cables or piping. The person, association or corporation following notification, shall, within the time established on the permit, or if no time is established in the permit, within a reasonable time thereafter, disconnect and make safe the electric wires, cables or piping.

      (2)   In every case in which a permit is issued as herein provided, it shall be the duty of the person, association or corporation with ownership or controlling interests in the wire, cable or pipe to remove or displace the utility. The cost shall be the burden of the person whom receives the permit, or as otherwise negotiated between the person and the utility provider.

      (3)   The person to whom a permit has been issued shall notify the Dilworth Police Department, Dilworth Public Works Department, Northern States Power Company, and/or Red River Valley Co-op, and the person, association or corporation owning, operating or controlling such wire, cable or pipe, to remove or displace the utility concurrently with the removal of said house, building or structure. Such time shall conform with the conditions of the permit on time of move, if any, and the period of time in which Northern States Power Company, Red River Valley Co-op or other association or corporation has to move or displace overhead wires or cables shall be as set out in the permit, and if no time is set out in the permit, within a reasonable time thereafter to remove or displace such wires or cables sufficiently to allow the passage of said house, building or structure.

      (1)   Manufactured structures approved by state and local building authorities shall be exempt from the provisions of this section, when otherwise in compliance with § 153.045;

      (2)   A state license will not be required for anyone moving a dwelling not exceeding 600 square feet in area or a residential accessory building, storage building, or similar building provided the building does not exceed 900 square feet in area and the loaded width, exclusive of eaves, in all cases does not exceed 24 feet.

      (1)   Every person violating any of the provisions of this section shall, upon conviction, be penalized in accordance with the schedule of fines established by the City Council.

      (2)   Nothing contained in this penalty provision shall prevent the city from obtaining a proper injunction or restraining order directed against any person violating any of the provisions of this section from the District Court for Clay County, Minnesota, in addition to such other penalties as allowed by this chapter.

(Ord. passed - -)

      (1)   Signs not exceeding two square feet in area and bearing only property numbers, post box numbers and names of occupants of premises;

      (2)   A sign not exceeding two square feet in area which is non-illuminated and mounted flat against the wall of the principal building is allowed for home occupations;

      (3)   Flags and insignias of any government except when displayed in connection with a commercial promotion;

      (4)   An advertising sign in connection with a lawfully maintained nonconforming use or conditional use, which complies with the conditions of approval, if any, and division (B) below;

      (5)   Legal notices, identification, informational or directional signs erected or required by governmental bodies;

      (6)   A sign advertising only the sale, rental or lease of the building or premises, which may not exceed 16 square feet in area and five feet in height;

      (7)   A sign not to exceed 32 square feet in area is permitted for each entrance to a subdivision or tract identifying the subdivision or tract name;

      (8)   A sign not to exceed 32 square feet in area is permitted for each entrance to a subdivision advertising the availability of lots in a subdivision. All signs meeting this criteria may remain up until 75% of lots in the subdivision are sold, or three years following substantial completion of the subdivision development, whichever comes first;

      (9)   Signs measuring not more than 16 square feet in area connected with political elections and in conformance with Minnesota Statutes;

      (10)   On-site signs during construction, not to exceed 32 square feet, advertising contractors, financial institutions, or other services associated with the development of commercial or residential properties; and

      (11)   No exempt sign(s) shall be placed upon city property or right-of-way without Planning Commission approval.

      (1)   The on-premise sign is located in a commercial zoning district (C-1, C-2 or C-3), or an industrial zoning district (I-1 or I-2);

      (2)   On-premises signs for nursing homes, assisted living facilities, retirement homes, child care centers, publicly owned governmental and cultural buildings, government and publicly regulated utility buildings and structures, religious institutions, and day care facilities are permitted;

      (3)   A sign permit must be obtained prior to installation of any commercial signs, with the exception of signs mounted flat against a building or that are otherwise not regulated by this chapter;

      (4)   The foundation base and posts of all signs may not be located upon city property or rights-of-way unless approved by the Planning Commission;

      (5)   No part of any sign or projection may protrude over the public right-of-way within six feet of the actual or proposed curb line. Signs, marquees, awnings and similar projections may project over the right-of-way a maximum of six feet provided no part is within six feet of the curb line and that it is over eight feet above the sidewalk or the average grade at property line when no sidewalk is in place. If the street is widened, the sign would have to be removed or adjusted at the owner's expense to maintain the six foot distance of the curb regulation;

      (6)   No part of any sign or projection may be located within 30 feet of the intersecting curb line of an intersection if it shall impede vision between a height of 30 inches and eight feet;

      (7)   All sources of artificial light other than street lights shall have a fixed direction and shall be designed to not increase the amount of light to any abutting residential lot nor to confuse, distract, or be a hazard to vehicular traffic;

      (8)   All sign installations shall also conform to Minnesota Department of Transportation and Federal Aviation authorities wherever applicable; and

      (9)   It is the obligation of the installer to check for any or all underground utilities or services before excavating for sign foundations.

      (1)   A conditional use sign permit must be obtained prior to installation of any off-premise signs;

      (2)   The foundation base and posts of all signs may not be located upon city property or rights-of-way unless approved by the Planning Commission;

      (3)   The off-premise sign is located in a zoning district that allows off-premise signs as a conditional use;

      (4)   Off-premise signs must be set back from residential zoning district boundaries a distance of 250 feet. Setback dimensions will be a straight line measurement from the residential district boundary to the center line of the sign standard;

      (5)   The off-premise sign measures no more than 99 square feet in area, inclusive of the border and trim, but exclusive of the base or apron, supports, or other structural members;

      (6)   The height of any off-premise sign, including support structures measured from the highest centerline grade of any adjacent street, may not exceed 35 feet when located closer than 100 feet from a property line and not more than 50 feet when located more than 100 feet from a property line. Height measurement will be taken from the highest centerline grade of any adjacent street;

      (7)   No off-premise signs may be located closer than 250 feet apart, unless separated by an interstate highway or principal arterial. Separation will be a straight line measurement from the center line of the sign standards;

      (8)   It is the obligation of the installer to check for any or all underground utilities or services before excavating for sign foundations;

      (9)   All sign installations shall also conform to Minnesota Department of Transportation and Federal Aviation authorities wherever applicable; and

      (10)   All sources of artificial light other than street lights shall have a fixed direction and shall be designed so that the source of light is directed away from adjoining residences, streets, or sidewalks.

      (1)   Off-premise electronic changeable copy or graphic display signs must be set back from residential zoning district boundaries a distance of 500 feet. Set back dimensions will be a straight line measurement from the residential district boundary to the center line of the sign standard;

      (2)   The electronic portion of a sign is limited to the allowable size for off-premise signs;

      (3)   The electronic message must have a display duration of seven seconds that is static during each individual message. No portion of the message may flash, scroll, twirl, change color, fade in or fade out, or imitate movement. The transition from one static display to another must be instantaneous;

      (4)   The text of the electronic message must be limited to allow the entire copy to be read with minimal distraction;

      (5)   Every line of copy and graphics in a display must be at least seven inches in height on a road with a speed limit of 25 - 34 miles per hour, nine inches on a road with a speed limit of 35 - 44 miles per hour, and 12 inches on a road with a speed limit of 45 per miles per hour or more;

      (6)   Every off-premise electronic changeable copy or graphic display sign must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with the means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the display when notified by the city that it is not complying with the standards of this section;

      (7)   No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle:

      (8)   No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal;

         (a)   Day: 7,500 nits; and

         (b)   Night: 500 nits.

      (10)   To ensure compliance with this section, the sign must have an automatic phased proportional dimmer, which must be used to reduce nighttime brightness levels (compared to daytime brightness levels). Further, prior to the issuance of a permit for an electronic message board sign, the applicant shall provide written certification from the sign manufacturer that the light intensify has been factory preset not to exceed the levels specified above and the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the city.

      (1)   A conditional use sign permit must be obtained prior to installation of any billboard sign;

      (2)   The foundation base and posts of all signs may not be located upon city property or rights-of-way unless approved by the Planning Commission;

      (3)   The billboard sign is located in a zoning district that allows billboard signs as a conditional use;

      (4)   Billboard signs must be set back from residential zoning district boundaries a distance of 250 feet. Set back dimensions will be a straight line measurement from the residential district boundary to the center line of the sign standard;

      (5)   The billboard sign measures no less than 100 square feet but shall not exceed 300 square feet in area, inclusive of the border and trim, but exclusive of the base or apron, supports, or other structural members:

      (6)   The height of any billboard sign, including support structures measured from the highest centerline grade of any adjacent street, may not exceed 35 feet when located closer than 100 feet from a property line and not more than 50 feet when located more than 100 feet from a property line. Height measurement will be taken from the highest centerline grade of any adjacent street:

      (7)   No billboard signs may be located closer than 5,000 feet apart, unless separated by an interstate highway or principal arterial. Separation will be a straight line measurement from the center line of the sign standards:

      (8)   No billboard sign may be located closer than 250 feet from any off-premise sign, unless separated by an interstate highway or principal arterial. Separation will be a straight line measurement from the center line of the sign standards;

      (9)   It is the obligation of the installer to check for any or all underground utilities or services before excavating for sign foundations:

      (10)   All sign installations shall also conform to Minnesota Department of Transportation and Federal Aviation authorities wherever applicable:

      (11)   All sources of artificial light other than street lights shall have a fixed direction and shall be designed so that the source of light is directed away from adjoining residences, streets, or sidewalks.

      (1)   Billboard electronic changeable copy or graphic display signs must be set back from residential zoning district boundaries a distance of 500 feet. Set back dimensions will be a straight line measurement from the residential district boundary to the center line of the sign standard;

      (2)   The electronic portion of a sign is limited to the allowable size for billboard signs;

      (3)   The electronic message must have a display duration of seven seconds that is static during each individual message. No portion of the message may flash, scroll, twirl, change color, fade in or fade out, or imitate movement. The transition from one static display to another must be instantaneous;

      (4)   The text of the electronic message must be limited to allow the entire copy to be read with minimal distraction;

      (5)   Every line of copy and graphics in a display must be at least seven inches in height on a road with a speed limit of 25 - 34 miles per hour, nine inches on a road with a speed limit of 35 - 44 miles per hour, and 12 inches on a road with a speed limit of 45 per miles per hour or more;

      (6)   Every billboard electronic changeable copy or graphic display sign must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with the means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the display when notified by the city that it is not complying with the standards of this section;

      (7)   No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle;

      (8)   No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal;

         (a)   Day: 7,500 nits; and

         (b)   Night: 500 nits.

      (10)   To ensure compliance with this section, the sign must have an automatic phased proportional dimmer, which must be used to reduce nighttime brightness levels (compared to daytime brightness levels). Further, prior to the issuance of a permit for an electronic message board sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified above and the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the city.

      (1)   That the portable sign is located in a business (C-1, C-2 or C-3) or industrial (I-1 or I-2) zone;

      (2)   On-premise portable signs are used for directing attention to a business, profession, product, service, activity or entertainment conducted, sold or offered on the same premises upon which the sign is located. Portable signs for this purpose can only be erected for up to 30 days at a time. Entities must wait 60 days following the removal of a portable sign before erecting another on-premise portable sign;

      (3)   Portable signs advertising special events or fundraisers held within the city for non-profit organizations are permitted for a period not to exceed 30 days prior to an event;

      (4)   That no portable sign may exceed 60 square feet in area or 8 feet in height;

      (5)   That no portable sign may be placed upon public right-of-way without consent of the Planning Commission;

      (6)   No portable sign may have blinking, flashing or fluttering lights or other illuminating devices which have a changing intensity, brightness, or color;

      (7)   Only one portable sign may be placed upon a parcel at any given time, except in the case of multiple-tenant sites with six or more active businesses, where two portable signs will be allowed on the parcel at any given time; and

      (8)   Businesses are allowed to utilize 28 days worth of off-premise portable signage in a calendar year. These signs are only allowed a maximum of 14 consecutive days. After the removal of an off-premise portable sign, businesses must wait 60 days before erecting another off-premise portable sign.

(Ord. passed - -; Ord. 21-02, passed 3-8-2021)

      (1)   Fences may be built up to property lines within the private property of the person, firm or corporation constructing or causing the construction of such fence. The City of Dilworth encourages the use and combination of various screening methods and is not intended to imply or recommend a continual buffer strip of one type/use/technique. It is the responsibility of the property owner to locate all property lines.

      (2)   Construction of a fence within an easement may be permitted with prior authorization from the City of Dilworth. Any fence within an easement is subject to removal at the owner's expense.

      (1)   Electric fences shall only be permitted in the TZ District when related to farming, hobby farms or similar uses. Additionally, electric fences shall be permitted on any farm (with operational farm uses) located within any other zoning district provided the fence shall be a minimum of five feet from all property lines;

      (2)   Barbed wire fences are not permitted in any districts within the city except as permitted in division (E) below; and

      (3)   Chicken wire fences are permitted along the perimeter of garden areas or as a protection means for newly planted trees or shrubs and shall be seasonal in nature and not permanent.

      (1)   Fences in side or rear yards, from the rear lot line to the front building line, shall not be more than six feet in height above ground elevation (see Exhibit 1);

      (2)   Corner lots with abutting alley: fences located in side yards (secondary street side only) of properties abutting a road, shall not exceed four feet in height and adhere to the opacity requirements as stipulated in division (H)(3) below (see Exhibit 2);

      (3)   The finished side of fences shall face outwards towards neighboring properties. The finished side is described as the side of the fence without exposed supports or posts, unless the fence design has both sides exposed by supports or posts;

      (4)   Fences shall not obstruct natural drainage; and

      (5)   Swimming pool, spa and hot tub fencing shall be in conformance with all building codes.

   Exhibit 1

   Exhibit 2

      (1)   Business and industrial fences may be erected up to eight feet in height; and

      (2)   Fences which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet above the ground.

      (1)   Fences for special purposes and fences differing in construction, height, or length may be permitted in any district in the city provided that the reasons submitted in writing by the applicant to the Zoning Administrator demonstrate the purpose is necessary to protect, buffer or improve the premises for which such fence is intended.

      (2)   Snow fences are permitted from November 1 to April 15. Snow fences must be contained on private property and set back at least ten feet from an abutting street. Snow fences shall only be constructed of perforated plastic sheeting, cedar, or other lightweight slated wood.

      (1)   Where any business, industrial use or multi-family building of four or more units (i.e., structure, parking or storage) abuts or is across the street from property zoned for residential use, screening shall be provided along the shared boundary line, unless shared boundary line is a front elevation/yard; provided, however, that the provisions of this section will not apply where a multi-family building abuts property also zoned for multi-family use.

      (2)   In lieu of a screening fence, green belt planting strips are allowed. A green belt planting strip shall consist of evergreen trees and/or deciduous trees and plants. The strip shall be sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a minimum height of six feet. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required screen. The planting plan and type of plantings shall require approval of the city.

      (3)   Screening fence(s) shall be constructed of masonry, brick, finished wood, composite, or chain link. Such fence shall provide a solid screening effect six feet in height for multi-family uses and at least six feet for business and industrial uses. The design and materials used in constructing a required screening fence shall be subject to the approval of the city.

      (1)   A site plan for the outdoor seating and event area shall be submitted and reviewed by the city for compliance with building and fire codes. Outdoor seating and event areas shall maintain the same business hours as the liquor establishment or restaurant it is ancillary to. Occupancy limits may be set for the area.

      (2)   The site plan shall be accompanied by a narrative describing the proposed use of the area. The narrative shall address noise and sound control, emergency and security plans and other items in this section. Serving of food, alcohol and controlled substances (as applicable) shall also be addressed.

      (3)   Fencing shall be used to control and screen the area to separate it from other outdoor spaces, buildings, pedestrian areas, parking areas, or uses. If an outdoor seating and event area is within 150 feet of a residential use, an eight-foot solid fence is required on any side facing the residential use.

      (4)   Lighting shall be diffused and directed on the outdoor dining, seating and event area. Lighting shall meet the performance standards of this chapter.

      (5)   Access to the area shall be through the building occupied by the business. One-way egress to an outdoor parking area, sidewalk or right-of-way is allowed.

      (6)   The city may require Planning Commission review of the application. Any appeal or interpretation of ordinances regarding a specific application is subject to review of the Planning Commission.

      (7)   All outdoor seating and event areas shall comply with the Minnesota Clean Indoor Air Act.

(Ord. passed - -; Ord. 21-07, passed 6-28-2021; Ord. 24-11, passed 11-12-2024)

         (a)   For day care facilities as a principal use, there shall be adequate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with § 153.060. Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with § 153.065; and

         (b)   When a day care 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.

(Ord. passed - -)

      (1)   Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code are allowed only in the rear yard of residential zoned property; and

      (2)   Towers supporting commercial antennas and conforming to all applicable provisions of this Code are allowed only upon the following residential/commercial/industrial zoned property under conditional use permits:

         (a)   Church sites, when camouflaged as steeples, bell towers or other architecturally compatible structures;

         (b)   Park sites or other city owned property, when compatible with site conditions and adjacent uses; shall be subject to the issuance of a lease with the City of Dilworth;

         (c)   Government, school, utility, and institutional sites; and

         (d)   Industrial zone property.

      (1)   A proposal for a new commercial wireless telecommunications tower must not be approved unless the applicant proves that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a reasonable search radius of the proposed tower due to one or more of the following reasons:

         (a)   The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned or equivalent equipment at a reasonable cost;

         (b)   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified professional engineer and the interference cannot be prevented at a reasonable cost;

         (c)   Existing or approved towers and building within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified professional engineer; or

         (d)   Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

      (2)   Any proposed commercial telecommunications tower must be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user.

      (1)   Towers and antennas must be designed to blend into the surrounding environment through the use of color or other treatments, except in instances where the color/treatment is dictated by federal or state authorities such as the Federal Aviation Administration; and

      (2)   Commercial wireless telecommunication towers must be a monopole design unless the City Council determines that an alternative design would blend more appropriately into the surrounding environment. Additionally, the applicant shall be responsible for providing adequate evidence to the city that an alternative design is necessary to successfully engage in commercial telecommunication services.

      (1)   Towers must meet the setbacks of the underlying zoning district and may not encroach upon any easement, unless otherwise authorized by easement grantee and any other applicable person/entity, including easement grantor(s);

      (2)   Towers must be setback from the public right-of-way a minimum distance equal to one-half of the height of the tower including all antennas and attachments;

      (3)   Towers may not be located between a principal structure and a public street within a front or side yard, with the following exceptions:

         (a)   In industrial zoning districts, towers may be placed within a side yard abutting an internal industrially zoned street; and

         (b)   On sites adjacent to public streets (enclosed by public right-of-way), towers may be placed within a side yard abutting a local street.

      (4)   A tower's setback may be reduced or its location in relation to a public street adjusted, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure or if the applicant provides evidence that a setback reduction is necessary to successfully engage in commercial telecommunication services.

      (1)   The height of towers will be determined by measuring the vertical distance from the tower's center point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions; and

      (2)   Towers must conform to the following height restrictions:

         (a)   In all residential zoning districts, the maximum height of any tower, including antennas and other attachments, will be the maximum height restriction for primary structures within that zoning district;

         (b)   In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, must not exceed one foot for each two feet the tower is setback from a residential zoning district or a maximum height of 150 feet, whichever is less, unless the applicant provides evidence to the city that the proposed tower height is technically necessary to successfully engage in commercial communication services; and

         (c)   All towers shall conform to these maximum height restrictions, unless located upon public buildings and utility structures, church sanctuaries, steeples and bell towers.

      (1)   The placement of commercial wireless telecommunication antennas in C-1, C-2, C-3, I-1 and I-2 Districts on roofs, walls and existing towers may be approved by resolution of the City Council provided the antennas meet the requirements of this section. Requests under this division must be accompanied by a final site plan, building plan and a report prepared by a qualified professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method for affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment must be indicated.

      (2)   Private wireless communication antennas, such as satellite dishes and other similar antennas, are permitted uses in all residential districts to a maximum height of 15 feet and may not be located in a required front or side yard setback; except for private wireless communication antennas less than 30 inches in diameter which may be located within a required front or side yard setback if mounted upon a residential structure.

      (1)   Descriptions of the tower height and design including cross-section elevation(s);

      (2)   Documentation of the height above grade for all potential mounting positions for collated antennas and the minimum separation distances between antennas;

      (3)   Descriptions of the tower's capacity, including the number and type of antennas that can be accommodated;

      (4)   Documentation regarding what steps the applicant will take to avoid interference with established public safety telecommunications;

      (5)   Other information necessary to evaluate the request, as determined applicable by the city;

      (6)   For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successor to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use; and

      (7)   Before the issuance of a building permit, the following supplemental information must be submitted:

         (a)   Proof that the proposed tower complies with regulations administered by Federal Aviation Administration; and

         (b)   A report from a qualified professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards.

(Ord. passed - -)

      (1)   Building heights in excess of those standards contained in the district provisions may be allowed through a conditional use permit, provided that:

         (a)   The site is capable of accommodating the increased intensity of use;

         (b)   The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets;

         (c)   Public utilities and services are adequate; and

         (d)   For each additional story over the district limitation or for each additional ten feet above the maximum allowed per district, front and side yard setback requirements shall be increased by 10%.

      (2)   The building height limits established for district shall not apply to the following: belfries, chimneys, flues, church spires, cooling towers, cupolas, domes (non-useable floor space), elevator penthouses, flagpoles, monuments, parapet walls (not extending more than three feet above the height of the building), poles, towers, essential services, mechanical/electrical appurtenances, farm buildings, wind energy conversion systems, communication/transmission devices or other similar structures/buildings/uses.

      (3)   No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than 25% of the area of such roof nor exceed ten feet unless otherwise authorized under this chapter.

         (a)   No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish shall be permitted in any zoning district, except in association with farming operations, or in industrial zones, or as otherwise allowed by this chapter.

         (b)   Exterior building finishes shall consist of materials comparable in grade to the following: brick, natural stone, decorative concrete block, casted concrete panels, pre-cast concrete panels, wood (durable woods such as cedar, redwood and cypress encouraged), curtain panels (steel, fiberglass and aluminum - non-structural, load-bearing - provided that such panels are factory fabricated and finished with a durable non-fade surface and fasteners are corrosion resistant design), glass curtain wall panels, glass block, stucco, vinyl, steel siding, aluminum siding, masonite siding or other materials as deemed appropriate by the Building Official.

            1.   Corporate or franchise architecture shall be prohibited unless demonstrated to fit with the character of the adjacent neighborhood.

            2.   The front of any new business and any side of a building facing and visible from the street right of way or a residential lot shall be at least 50% materials other than steel or fiberglass, such as glass, wood, brick or other like materials found on residential buildings.

            3.   Rooftop mechanical equipment shall be screened in a matter that is incorporated in the architectural form of the building.

            4.   Mechanical equipment shall be screened from view of neighboring properties and public right of way.

            5.   Sidewalk shall connect front doors of business to public right-of-way. The site design shall promote walkability and compatibility with surrounding residences.

            1.   Buildings shall be attractive and constructed of materials that will maintain their appearance over the long term.

            2.   All exterior walls shall be of consistent quality and characteristics.

            3.   Exterior building walls (excluding brick) that abut or face public right-of-way shall incorporate no fewer than four architectural elements comparable to those listed below. Architectural elements contributing to this requirement shall have sufficient visual impact to be noticeable from the street, as determined by the Zoning Administrator, and may include but not limited to:

               a.   Accent materials that vary the color, type and/or texture of the walls;

               b.   Public art;

               c.   Architectural detail, such as tile work and moldings integrated into the building façade;

               d.   Windows;

               e.   Recesses/projections;

               f.   Roof overhang, which should vary according to building width as follows: one foot overhang for buildings less than 50 feet in width, two foot overhang for buildings 50 to 100 feet in width, and three foot overhang for buildings greater than 100 feet in width;

               g.   Varied roof lines, including gables, dormers, cupolas, changes in heights and/or styles;

               h.   Articulated cornice line; and/or

               i.   Canopies/awnings/porticos.

            4.   Rooftop mechanical equipment shall be screened in a matter that is incorporated in the architectural form of the building.

            5.   Mechanical equipment shall be screened from view from public right-of-way.

      (1)   No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this chapter. If the existing yard or open space is less than the minimum required, it shall not be further reduced. No required open space provided for any building or structure shall be included as part of any open space required for another structure.

         (a)   The following shall not be considered as encroachments on yard setback requirements:

            1.   Accessory structures. Accessory structures as governed by this chapter are permitted in rear yards;

            2.   Balconies, chimneys and ornamental features. Balconies, chimneys, flues, leaders, pilasters, lintels, ornamental features, sills, cornices, buttresses, eaves, gutters and the like may project not more than 2 and one-half feet into any required yard. Gutters attached to eaves may project six inches beyond the eaves;

            3.   Walks or steps. Walks or steps for negotiating ground slopes, retaining walls, hedged and natural growth, paved terraces, paved areas or similar features;

            4.   Uncovered porches, decks, stairs, stoops and ramps. Uncovered porches, decks, stairs or stoops may extend to within three feet of a side or rear lot line and ten feet beyond a front building line but may be no closer than five feet from a front property line. Multi-family buildings may have the above enumerated structures extend halfway into a required side or rear yard. Ramps for access by persons with disabilities may extend to a property line. Uncovered porches, decks, stairs and stoops for attached single family dwellings may extend to the same property line as the dwelling;

            5.   Structures for gardening or recreation, heating or air conditioning equipment. Structures used ornamentally for gardening or for private recreation purposes, structures for essential services, and heating and air conditioning equipment, all accessory to and customarily incidental to the principal use, are permitted in yards and courts. Exception: heating and air conditioning equipment is not permitted in a front yard;

            6.   Solar energy systems. Solar energy systems not included in the floor area of the building may extend five feet into any required rear yard and not closer than three feet from any interior side property line and eight feet from a side property line adjacent to a street; and

            7.   Fire balconies and escapes. Open work fire balconies and fire escapes may not extend more than three feet into a required setback.

      (1)   The lot area per unit requirement for single-family, two-family, townhouse, apartment and Planned Unit Developments shall be calculated on the basis of the total area of the subject property or properties as may be controlled by an individual or under any form of ownership structure. To note, this provision does not exempt an applicant from completing lot consolidations or any other form of lot configuration modification.

         (a)   Single-family: as specified in zoning district provisions;

         (b)   Two-family: as specified in zoning district provisions;

         (c)   Elderly housing: 1,000 square feet;

         (d)   Multiple-family: not less than 6,000 square feet for each building or dwelling group having four dwelling units or less. Dwelling units in excess of four shall have not less than a 8,500 square foot lot area and the minimum lot area per dwelling unit shall not be less than:

            1.   Efficiency one-room apartment: 1,000 square feet;

            2.   One bedroom apartment: 1,300 square feet;

            3.   Two bedroom apartment: 1,600 square feet; or

            4.   Three or more bedroom apartment: 1,700 square feet.

      (1)   Be constructed upon a permanent foundation that meets the requirements of the state Building Code;

      (2)   Not be less than 22 feet in width. Width measurements shall not take account of overhang and other projections beyond the principal walls; and

      (3)   Not be less than 700 square feet in size.

      (1)   No garage, tent, accessory building, travel trailer or motor home shall at any time be used as living quarters, temporarily or permanently;

      (2)   Energy conserving designs are encouraged and not intended to be prohibited by any provision within this chapter. However, dependent upon the energy conserving mechanism, certain requirements within this chapter may apply (i.e. screening, height restrictions, and the like) and/or may require the issuance of a conditional use permit. All structures/appurtenances shall comply with standards imposed by the state and the Uniform Building Code; and

      (3)   In a multiple-family or attached single-family development, a building for storage of lawn maintenance or snow removal equipment may be constructed in addition to any parking garages. The structure may be constructed on a common or shared lot/parcel and provided the area of the storage building does not exceed 750 square feet or 10% of the area of the common lot, whichever is less.

      (1)   Any person desiring to improve property shall submit to the Building Official an accurate description of the property to be improved including front, rear and side yard lot lines of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city provisions. To provide this information in an accurate manner, applicants may need to contact a professional/registered land surveyor;

      (2)   All buildings shall be placed to avoid platted or duly dedicated public right-of-way and any applicable access easements (private or public) to ensure streets/infrastructure may be constructed/improved by the city; and

      (3)   Except in the case of Planned Unit Developments as provided for in § 153.062, not more than one principal building shall be located on a lot in a residentially zoned area, including the R-5 District, but excluding the R-4 District.

      (1)   A permit shall be required for all swimming pools (inclusive of above-ground, in-ground or on-ground pools) with a capacity of 5,000 gallons and/or two feet or more of depth (per adopted building code). Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:

         (a)   The proposed location and its relationship (dimensional) to the other principal buildings on the lot;

         (b)   The size of the pool;

         (c)   Fencing and other fixtures existing on the lot, including utility location and trees;

         (d)   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; and

         (e)   That the requirements contained in sections below will be satisfied.

      (2)   All 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 forms of enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at least six feet in height. The bottoms of the fences shall not be more than four inches from the ground. Fences shall be of a noncorrosive material and shall be constructed to reduce a person's ability to climb the fence. 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 small children. All fence posts shall be decay or corrosion resistant and shall be set in concrete bases or other suitable protection (see § 153.065 for additional information on fencing);

      (3)   Above-ground and below-ground swimming pools are permitted in rear yards only. A minimum setback of five feet must be maintained from the edge of the pool to a side or rear property line; and

      (4)   For additional information, see Appendix G, International Residential Code which regulates swimming pools, spas and hot tubs.

      (1)   In the case of all residential subdivisions, multiple-family, commercial and industrial developments, the drainage plans with appropriate spot site elevations shall be submitted to the City Engineer for review. Final drainage plans shall be subject to written approval. In the case of such uses, no modifications in grade and drainage flow through fill, retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the City Engineer.

      (2)   Unless authorized in writing by the City Engineer, the top of the foundation and garage floor of residential dwellings may not be less than 24 inches above the top of the curb. In certain circumstances, some subdivisions or developments with covenants may require higher floor grades. See § 153.001(E)(2) for additional information on covenants, restrictions and private agreements.

      (1)   All dumpsters or comparable refuse handling equipment shall be appropriately screened from eye-level view from all neighboring uses and the public right-of-way. This provision shall not apply to the temporary use of dumpsters or refuse handling equipment for construction activities or other similar temporary uses.

      (2)   Exterior storage shall require the following:

         (a)   The enclosed trash receptacle area shall be located in the rear or side yard and shall observe all applicable setback requirements and easements;

         (b)   The trash enclosure must be in an accessible location; and

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

      (1)   In residentially zoned areas, the following items shall not be stored on a lot, unless they are within a building or enclosed within a permissible structure:

         (a)   Racing cars;

         (b)   Recreational vehicles, utility trailers, off-road vehicles, and similar equipment, in any combination thereof, in excess of two;

         (c)   Construction and landscaping material, unless they are currently being used on the premises;

         (d)   On and off-street parking of vehicles/trucks/equipment that are not registered and/or inoperable;

         (e)   Front yard exterior storage of firewood, or any exterior storage of firewood, which storage is not for the purpose of consumption by the person or persons on whose property it is stored; or

         (f)   Household storage including lawn maintenance and snow removal equipment, tools, furniture, recreational tools and equipment, when not in use, must be kept in a garage, storage building, screened enclosure in a rear yard, or behind the dwelling so as not to be visible from the street.

      (2)   All non-residential outside storage shall conform to the following conditions:

         (a)   The area occupied is not within a required front or required side yard;

         (b)   The storage area is totally fenced or fully screened. For purposes of this division, storage does not include the display of goods which are being sold at retail to the general public such as automobiles, trucks, farm equipment and similar items;

         (c)   The storage area is surfaced to control dust and drainage according to a plan submitted to and subject to approval of the City Engineer. Gravel surface storage is permitted when approved by the City Engineer;

         (d)   All lighting shall be hooded and directed in a manner that complies with division (L) above;

         (e)   The storage area does not encroach upon required parking spaces or required loading space as required by this chapter; and

         (f)   A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the City Engineer.

(Ord. passed - -)

      (1)   With the exception of a detached garage, no accessory building, structure, or use may be placed within a front yard.

      (2)   Accessory structures 200 square feet or less in size do not require a building permit; however, the structure is subject to the any other applicable provision(s) within this chapter.

      (3)   A garage (attached or detached) or accessory building or any combination thereof shall not exceed the ground coverage of the dwelling unit.

      (4)   No structure or combination of structures shall occupy more than 33% of the total lot area.

      (7)   When a garage, storage building, or other accessory structure contains a loft, attic, or second story, only the footprint of the main floor of the building shall be used to determine its size.

      (8)   If a principal building is removed from the property for any reason and not replaced with another permitted principal structure, all accessory buildings or structures remaining that result in a nonconformity or increase the properties nonconformance with this chapter shall be removed if a building permit is not issued for the principle structure within 180 days.

         (a)   Maximum garage size: 1,150 square feet;

         (b)   Maximum accessory structure size (only one permitted): 330 square feet;

         (c)   Maximum height: not to exceed height of principal structure, but no larger than 16 feet.

         (a)   Accessory structure guidelines: two accessory buildings permitted, not to exceed a total of 1,270 square feet.

         (b)   Maximum accessory structure size: 1,150 square feet.

         (c)   Maximum height: not to exceed height of principal structure, but no larger than 16 feet.

(Ord. passed - -)

      (1)   No home occupation shall produce light glare, noise, fumes, odor or vibration that will in any way have an objectionable effect upon adjacent or neighboring properties;

      (2)   No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. No equipment shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in the voltage off the premises;

      (3)   Any home occupation shall be clearly incidental and secondary to the residential use of the premises. Not more than 25% of the main floor of the dwelling unit shall be permanently set aside to be used in the conduct of the home occupation. It should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses;

      (4)   No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations;

      (5)   There shall be no exterior storage of equipment or material used in the home occupation, except personal automobiles used in the home occupation may be parked on the site;

      (6)   The home occupation shall meet all applicable ordinances, fire and building codes;

      (7)   There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling unit with the exception of directional and identification/business signs to the extent authorized by the provisions of § 153.064 relating to signs;

      (8)   No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless said occupation is contained entirely within the principal building and will not require any on-street parking facilities;

      (9)   Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than 15 feet from the curb line or edge of paved surface;

      (10)   Not more than one person other than those who customarily reside on the premises shall be employed;

      (11)   The home or occupation shall not involve any of the following: small engine or auto repair or reconditioning or manufacturing, or sale of THC products or manufacturing or sales of cannabis, hemp and/or cannabinoid products; and

      (12)   All permitted home occupations must be conducted entirely within a building and must comply with the requirements of this chapter.

(Ord. passed - -; Ord. 23-01, passed 4-24-2023; Ord. 24-09, passed 8-26-2024)

      (1)   Anyone wishing to operate a transient merchant must first obtain a permit from Dilworth City Hall. No person shall operate as a transient merchant in the city without an issued permit. Said permit will cost $200 (non-refundable) and go into the City of Dilworth's general fund revenue.

      (2)   The permit will be reviewed by Dilworth staff to ensure zoning compliance.

      (3)   If during the time the permit is in effect the transient merchant fails to maintain the required conditions pursuant to this section, the City of Dilworth may revoke the permit and the transient merchant activity shall be terminated.

      (4)   Transient merchants may appeal a City of Dilworth zoning action in accordance with § 153.025.

      (1)   Transient merchants are permitted in all commercial and industrial zoning districts (C-1, C-2, C-3, I-1, and I-2).

      (2)   A copy of a lease agreement, deed, or similar document from the property owner is required.

      (3)   All signage must comply with § 153.064.

      (4)   Transient merchants may not be permitted at a location more than 90 days per calendar year. The owner/operator may reapply for a permit at the end of their duration, but the transient merchant must be relocated at a minimum of 1000 feet (measured in radial distance) from the prior location.

      (5)   A site plan must be submitted for review and approval. The site plan shall include a mapped location of the proposed business, including existing parking spaces, roadways, sidewalks, and buildings; it should also entail measurements of distance from proposed display/enclosure to nearby parking spaces, roadways, sidewalks, setbacks, and buildings. Aerial photography, existing surveys, or plat will suffice for this purpose. The site plan shall include any photography of tents, trailers, stands, and the like that will be used. The City of Dilworth has the right to review and/or reject any site plan submitted. Once approved by the city, all site plans must be maintained by the transient merchant with the duration of the permit. Any deviation from the site plan by the transient merchant may result in revocation of the permit and the business activity shall be terminated.

      (6)   If a transient merchant distributes or prepares food products, a copy of a permit issued by Clay County Environmental Health is required to be kept on file. Revocation of the permit will constitute revocation of the transient merchant license.

      (7)   The provisions of this chapter shall not apply to any general sale, fair, auction, Loco Daze, or bazaar sponsored by any religious, education, public service, or charitable organization.

      (8)   Failure to comply with this chapter is subject to the "Violations" division of the City of Dilworth Zoning Ordinance (§ 153.020).

(Ord. passed - -)