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Elko New Market City Zoning Code

CHAPTER 4

GENERAL PERFORMANCE STANDARDS

11-4-1: USE OF CERTAIN STRUCTURES AS DWELLING UNITS PROHIBITED:

No tent or recreational vehicle shall at any time be used as a dwelling. No garage or accessory structure shall at any time be used as a dwelling, except as permitted under section 11-5-20 of this title. (Ord. 5, 12-14-2006; amd. Ord. 222, 1-14-2021)

11-4-2: STANDARDS FOR BULK STORAGE OF CERTAIN LIQUIDS:

All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with county, state, and federal agency requirements, and have documents from those respective agencies stating the use is in compliance. (Ord. 5, 12-14-2006)

11-4-3: GARBAGE AND REFUSE1:

   A.   In all zoning districts, all waste material, debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes.
      1.   For commercial, industrial, or multi-family residential properties, all dumpsters, garbage containers, or refuse bins that are stored outside shall be screened from view.
         a.   Acceptable methods of screening include enclosures made of maintenance free material, brick or a combination thereof. Gates and doors which allow access to the refuse containers shall have a self-latching mechanism which keeps it closed/locked when not in use.
      2.   For single-family and two-family properties, all garbage containers or refuse bins not contained within an enclosed building shall be stored adjacent to the garage.
      3.   When used for the purposes of construction, all dumpsters, garbage containers, or refuse bins are exempt from the screening and location requirements of this section.
   B.   The owner of vacant land shall be responsible for keeping such land free of refuse. (Ord. 5, 12-14-2006; amd. Ord. 208, 2-13-2020)

11-4-4: MAINTENANCE REQUIREMENTS:

All structures, landscaping and fencing shall be maintained in a manner compatible with adjacent properties and in accordance with this code. All property owners shall be responsible for keeping their land free of waste material, noxious weeds and other problems potentially detrimental to the health, safety and general welfare. (Ord. 5, 12-14-2006)

11-4-5: ESSENTIAL SERVICES:

   A.   Purpose: The purpose of this section is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines and substations in such a manner that the health, safety and general welfare of the city will not be adversely affected. Essential services shall also be installed in recognition of existing and projected demands for such services.
   B.   Administrative Permit Required:
      1.   All telephone lines, pipelines and structures for local distribution, underground electric transmission lines, and overhead electric transmission lines and substations less than thirty five (35) kilovolts, when installed in any public right of way in any zoning district established by section 11-24-1 of this title, shall require a right of way permit subject to review and approval of the city engineer.
      2.   All telephone lines, pipelines and structures for local distribution, underground electric transmission lines, and overhead electric transmission lines less than thirty five (35) kilovolts, which are intended to serve more than one parcel and are proposed to be installed at locations other than in public rights of way, shall require an administrative permit subject to approval by the city engineer. Approval by the city engineer shall be based upon the information furnished in the following procedural requirements:
         a.   Prior to the installation of any of the previous essential services, the owner of such service shall file with the zoning administrator all maps and other pertinent information as deemed necessary for the city engineer to review the proposed project.
         b.   The zoning administrator shall transmit the map and accompanying information to the city engineer for review and approval regarding the project's relationship to the comprehensive plan and/or ordinances and parts thereof.
         c.   The city engineer shall report in writing to the zoning administrator his/her findings as to the compliance of the proposed project with the comprehensive plan and ordinances of the city.
         d.   In considering applications for the placement of essential services, as regulated in this section, the city engineer shall consider the effect of the proposed project upon the health, safety and general welfare of the city, as existing and as anticipated, and the effect of the proposed project upon the comprehensive plan.
         e.   Upon receiving the approval of the city engineer, the zoning administrator shall issue an administrative permit for the installation and operation of the applicant's essential services. If the engineer's report recommends the denial of said permit causing the zoning administrator to deny its issuance, the applicant may appeal said decision to the board of adjustments and appeals under the rules and procedures as set forth in subsection 11-3-1F of this title.
   C.   Conditional Use Permit Required: All transmission pipelines (i.e., pipelines not required for local distributing network), and overhead transmission and substation lines in excess of thirty five (35) and up to one hundred (100) kilovolts shall be a conditional use in all districts subject to the procedural requirements and standards stipulated in section 11-3-2 of this title.
   D.   Performance Standards: Essential services shall be subject to the following:
      1.   All distribution lines shall be underground.
      2.   Outdoor storage of materials or equipment shall be prohibited.
      3.   All poles and similar type structures shall be placed in the public right of way or utility easement unless approved as an interim use permit subject to section 11-3-3 of this title.
      4.   All facilities shall be landscaped and screened to the extent practical and applicable pursuant to section 11-5-4 of this title.
      5.   The size and number of accessory buildings are to be minimized to the extent possible and are to house only equipment directly related to the operation of the facility in question.
      6.   The architectural appearance of all structures and buildings shall be in harmony with the primary uses within the vicinity of the site.
   E.   Exceptions: This section shall not apply to radio and wireless communication systems and facilities. Regulation of these uses and activities are governed by chapter 13 of this title. (Ord. 5, 12-14-2006)

11-4-6: GLARE AND HEAT:

Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from residential districts and public streets. (Ord. 5, 12-14-2006)

11-4-7: EXTERIOR LIGHTING:

   A.   All exterior lighting shall be designed and arranged so as to not direct any illumination upon or into any contiguous residential districts.
   B.   No exterior lighting shall be arranged and designed so as to create direct viewing angles of the illumination source by pedestrian or vehicular traffic in the public right of way.
   C.   Lenses, deflectors, shields, louvers and prismatic control devices shall be used so as to eliminate nuisance and hazardous lighting. (Ord. 5, 12-14-2006)
   D.   Any lighting used to illuminate an off street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone and/or use and from public streets. Direct or sky reflected glare, where from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of light shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right of way. Any light or combination of lights which casts light on a public street shall not exceed one foot-candle (meter reading) as measured from the centerline of said street. Any light or combination of lights which casts light on residential property shall not exceed five-tenths (0.5) foot-candle (meter reading) as measured from said property. (Ord. 5, 12-14-2006; amd. 2011 Code)
   E.   Lighting fixtures for new and renovated outdoor sports and recreational facilities that adjoin residential uses shall be designed to eliminate reflected glare and spill light from the bottom one-third (1/3) of the reflector, and to shield the view of the arc tube from the residential property. (2011 Code)

11-4-8: NOISE1:

Noise shall be muffled or otherwise controlled so as not to become a nuisance. Noise levels shall be regulated by the standards of the Minnesota pollution control agency. (Ord. 5, 12-14-2006)

11-4-9: SMOKE AND PARTICULATE MATTER:

The ambient air quality standards of the Minnesota pollution control agency shall apply to the release of airborne materials within the city. (Ord. 5, 12-14-2006)

11-4-10: TOXIC OR NOXIOUS MATTER:

The Minnesota pollution control agency standards governing toxic or noxious matter shall apply. (Ord. 5, 12-14-2006)

11-4-11: EXPLOSIVES:

No activities involving the storage, utilization or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except as are specifically licensed by the city council. (Ord. 5, 12-14-2006)

11-4-12: ODORS AND AIR POLLUTION:

All odors and pollution emissions shall comply with Minnesota pollution control agency standards. (Ord. 5, 12-14-2006)

11-4-13: VIBRATIONS:

Any use creating periodic earthshaking vibrations, such as may be created from a drop forge, shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standards shall not apply to vibrations created during the process of construction. (Ord. 5, 12-14-2006)

11-4-14: NUISANCES:

No land, existing building or proposed structure shall be used or occupied in any manner creating dangerous, noxious or otherwise objectionable conditions which could adversely affect the surrounding area. (Ord. 5, 12-14-2006)

11-4-15: RADIATION AND ELECTRICAL EMISSIONS:

No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment including, but not limited to, radio and television reception other than that of the creator of the disturbance. (Ord. 5, 12-14-2006)

11-4-16: TRAFFIC CONTROL AND VISIBILITY:

The traffic generated by any use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business areas shall in all cases be forward moving with no backing into streets. On corner lots, nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the centerline grades of the intersecting streets to a distance such that a clear line of vision is possible of the intersecting street from a distance of fifty feet (50') from the intersection of the right of way lines.
 
 
(Ord. 5, 12-14-2006)