Subd. 1. Fences. Fences may be installed as regulated by City Code Section 9.76.

(Source: Ordinance No. 04-2025, § 3, 3-4-2025)

Subd. 2. Active Solar Energy Systems as Accessory Uses.

A.

Roof Mounted Systems and Wall Mounted Systems attached to a principal structure must comply with all requirements relating to principal structures.

B.

Ground Mounted Systems must comply with all standards relating to accessory structures.

Subd. 3. Lighting. The following lighting illumination standards apply to all districts except Park and Open Space:

A.

Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, must not be visible beyond the limits of the immediate site from which it originates.

B.

Lighting illumination from the property may not exceed 0.5 foot candles measured at the property line.

C.

Pole lighting height may not exceed 25 feet on a maximum three (3) foot base for a total maximum height of 28 feet, and the light source must have downcast shoe box lens.

D.

Wall lighting placed on buildings must be positioned to cast light downward toward the ground, and the light source must include a shield directing light to the ground. Upward lighting on or projected onto building exteriors is subject to approval by the Council through Site Plan Review or the City Planner through Administrative Site Review if the criteria are met.

E.

Bare incandescent, fluorescent, or LED lightbulbs are not permitted in locations where they can be viewed from adjacent property or public right-of-way with the exception of the area of the required setback on adjacent property.

F.

For lighting non-horizontal surfaces, such as flag poles, landscaping, fountains, and art or statuary, luminaires must be located, aimed, and shielded so as to not project their beam onto adjacent properties, past the object being illuminated, or onto public right-of-way. The lighting must be fitted with devices such as shields, barn doors, baffles, louvers, skirts, or visors to minimize spill light and glare impacts.

G.

All canopy lighting must be recessed lighting, flush mounted with the canopy ceiling, and have a flat glass lens, except decorative lighting under canopies at building entries.

Subd. 4. Trash and Recycling. Implementation of a trash enclosure plan is required prior to issuance of any occupancy permit for a property located in zoning districts RM 2-5, OFC, I-2, I-5, I-Gen, FS, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC, TOD-E, TOD-R, TOD-MU, PUB, GC, MU, A-C and A-OFC. This subdivision is applicable to all properties which have been issued a building permit for new construction after June 15, 2010.

A.

Trash and Recycling Enclosure. All recyclable waste must be kept within a completely enclosed building or within a trash enclosure constructed with materials consistent with Architectural Standards in Section 11.46 to match the building with a roof and solid wood or metal gates that completely screen the interior of the enclosure.

B.

Trash and Recycling Location. All trash, trash receptacles and recycling bins must meet the setbacks for the underlying zoning district.

Subd. 5. Setbacks. Where forty percent (40%) or more of a block is developed, the required setback is equal to or greater than the average of the principle structures on either side.

Subd. 6. Abutting Districts. Rear or side yard requirements for dissimilar abutting districts must meet the larger of the two requirements.

Subd. 7. Height of Structures. Except towers for wireless services, towers, spires, chimneys, water tanks, flagpoles, radio and TV antennas, transmission towers and other structures and necessary mechanical appurtenances covering not more than ten percent (10%) of the ground area may be erected to a height of not more than twenty-five (25) feet in addition to the maximum height permitted.

Subd. 8. Sculptures and Statuary.

A.

Setbacks. In all zoning districts, accessory structures must meet the required setbacks, except for the following:

1.

The front yard setback for sculptures and statuary is ten (10) feet in the residential, office, industrial, golf course, airport and public districts.

2.

The front yard setback for statuary and sculptures is twenty (20) feet in the commercial districts.

B.

Height. In all zoning districts the maximum height allowed for sculptures and statuary is fifteen (15) feet.

C.

One (1) sculpture or statuary per street frontage is permitted in the commercial, office, industrial, public, and airport zoning districts.

Subd. 9. Performance Standards. Uses which because of the nature of their operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes are not permitted. These standards will be considered "excessive" when they exceed or deviate from the limitations set forth in the following performance specifications:

A.

Vibration. No activity or operation may at any time cause earth vibrations perceptible beyond the limits of the immediate site on which the operation is located.

B.

Dust and Dirt. Solid or liquid particles may not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections will be applied to a stack temperature of five hundred (500) degrees Fahrenheit and fifty percent (50%) excess air.

C.

Smoke. Measurement will be at the point of emission. The Ringelman Smoke Chart published by the United States Bureau of Mines will be used for the measurement of smoke. Smoke not darker or more opaque than No. 1 of said chart may be emitted, provided that smoke not darker or more opaque than No. 2 of said chart may be emitted for periods not longer than four (4) minutes in any 30-minute period. These provisions, applicable to visible grey smoke, also apply to visible smoke of a different color but with an equivalent apparent opacity.

D.

Odor. No activity or operation may cause at any time the discharge of toxic, noxious, or odorous matter beyond the limits of the immediate site where it is located in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety or cause injury to property or business.

E.

Glare. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, may not be visible beyond the limits of the immediate site from which it originates. Glare and lighting illumination in the Park and Open Space District are exempted from these requirements. Glare and lighting illumination standards for the Park and Open Space District are set forth in Section 11.37.

F.

Wastes. All solid waste material, debris, refuse, or garbage must be kept within a completely enclosed building or properly contained in a closed container designed for such purpose. All liquid wastes containing any organic or toxic matter must be discharged with into a public sanitary sewer or treated in a manner prescribed by the City. The rate of liquid waste discharge into the City sanitary sewerage system may not exceed two hundred (200) gallons per site acre per hour between the hours of 9:00 a.m. and noon. Use for the dumping or storage above ground or under the surface of chemical waste and other hazardous waste products is not permitted because of the potential hazards that may be created to public health, safety, and welfare in all districts.

G.

Performance Standards - Tests. In order to ensure compliance with the performance standards set forth above, the City may require the owner or operator of any permitted use to have made such investigations and tests as may be required to show adherence to the performance standards. Such required investigation and tests must be carried out by an independent testing organization approved by the City.

H.

Tests by City. The procedure above stated does not preclude the City from making any tests and investigations it finds appropriate to determine compliance with these performance standards.

Subd. 10. Railroad or Freeway. Lots which rear on a railroad or freeway must have at least one hundred fifty (150) feet depth.

Subd. 11. Limitation on Uses. Uses in each District established in this chapter are limited to those permitted uses authorized, and then only under the standards and conditions provided by this chapter.

(Source: Ordinance No. 20-2023, 12-14-2023)