A.   General Provisions:

      1.   Nonconforming Buildings: In all residential, business, industrial and institutional districts, buildings which are nonconforming by type (e.g., pole or engineered steel) existing upon the effective date hereof shall be allowed to expand using materials similar to those of the principal structure; provided, that:

         a.   The expansion shall not exceed twenty five percent (25%) of the size of the existing building.

         b.   A maximum of one building expansion shall be allowed after January 1, 2008.

         c.   Such buildings shall be subject to all other requirements of subsection 11-3-9C of this title pertaining to the expansion of nonconforming buildings or structures.

         d.   Other lot and building requirements of this title and the Building Code are satisfactorily met.

      2.   Architectural And Aesthetic Compatibility: Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the community's public health, safety and general welfare.

      3.   Steel Or Aluminum Buildings: Except in association with farming activities, no galvanized, corrugated, unfinished, or sheet steel or aluminum buildings (walls or roofs) shall be permitted in any zoning district.

      4.   Exterior Building Materials:

         a.   For the purpose of this section, materials shall be divided into classes as follows:

            (1)   Class I:

               (a)   Brick.

               (b)   Stone (natural or artificial).

               (c)   Integral colored split face (rock face) concrete block.

               (d)   Glass.

            (2)   Class II:

               (a)   Architectural precast panel.

               (b)   Stucco (natural or artificial)/EIFS (exterior insulated finish system).

               (c)   Curtain wall panels of steel, aluminum and fiberglass, provided such panels are factory fabricated and finished with a durable, nonfade surface and secured with corrosion resistant fasteners.

            (3)   Class III:

               (a)   Steel, aluminum or fiber cement siding.

               (b)   Concrete composite board.

               (c)   Standard concrete precast panel.

            (4)   Class IV:

               (a)   Vinyl siding.

               (b)   Wood (natural or composite) provided the surfaces are finished for exterior use, or wood of proven exterior durability is used, such as cedar, redwood, or cypress.

         b.   Residential Uses: Except as otherwise specified in subsection B of this Section, the primary exterior building facade finishes for residential uses shall consist of Class I, Class II, Class III, and/or Class IV materials.

         c.   Commercial And Institutional Uses: Except as otherwise specified in subsection B of this Section, the primary exterior building facade finishes for commercial and institutional uses shall consist of Class I, Class II, and/or Class III materials.

         d.   Industrial Uses: Except as otherwise specified in subsection B of this Section, the primary exterior building facade finishes for industrial uses shall consist of Class I, Class II, and/or Class III materials.

         e.   Building Foundations: Building foundations that extend less than two feet (2') above grade need not comply with the exterior building material requirements of this subsection A4 of this Section.

   B.   District Provisions:

      1.   R-3 Medium Density Residential And R-4 High Density Residential Districts:

         a.   Unit Width: The minimum width of a dwelling unit within the R-3 District shall be twenty five feet (25').

         b.   Decks Or Porches: Provision shall be made for possible decks, porches or additions as part of the initial dwelling unit building plans. The unit lot shall be configured and sized to include decks or porches.

         c.   Minimum Overhang: In case of gable roof, a minimum eighteen inch (18") roof overhang or soffit shall be required for all residential structures.

         d.   Exterior Building Finish:

            (1)   Townhomes: The exterior of townhome dwelling units shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure facing the public right-of-way to create an architecturally balanced appearance. A minimum of twenty five percent (25%) of the area of front building facades shall be composed of Class I materials.

            (2)   Multi Family: A minimum of twenty five percent (25%) of the area of all building facades shall be composed of Class I materials. Class IV materials are not an allowable primary exterior building facade finish for High Density Residential Districts.

         e.   Utilities And Screening: Exterior utility meters and/or fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right-of-way.

         f.   Drives: Private drives shall include plans and areas for snow storage.

         g.   Open Space and Recreational Uses: In addition to the park dedication requirements stipulated by the City subdivision ordinance, a minimum of ten percent (10%) of the gross development project area shall be in usable open space and recreational use for the project residents. Such areas shall be specifically designed for both the active and passive use by the project residents and may include swimming pools, trails, nature areas, tot lots, exercise equipment, saunas, etc. Said areas and facilities shall be private, except in those cases where the City agrees to assume responsibility for all or a portion of the recreational space. In those cases where private ownership is maintained, the land and facilities shall be subject to the requirements set forth in a development agreement.

      2.   R-5 Downtown Residential and B-2 Downtown Business Districts:

         a.   Window And Door Openings:

            (1)   In the R-5 district, window and door openings shall comprise not less than thirty percent (30%) of the area of the ground floor of street facing facades.

            (2)   In the B-2 district, window and door openings shall comprise not less than forty percent (40%) of the area of the ground floor of street facing facades and not less than thirty percent (30%) of the area above the ground floor of street facing facades.

            (3)   Windows shall be designed with openings that recess or extend forward in order to create a strong rhythm of light and shadow in keeping with traditional architecture.

            (4)   Mirrored glass or glass block shall not be used on street facing facades. Glass on windows and doors shall be clear or slightly tinted, allowing views into and out of the interior.

            (5)   Window shape, size and patterns shall emphasize the intended organization of the facade and the definition of the building.

         b.   Architectural Detailing: Corners, cornices, windows, and doorways shall include additional architectural detailing beyond the basic building wall materials or pattern of traditional style buildings. All facades facing public areas shall provide architectural detailing.

         c.   Building Entrances: Primary entrances on all buildings shall face the primary abutting public street or walkway, or linked to that street by a clearly defined and visible walkway or courtyard. Additional secondary entrances may be oriented to a secondary street or parking area.

         d.   Intersections: At intersections, buildings shall be placed such that building facades are at or near the sidewalk on both streets.

         e.   Facade Articulation:

            (1)   The primary facade(s) of buildings forty feet (40') or more in width shall be articulated into smaller increments through the following techniques (or something similar):

               (a)   Stepping back or extending forward a portion of the facade.

               (b)   Use of different textures or contrasting, but compatible, materials.

               (c)   Division into storefronts with separate display windows and entrances.

               (d)   Arcades, awnings, window bays, balconies or similar ornamental features.

               (e)   Variation in rooflines to reinforce the articulation of the primary facade.

            (2)   Buildings shall have a well defined base, middle and top. The base or ground floor shall be visually distinct from the upper stories through a change in building materials, window shape or size, an intermediate cornice line, an awning, arcade or similar technique.

         f.   Exterior Building Materials:

            (1)   In the R-5 district, a minimum of fifty percent (50%) of street facing facades and forty percent (40%) of nonstreet facing facades shall be composed of Class I materials. The balance of the facades may be made up of Class II and/or Class III materials.

            (2)   In the B-2 district, a minimum of seventy percent (70%) of street facing facades and fifty percent (50%) of nonstreet facing facades shall be composed of Class I materials. The balance of the facades shall be made up of Class II materials and not more than twenty percent (20%) of Class III materials.

            (3)   Materials of similar quality shall be used on front, side, and rear facades, and detailing of all facades should be compatible.

         g.   Building Color: Building colors shall accent, blend with, or complement surroundings. Principal building colors shall consist of subtle, neutral or muted colors with low reflectance (e.g., browns, grays, tans, dark or muted greens, blues and reds). No more than two (2) principal colors may be used on a facade or individual storefront. Bright or primary colors shall be used only as accents, occupying a maximum of twenty percent (20%) of building facades.

         h.   Off Street Parking:

            (1)   Major Collector or Arterial Street Frontages: Principal structures along major street frontages such as County Road 2 shall be required to locate their parking area at the rear of the building. Parking lots along major street frontages are prohibited within this district.

            (2)   Local Street Frontages: Surface parking lots shall be located along the side or rear of the principal structure within this district.

         i.   Loading Areas: Loading areas, service entrances, and mechanical services shall be screened from view of public streets.

      3.   B-4 Highway Business and B-6 Business Campus Districts:

         a.   Facades:

            (1)   Facades greater than one hundred feet (100') in length, measured horizontally, shall incorporate visual relief, defined as the incorporation of design features such as large doors, windows, horizontal and vertical patterns, contrasting materials, and/or varying wall depths.

            (2)   Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings, other architectural features, or pedestrian attractive features such as benches, niches, or plantings along no less than forty percent (40%) of their horizontal length.

            (3)   Building facades facing public rights-of-way, residential zoning districts, or public areas, shall include a repeating pattern of at least two (2) of the elements listed below or of other architectural features. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than thirty feet (30').

               (a)   Color change.

               (b)   Texture change.

               (c)   Material module change.

               (d)   Expression of architectural or structural bay through a change in plane no less than twelve inches (12") in width, such as an offset or reveal.

            (4)   Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high intensity colors or fluorescent colors is prohibited.

         b.   Exterior Building Materials: A minimum of fifty percent (50%) of street facing facades and forty percent (40%) of nonstreet facing facades shall be composed of Class I materials or architectural precast panels. The balance of the facades may be made up of Class II and/or Class III materials.

         c.   Shopping Carts: Any retail business that uses shopping carts outside of the building shall have an approved cart management plan. The management plan shall specify the retail operation's cart management program to prevent accumulation of carts in the parking lot. Shopping carts shall not be stored outside overnight.

         d.   Loading Areas and Screening:

            (1)   Areas for truck parking, loading docks/doors, or other such uses shall not be visible from abutting streets or adjacent residential zoning districts.

            (2)   No part of a loading dock shall be located within one hundred feet (100') of a residential district boundary.

            (3)   Loading docks, truck parking, utility meters, HVAC equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties, public streets, pedestrianways and public sidewalks, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.

      4.   I-1 Limited Industrial and I-2 General Industrial Districts:

         a.   Exterior Building Materials: A minimum of sixty percent (60%) of all building facades shall be composed of Class I or Class II materials. The balance of the facades may be made up of Class III materials.

      5.   B-7 Mixed Use Districts:

         a.   Exterior Building Finish: A minimum of twenty five percent (25%) of the area of all building facades shall be composed of Class I materials. Class IV materials are not an allowable primary exterior building material.

         b.   Utilities And Screening: Exterior utility meters and/or fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right-of-way.

         c.   Drives: Private drives shall include plans and areas for snow storage.

   C.   Exceptions: Exceptions to the provisions of this section may be granted through issuance of a conditional use permit by the city council; provided, that:

      1.   The proposed building maintains the quality intended by this title.

      2.   The proposed building is compatible and in harmony with other structures within the district.

      3.   The provisions of section 11-3-2 of this title are considered and satisfied. (Ord. 20, 3-27-2008; amd. Ord. 244, 3-10-2022; Ord. 265, 3-9-2023; Ord. 295, 5-23-2024)

   A.   District Requirements: Except as otherwise allowed by subsections B and C of this section, no structure shall exceed the height restrictions of the applicable zoning district.

   B.   Additional Height Allowance: Building heights in excess of the standards noted in subsection A of this section may be permitted through a conditional use permit; provided, that:

      1.   The site is capable of accommodating the increased intensity of use.

      2.   The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets.

      3.   Public utilities and services including fire protection services are adequate.

      4.   For each additional ten feet (10') above thirty five feet (35'), front and side yard setback requirements shall be increased by five percent (5%).

      5.   The provisions of section 11-4-5 of this title are considered and satisfactorily met.

   C.   Exceptions: The building height limits established herein for districts shall not apply to the following:

Belfries.

Chimneys or flues.

Church spires.

Cooling towers.

Cupolas and domes which do not contain usable space.

Elevator penthouses.

Farm buildings.

Flagpoles.

Monuments.

Necessary mechanical and electrical appurtenances.

Parapet walls extending not more than three feet (3') above the limiting height of the building.

Poles, towers and other structures for essential services.

   D.   Roof Equipment: No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty five percent (25%) of the area of the roof nor exceed ten feet (10') unless otherwise noted.

   E.   Towers And Antennas: The height of satellite dishes, television receiving antennas and radio receiving antennas shall be regulated in accordance with chapter 13 of this title. (Ord. 5, 12-14-2006)

   A.   Permit Required: A permit shall be required for all decks attached to a principal structure or any detached deck more than thirty inches (30") above grade.

   B.   Application For Permit: Applicants shall submit to the building official the following:

      1.   A completed building permit application.

      2.   A certificate of survey identifying the proposed deck location and distances from all property lines.

      3.   Deck dimensions and construction specifications.

   C.   Setbacks: Decks shall meet the following setbacks:

      1.   Front yard: Thirty feet (30').

      2.   Side yard:

         a.   Interior: Ten feet (10').

         b.   Street: Twenty five feet (25').

      3.   Rear yard: Twenty feet (20'). (Ord. 5, 12-14-2006)

   A.   Commercial, Industrial And Institutional Uses: All commercial, industrial, or institutional uses shall provide screening along the boundary of any abutting residential district or where the side or rear of the use (as determined by the zoning administrator) is separated from any residential district by a public right of way. All screening required by this section shall be subject to section 11-4-16, "Traffic Control And Visibility", of this title and is to consist of a twenty foot (20') wide greenbelt strip as follows:

      1.   A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees and plants and be of a sufficient density to provide a visual screen and reasonable buffer. This planting strip shall be designed to provide visual screening to a minimum height of six feet (6'). The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection, unless otherwise established by the zoning administrator. The planting plan and type of plantings shall require the approval of the zoning administrator.

      2.   A fence may also be installed, but not in lieu of the greenbelt planting strip. The fence shall be constructed of masonry, brick, vinyl, or wood, except as otherwise provided herein, and located within the interior of the lot such that greenbelt plantings are visible from adjacent property. Such fence shall provide a solid screening effect and shall be a minimum of six feet (6') in height but shall not exceed eight feet (8') in height. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection, unless otherwise established by the zoning administrator. The design and materials used in constructing a required screening fence shall be subject to the approval of the zoning administrator.

   B.   Residential Buffer Yards:

      1.   Lot Depth Requirements: Except for lots of record and preliminary platted lots having legal standing on the effective date hereof, double frontage residential lots shall have an additional depth of at least twenty feet (20'), designated as an additional drainage and utility easement, in order to allow space for buffering/screen planting along the back lot line.

      2.   Lot Width Requirements: Except for lots of record and preliminary platted lots having legal standing established on the effective date hereof, lots which border major collector or arterial streets on a side yard shall have an additional width of at least ten feet (10'), designated as an additional drainage and utility easement, in order to allow space for buffering and screening plantings along the lot line bordering such streets.

      3.   Screening Plan Required: For applicable subdivisions, a comprehensive screening plan shall be submitted. The plan shall identify all proposed buffer screening in both plan and sectional view.

      4.   Timing/Responsibility Of Installation: All buffers, bermings and/or plantings shall be constructed or planted prior to the issuance of a final certificate of occupancy.

      5.   Design Standards:

         a.   Plantings: All designated buffer yards shall be seeded or sodded except in areas of steep slopes where natural vegetation is acceptable as approved by the zoning administrator. All plantings within designated buffer yards shall adhere to the following:

            (1)   Plant material centers shall not be located closer than three feet (3') from the fence line or property line, and shall not conflict with public plantings, sidewalks, trails, etc.

            (2)   Landscape screen plant material shall be planted in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the zoning administrator.

            (3)   Deciduous shrubs shall not be planted more than four feet (4') on center, and/or evergreen shrubs shall not be planted more than three feet (3') on center.

            (4)   Deciduous trees intended for screening shall be planted not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted not more than fifteen feet (15') apart.

         b.   Walls And Fences: All walls and fences erected within designated buffer yards shall adhere to the following:

            (1)   Only walls and fences formally approved as part of the subdivision and site plan process shall be permitted within the buffer yard.

            (2)   At least fifty percent (50%) of the street side of a screening fence shall be landscaped with plant materials. Plant materials shall be at least equal to the fence height.

            (3)   Exposed fences shall run a maximum length of fifty feet (50') between landscaping areas or clusters.

            (4)   Fences and landscaping shall not be located within the traffic visibility triangle defined by section 11-4-16 of this title.

         c.   Earth Berms:

            (1)   Except in areas of steep slopes or where other topographic features will not permit, as determined by the city engineer, an earth berm at least four feet (4') in height shall be installed in all designated buffer yards.

            (2)   Shall not exceed a three to one (3:1) slope unless approved by the city engineer.

            (3)   Shall contain no less than four inches (4") of topsoil.

      6.   Maintenance:

         a.   Maintenance of the buffer strip planting and/or fence shall be the responsibility of the individual property owners or, if applicable, the homeowners' association.

         b.   All repairs to the fence or wall shall be consistent with the original fence design in regard to location and appearance.

         c.   Replacement of landscape materials or plantings in a buffer yard area shall be consistent with the original screen design.

         d.   All repair or plant replacement shall be done within forty five (45) days of written notification from the zoning administrator or, if applicable, the homeowners' association.

   C.   Screening Of Mechanical Equipment: All rooftop and ground mounted mechanical equipment for residential buildings having five (5) units or more and for nonresidential buildings shall comply with the following standards:

      1.   All rooftop and ground mounted mechanical equipment shall be screened so as to mitigate noise in compliance with section 11-4-8 of this title.

      2.   All rooftop and ground mounted mechanical equipment shall be designed (including exterior color) and located so as to be aesthetically harmonious and compatible with the building. Screening of and landscaping around the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure.

      3.   Rooftop mechanical equipment less than three feet (3') in height may be exempted from screening requirements by the zoning administrator. (Ord. 5, 12-14-2006)

   A.   Purpose And Intent: The city of Elko New Market recognizes the privacy, safety, aesthetic, and economic value of fences.

      1.   The provisions of this section are intended to:

         a.   Allow for areas on site for privacy;

         b.   Provide screening and mitigation of potential conflicts between different uses;

         c.   Enhance the overall aesthetic conditions within the city;

         d.   Limit sight line obstructions;

         e.   Reduce the potential for criminal and illegal activities; and

         f.   Prevent conflicts with utilities and drainage flow.

      2.   The purpose of this section is not to:

         a.   Regulate naturally growing shrubs, trees, or other foliage; or

         b.   Regulate landscape or retaining walls.

   B.   Permit Required:

      1.   Administrative Zoning Permit: An administrative zoning permit shall be required for all fences, three feet (3') to six feet (6') in height and located within ten feet (10') from a property/boundary line.

      2.   Building Permit: A building permit shall be required for all fences over six feet (6') in height.

      3.   Exceptions: Subject to the other provisions stated within this section, the following shall not require a permit:

         a.   Any fence less than three feet (3') in height.

         b.   Any maintenance, upkeep, and/or repair of fences.

         c.   Any underground electric pet fencing.

         d.   Any animal enclosure located at least five feet (5') from a property line with an area of less than one hundred fifty (150) square feet. However, animal enclosures located less than ten feet (10') from the property line shall be adequately screened from the closest neighboring property.

         e.   Any patio, trash container, or utility screen located at least five feet (5') from a property line and with a length of less than thirty two feet (32').

         f.   Any permanent garden or landscape fencing located at least five feet (5') from the property line. However, such garden and landscape fencing must be less than four feet (4') in height and located within the parameters of the distinct garden and/or landscaping area.

         g.   Any temporary/portable snow fencing.

         h.   Any temporary/portable construction/safety fencing.

         i.   Any temporary/portable soil erosion fencing. However, all erosion fencing associated with a construction project shall be completely removed upon issuance of a final certificate of occupancy.

         j.   Any temporary/portable special event fencing located within nonresidential districts. Special event fencing located within residential districts may require an interim use permit as determined by the city.

   C.   Application Requirements And Site Inspections:

      1.   All fence permit applications shall include a certificate of survey, drawn to scale, showing/labeling the following unless special circumstances are provided and approved by the zoning administrator:

         a.   Property address and/or legal description (if platted).

         b.   Fronting street(s) and street names.

         c.   Property lines and property line dimensions.

         d.   Proposed fence type.

         e.   Proposed location of the fence and distance from property lines.

         f.   Existing objects and/or structures located near the proposed fence.

      2.   Before a site inspection is conducted by the designated city official, the following items shall be located on site and clearly marked with paint, flags, stakes, and/or laths:

         a.   Property corners. If a certificate of survey is not submitted, a licensed surveyor shall officially mark/expose the property corner/boundary lines and provide the city with written verification of that survey. Any property markers/monuments found missing or substandard shall be reset by a licensed surveyor.

         b.   Boundary lines.

         c.   Proposed fence location.

   D.   Location:

      1.   Rights Of Way And Easements:

         a.   Private fences shall not extend into any public rights of way, easements, or onto public property except by means of an encroachment agreement approved by the city. The approval or denial of such an agreement shall be solely within the city's discretion. Said encroachment agreement shall also be recorded with the county recorder's office. Further, the city or any utility company having authority to use the rights of way or easements, shall not be liable for repair or replacement of fences in the event that they are moved, damaged, or destroyed by virtue of the lawful use of the easement.

         b.   Any fence placed in a drainage easement shall not adversely affect drainage or create debris buildup.

         c.   All fence applicants and/or property owners are responsible for verifying that no conflict exists with utilities prior to installation.

      2.   Boundary Fences:

         a.   Directly On Or Abutting Property Line: In an effort to physically visualize property boundary lines, discourage back to back fences, and reduce small unmaintained gaps between fences, all boundary fences (fences located within 10 feet of a property line) shall be located directly on or abut up to the shared neighboring property line.

         b.   One Fence On Property Line: Only one boundary fence shall be located on or near the common property line between neighboring properties.

         c.   Exceptions:

            (1)   In the case of existing plantings and/or other objects located on or near the property line, the obstructions must be removed from the path of the proposed fence. However, if the obstruction is significant, the city may approve a fence with an appropriate setback distance to allow for the obstruction.

            (2)   Where an existing neighboring fence is located within ten feet (10') of the shared property line, the fence applicant and/or property owner shall work with the neighboring fence owner to tie into or move the existing fence onto the common property line. However, if a private agreement cannot be arranged by the neighboring property owners to connect into or relocate the existing fence, the city shall determine an appropriate setback location for the proposed fence to allow for future repair and maintenance of boundary fences.

      3.   Setbacks:

         a.   All private fences shall be set back at least two feet (2') from the edge of any public sidewalk or trail.

         b.   All private fences shall be set back at least fifteen feet (15') from the road edge or back of curb along a public street, and all private fences shall be set back at least five feet (5') from the road edge along a public alley. All private boundary fences shall be placed according to the setback requirements provided within this section or on the property line, whichever is a greater distance away from the public roadway.

         c.   Private fences adjacent to wetlands shall be set back in accordance with all applicable city, state, and federal wetland buffer regulations as amended from time to time.

   E.   Height:

      1.   Measurement: Height shall be measured from ground level elevation to the top of the fence.

      2.   Residential Fences:

         a.   Side And Rear Yards: Fences located within a side or rear yard shall not exceed six feet (6') in height.

         b.   Front Yard: Fences located within a front yard shall not exceed four feet (4') in height.

         c.   Corner Lot; Double Frontage: Fences located within the secondary front yard of a corner lot shall be considered a front yard fence and not exceed four feet (4') in height. Exception: Any fence located within a secondary front yard that abuts the secondary front yard of a neighboring property may be extended up to six feet (6') in height.

         d.   Corner Lot; Multi-Frontage: Fences located within the secondary front yard of a corner lot having public roadway frontage on more than three (3) sides may be allowed to extend up to six feet (6') in height.

         e.   Rear Yard; Double Frontage: Rear yard fences fronting along a public roadway or alleyway may be extended up to six feet (6') in height.

         f.   Irregular Lot: In the case of an irregular shaped lot/parcel, the city shall determine the most appropriate fence height and type based on the requirements stated in this section.

      3.   Nonresidential Fences: Except by conditional use permit, all nonresidential fences shall not exceed eight feet (8') in height.

   F.   Type:

      1.   Residential Fences: Residential fences constructed along a property boundary line shall be sturdy fencing constructed of low maintenance materials, such as vinyl coated chainlink, steel, aluminum, wrought iron, vinyl, composite, or other similar low maintenance materials determined acceptable by the city. High quality wood fences may be allowed along a property boundary if resistant to moisture rot, kept in good condition, and regularly maintained.

      2.   Wire Fencing: Wire fencing shall not be used for boundary fencing where the wire is thinner than 12-gauge.

      3.   Fencing For Agricultural Use: Agriculture type wire boundary fencing shall only be used in association with permitted agriculture uses.

      4.   Barbed Wire Fences: For security purposes, barbed wire fencing is permitted only in conjunction with mixed commercial-industrial, industrial, public, semipublic, and agriculture land uses. All nonagriculture barbed wire fencing shall be placed at least seven feet (7') above ground level in a manner that does not endanger the general public.

      5.   Razor Wire And Electric Fences: All razor wire and electric fences are prohibited.

      6.   Neighborhood Restrictions: The city does not enforce neighborhood covenants restricting specific types of fences.

      7.   Swimming Pool Fences And Barriers:

         a.   All fences and barriers for swimming pools and hot tubs/spas shall comply with the regulations stated in the state building code as amended from time to time. Swimming pools or spas secured with a code compliant safety cover as determined by the building official are exempt from the following requirements:

            (1)   All permanent swimming pools, including inground pools and aboveground pools with rigid walls, shall be completely surrounded by a fence or wall not less than four feet (4') in height, and with openings, holes, or gaps no greater than four inches (4") in either vertical or horizontal direction. The fence shall be of a type not readily climbed by children. A building or accessory building may be used as part of such enclosure. An aboveground pool with a wall greater than four feet (4') in height does not require a fence if the wall cannot be readily climbed by children and the pool can be secured while not in actual use.

            (2)   All gates or doors to such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use and shall be provided with hardware for permanent locking devices, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Pool gates shall be locked when the pool is not in use.

   G.   General Regulations:

      1.   All fencing affecting traffic visibility shall comply with the regulations stated in section 11-4-16, traffic visibility, of this title.

      2.   The finished side of all fences shall face away from the fence owner's property.

      3.   All boundary fences shall be constructed so as to leave adequate clearance between the ground level and the bottom of the fence in order that the yard/landscaping lying directly under the fence can be easily trimmed and maintained.

      4.   No fences shall be located within the front yard of any low density residential zoning district. Exception: Open decorative type fencing (such as split rail, ornamental, or picket fencing) that is at least seventy five percent (75%) open (not greater than 25 percent opaque) and no longer than thirty two feet (32') in length may be allowed in residential front yards. Chainlink fences are prohibited in residential front yards.

      5.   All temporary/portable fencing is permitted only for the time period necessary to fulfill the primary purpose for which the fence was intended. Except for construction/safety and erosion control fencing, no temporary/portable fencing shall be used for a period longer than six (6) consecutive months per year without official city approval.

      6.   The city is not liable for any damage caused to private fencing while maintaining or clearing nearby public roads, trails, sidewalks, or other public infrastructure.

      7.   It is the responsibility of all fence owners to keep both sides of their fence(s) in good repair and appearance and not in a condition of disrepair, danger, or that constitutes a public or private nuisance. Any fence shall be considered a public nuisance if it does not comply with the following:

         a.   All fences shall comply with associated regulations relating to nuisances and blight stated in this code.

         b.   All fences shall be firmly fastened and anchored in order that the fence is not leaning or otherwise in a stage of collapse.

         c.   All fences shall be maintained in sound and good repair and free from deterioration, loose or rotting pieces, or holes, breaks, or gaps not otherwise intended in the original design of the fence. All fences shall be free from any defects or condition which makes the fence hazardous.

         d.   All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the elements by paint or other protective surface covering or treatment, which shall be maintained in good repair to provide the intended protection from the elements.

         e.   No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish.

   H.   Special Purpose Fences:

      1.   Fences for special purpose and fences differing in construction, height, or location, may be permitted in any district, only by issuance of a conditional use permit and upon evidence that the special purpose fence is necessary to protect, buffer, or improve the premises for which the fence is intended.

         a.   Exceptions:

         (1)   Special purpose fences built of city property for the intention of screening portable restroom facilities are hereby exempt from requiring issuance of a conditional use permit and the performance standards related to height and location. (Ord. 76, 8-25-2011; amd. Ord. 304, 9-26-2024; Ord. 321, 2-13-2025)

   A.   Residential Districts: In residential districts, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: laundry drying, construction and landscaping materials and equipment currently (within a period of 36 hours) being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises, and off street parking of passenger automobiles and pickup trucks. Recreational and commercial vehicles shall meet requirements under sections 11-8-2 and 11-8-3 of this title.

   B.   Business, Industrial And Institutional Districts: In the business, industrial and institutional districts, there shall be no outdoor storage of either materials or products, except through the issuance of a conditional use permit in accordance with section 11-3-2 of this title. (Ord. 5, 12-14-2006)

   A.   General Requirements: Except as provided below, 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 title, and if the existing yard or other open space is less than the minimum required, it shall not be further reduced. No required open space provided around any building or structure shall be included as part of any open space required for another structure.

   B.   Allowed Encroachments: The following shall not be considered encroachments on yard setback requirements:

      1.   Cantilevers up to ten feet (10') in width, chimneys, flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than two feet (2') into a yard.

      2.   Terraces, steps, decks, uncovered porches, stoops or similar structures limited to not more than a height of three feet (3') above grade may extend to within five feet (5') of side yard and ten feet (10') of rear yard lot lines, but not more than five feet (5') into a required front yard or side yard adjacent to a public right of way.

      3.   Recreational and laundry drying equipment, arbors and trellises, gazebos, and air conditioning or heating equipment shall be allowed only in a rear or side yard, provided they are at a distance of five feet (5') from any lot line. No encroachment shall be permitted in existing or required drainage and/or utility easements.

      4.   In residential districts, a one-story entrance for a detached single-family or two-family dwelling may extend into the front yard setback not more than five feet (5'), and shall not exceed fifty (50) square feet in size.

      5.   No encroachment shall be permitted in existing or required drainage and utility easements.

   C.   Front And Side Yard Setback Reduction: In the case of lots platted prior to the effective date hereof, the principal building setback requirements for front and side yards adjacent to a public right of way, as established by the respective zoning districts, may be reduced, upon the approval of an administrative permit, to a distance equaling the average setback of principal buildings within the block frontage in which the lot is located. In no case shall this distance be less than fifteen feet (15'), nor shall a principal structure be placed more than seven feet (7') beyond the setback of any principal structure on a directly abutting lot.

   D.   Triangular Lots: In the case of triangular lots, where the rear lot line is a single vertex, the rear yard setback points of reference shall be determined by measuring the length of the setback distance from the vertex along the side lot lines. The rear setback line shall be determined by traversing the lot and connecting these points of reference. (Ord. 5, 12-14-2006)

   A.   Building Permit Required: Every licensed house mover shall, in each and every instance, before raising, holding up or moving a building, obtain a building permit.

   B.   Application For Permit: An application for such permit shall indicate the origin and destination of such building, the route over which it is to be moved and shall state the time in which the moving of such building shall be issued. The permit shall also indicate the location of the lot on which the house is to be located, the dimensions of the lot and the proposed location of the structure on the lot along with setback distances.

   C.   Conditions Of Permit: No permit to move a building shall be issued until there is compliance with and approval by the building official of the following conditions:

      1.   Architectural Compatibility: The building official shall not issue a permit until finding the structure is architecturally compatible with the housing in the surrounding area.

      2.   Compliance With Regulations: The building to be moved shall comply in all respects with the state building code and other pertinent state rules and the city ordinances.

      3.   Dimensional Requirements: The lot on which the building is to be located shall meet all the minimum dimensional requirements of the zoning district in which it is located.

      4.   Yard Requirements: The building shall be placed on the lot so as to meet all the front, side and rear yard requirements as set forth in this title. (Ord. 5, 12-14-2006)

      5.   Electrical Correction Requirements:

         a.   In cases when the removal or displacement of overhead or other wires is necessary, it shall be the duty of the person, association, or corporation owning, operating, or controlling said wires to remove or displace the same, so far as the same may be necessary to effect the removal thereof. (Ord. 5, 12-14-2006; amd. 2011 Code)

         b.   The person to whom said permit shall have been issued shall notify the person, association, or corporation owning, operating, or controlling said wires sufficiently to allow the passage of said building along the street over which said wires are suspended.

         c.   Any expenses incurred or to be incurred in the moving, removing or displacing of such wires shall be paid for by the person who makes the application for the permit. (Ord. 5, 12-14-2006)

   A.   Building Permit Required: A building permit shall be required for the demolition of all structures.

   B.   Conditions Of Permit: The building official shall issue a permit upon finding that:

      1.   The demolition will be done in a safe manner.

      2.   The debris will be disposed of properly.

      3.   All necessary permits from other government agencies have been obtained, if applicable. (Ord. 5, 12-14-2006)

   A.   Purpose: The purpose of this section is to provide for the erection of model homes, which may include temporary real estate offices, in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance. As model homes represent a unique temporary commercial use, special consideration shall be given to the peculiar problems associated with them, and special standards shall be applied to ensure reasonable compatibility with their environment.

   B.   Qualification For Building Permit: To qualify for a building permit for a model home, which may include a temporary real estate office, the following shall be required:

      1.   Upon receipt of final plat approval and recording, two (2) building permits for model homes per subdivision phase may be granted. No final certificate of occupancy shall be issued until the infrastructure improvements including the first lift of asphalt have been completed and approved by the city.

      2.   Upon completion of infrastructure improvements, including the first lift of asphalt within the respective final plat subdivision, additional building permits may be issued for model homes and/or temporary real estate offices; provided, that the number of model homes and/or temporary real estate offices shall not exceed ten percent (10%) of the number of lots within the final plat.

   C.   Procedure: The erection of a model home(s) within all residential districts, which may include a temporary real estate office(s), shall require an administrative permit, as may be issued by the zoning administrator.

   D.   Special Requirements:

      1.   Model homes and model homes with temporary real estate offices shall be allowed in all residential zoning districts in which they are permitted and shall be utilized solely for selling lots and/or homes within the subdivision in which they are located.

      2.   Temporary parking facilities equal to four (4) paved spaces per model home dwelling unit or a model home with a temporary real estate office shall be provided. The overall design, drainage, and surfacing of the temporary parking facility shall be subject to the approval of the zoning administrator or city engineer.

      3.   Access from a temporary parking facility shall be directed away from developed and occupied residential neighborhoods to the greatest extent possible.

      4.   No model home or model home with a temporary real estate office shall incorporate outside lighting which creates a nuisance due to glare or intensity, as provided in section 11-4-7 of this title.

      5.   All signage shall comply with the sign regulations as contained in chapter 12 of this title for the zoning district in which the model home and/or temporary real estate office is located.

      6.   The administrative permit shall terminate three (3) years from its date of issuance or when eighty five percent (85%) of the development is completed, whichever comes first, unless extended by the Zoning Administrator. (Ord. 5, 12-14-2006)

      7.   No residential certificate of occupancy shall be issued for a model home or model home with a temporary real estate office until such time as the structure has been fully converted to a residence in compliance with the State Building Code. Additionally, such conversion shall include, but not be limited to, parking lot removal, yard restoration, and the removal of signage and lighting. (Ord. 5, 12-14-2006; amd. 2011 Code)

      8.   The restoration of all temporary parking areas with appropriate landscaping shall be completed by the end of the following growing season.

   E.   Restricted Use: Model homes and model homes with temporary real estate offices shall be used solely for the display and sale of home fixtures and products and real estate for the subdivision in which they are located unless approved by the Zoning Administrator through an administrative permit. (Ord. 5, 12-14-2006)

   A.   Purpose: Certain uses that are generally not suitable within a particular zoning district as a principal or accessory use are potentially suitable on a temporary basis. Accordingly, it is the intention of this section to recognize certain temporary outdoor uses as being potentially allowable and provide conditions associated with such activities.

   B.   General Provisions:

      1.   Administrative Permit Required: All temporary outdoor uses shall be allowed only through the issuance of an administrative permit as stipulated in section 11-3-4 of this title.

      2.   Evaluation Criteria: When evaluating a request for a temporary outdoor use, consideration shall be given to traffic, circulation, parking, visibility, effects of noise and light, other harmful effects on adjoining property, if any, and any other relevant impacts or considerations of the proposed use. The proposed use may be reasonably conditioned to mitigate identified impacts or to ensure the public health, safety or welfare.

      3.   Information Required: Information required for a temporary outdoor use shall be in accordance with the informational requirements of subsection 11-3-4C of this title.

      4.   Conditions Of Approval: In approving an application for a temporary outdoor use, the Zoning Administrator may impose conditions deemed necessary to ensure that the permit will be in accordance with the evaluation criteria under subsection B2 of this section and that the temporary outdoor use will not adversely affect adjacent properties or the public health, safety or welfare. These conditions may involve any pertinent factors affecting the operation of such temporary event or use and may include, but shall not be limited to, the following:

         a.   Operating hours.

         b.   Provision for parking facilities, including vehicular ingress and egress.

         c.   Regulation of potential nuisance factors such as, but not limited to, light and glare, noise, vibration, smoke, dust, dirt and odors.

         d.   Regulation of temporary structures and facilities, including placement, height and size, location of equipment, buffer areas and setbacks.

         e.   Provision for sanitary facilities.

         f.   Provision for waste collection and disposal.

         g.   Provision for security and safety measures.

         h.   Regulation of signs.

         i.   Any other conditions determined by the Zoning Administrator to ensure the operation of the proposed temporary outdoor use in an orderly, efficient, safe, compatible, harmonious and nuisance free manner. (Ord. 28, 8-28-2008)

   C.   Temporary/Seasonal Outdoor Sales:

      1.   Zoning District Allowance: Temporary/seasonal outdoor sales, including, but not limited to, Christmas tree sales and transient merchant sales, shall be limited to business, industrial and institutional zoning districts.

      2.   Duration: Administrative permits for temporary/seasonal outdoor sales shall be for a period not to exceed ninety (90) days in one (1) calendar year. No more than two (2) permits shall be issued to the same applicant or property in any calendar year.

      3.   Performance Standards:

         a.   Off street parking and loading shall be provided as required by chapter 9 of this title.

         b.   The use of a public address system shall be allowed, provided Minnesota Pollution Control Agency (MPCA) noise standards are upheld and such systems do not constitute a nuisance as defined by this Code.

         c.   The site upon which the temporary/seasonal outdoor sale is to be conducted shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions.

         d.   Display of items shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

         e.   No uses or displays shall be permitted in required parking areas, required green areas, parking setback areas, or any right-of-way or other public property.

         f.   Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on a site plan that is submitted and determined by the Zoning Administrator to not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.

         g.   Signage shall be limited to one (1) sign not to exceed thirty two (32) square feet. The sign may be a banner, shall have a professional appearance, and shall be mounted or erected in an appropriate location. This limitation applies to all signs associated with the sale, including those affixed to vehicles. The sign may be illuminated but shall comply with all requirements of chapter 12 of this title.

         h.   All lighting shall comply with the lighting standards of section 11-4-7 of this title.

         i.   The sale and associated parking shall not obstruct parking spaces needed by any permanent business established on the site except when a sale is held when the business is closed.

         j.   No portion of the use or event shall take place within one hundred feet (100') of any residential buildings.

         k.   The Zoning Administrator shall have the authority to exempt certain conditions determined to be non-applicable and impose additional conditions determined necessary to ensure public health, safety and welfare.

      4.   Exemption: A business located in a business or industrial zoning district shall be exempt from the requirements of subsections B and C of this section one (1) time per calendar year for a single event not to exceed four (4) consecutive days in connection with a City-wide garage sale event. (Ord. 157, 6-26-2017)

   D.   Special Outdoor Events:

      1.   Permitted Special Outdoor Events:

         a.   All Districts: The following special outdoor events may be permitted within all zoning districts subject to the provisions in this subsection and any applicable licensing requirements of this Code:

            (1)   Parades.

            (2)   Similar temporary uses which, in the opinion of the Zoning Administrator, are comparable to the preceding activity.

         b.   Nonresidential Districts: The following special outdoor events may be permitted within nonresidential zoning districts subject to the provisions in this subsection and any applicable licensing requirements of this Code:

            (1)   Community events, including, but not limited to, fairs, festivals, concerts, automobile shows, art exhibits, holiday events and pyrotechnic displays.

            (2)   Circuses, rodeos and petting zoos.

            (3)   Recycling collection events.

            (4)   Religious meetings.

            (5)   Similar temporary uses which, in the opinion of the Zoning Administrator, are comparable to the preceding activities.

      2.   Duration And Number Of Permits: Administrative permits for special outdoor events shall be for a period not to exceed ten (10) days in one calendar year. No more than two (2) permits shall be issued to the same applicant or property in any calendar year.

      3.   Performance Standards: All special outdoor events shall conform to the applicable conditions of the administrative permit as determined by the Zoning Administrator.

         a.   Off street parking and loading shall be provided as required by chapter 9 of this title.

         b.   The use of a public address system shall be allowed, provided Minnesota Pollution Control Agency (MPCA) noise standards are upheld and such systems do not constitute a nuisance as defined by this Code.

         c.   The site upon which the special outdoor event is to be conducted shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions.

         d.   No events/activities shall be permitted in required parking areas, parking setback areas, or any right-of-way or other public property.

         e.   Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on a site plan that is submitted and determined by the Zoning Administrator to not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.

         f.   Signage shall be limited to one sign not to exceed thirty two (32) square feet. The sign may be a banner, shall have a professional appearance, and shall be mounted or erected in an appropriate location. This limitation applies to all signs associated with the sale, including those affixed to vehicles. The sign may be illuminated but shall comply with all requirements of chapter 12 of this title.

         g.   All lighting shall comply with the lighting standards of section 11-4-7 of this title.

         h.   The event and associated parking shall not obstruct parking spaces needed by any permanent business established on the site except when an event is held when the business is closed.

         i.   With the exception of parades, no portion of the use or event shall take place within one hundred feet (100') of any residential buildings.

         j.   The Zoning Administrator shall have the authority to exempt certain conditions determined to be nonapplicable and impose additional conditions determined necessary to ensure public health, safety and welfare. (Ord. 28, 8-28-2008)

   A.   Existing Farms: All farms in existence upon the effective date hereof shall be a permitted use where the operator can conduct a farming operation. However, all regulations contained herein shall apply to all changes of the farming operation which will cause all or part of the area to become more intensively used or more urban in character.

   B.   Setbacks: The same setbacks and other regulations shall apply to farming operations as are applied to urban development.

   C.   Expansions And Alterations: The City may require any farm operation to secure a conditional use permit to expand or intensify said operations when such operations are too intensive as to constitute an industrial type use (consisting of the compounding, processing, and packaging of products for wholesale or retail trade), and further, that such operations may tend to become a permanent industrial type operation that cannot be terminated as can a normal farming operation. (Ord. 5, 12-14-2006)

   A.   Compliance With Regulations: No person shall, within the City, fill, excavate, dig or grade the surface of the earth, nor open any pits or excavated areas in the earth, nor do any other acts where it will raise or lower the grade of any land, except as provided in and in conformance with the applicable provisions of this Code.

   B.   Interim Use Permit Required: All applications for land reclamation or mining shall require an interim use permit under the provisions of section 11-3-3 of this title. (Ord. 5, 12-14-2006)

   C.   Environmental Protection Requirements: All applications for land reclamation or mining shall comply with the applicable environmental protection provisions of chapter 11 of this title. (Ord. 30, 10-23-2008)

   A.   Purpose: The regulation of daycare facilities in this section is to establish standards and procedures by which daycare facilities can be conducted within the City without jeopardizing the health, safety, and general welfare of the daycare participants and/or the surrounding neighborhood. This section establishes the City's minimum requirements for the establishment of daycare facilities other than in-home daycare facilities as allowed by State Statute.

   B.   Procedure: Daycare facilities, except as otherwise provided, shall be allowed in accordance with the zoning districts established by chapter 24 of this title. In addition to the City regulations, all daycare facility operations shall comply with the minimum requirements of the applicable Minnesota Department of Human Services regulations.

   C.   Special Requirements: Daycare facilities shall meet the following requirements as applicable:

      1.   Lot Requirements And Setbacks: The proposed site for a daycare facility shall have a minimum lot area as determined by the Minnesota Department of Human Services and the base zoning district in which it is located. The daycare facility shall meet the minimum setback requirements of the respective zoning districts.

      2.   Screening: Where the daycare facility is in or abuts any commercial or industrial use or zoned property, the daycare facility shall provide screening along the shared boundary of the two (2) uses. All of the required fencing and screening shall comply with the fencing and screening requirements in sections 11-5-4 and 11-5-5 of this chapter.

      3.   Parking:

         a.   There shall be adequate off street parking which shall be located separately from any outdoor play area and shall be in compliance with chapter 9 of this title.

         b.   There shall be adequate short term parking or drop off area provided within close proximity to the main entrance. Short term or drop off parking shall accommodate three (3) car spaces and shall be designated as temporary in nature. The short term parking or drop off area shall not conflict with off street parking access and shall not conflict with pedestrian movement. The short term parking or drop off area is in addition to off street parking and loading spaces required by chapter 9 of this title.

         c.   Except as may be approved as part of a joint parking arrangement, as regulated by section 11-9-5 of this title, when a daycare 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.

      4.   Signage: All signing and informational or visual communication devices shall be in compliance with chapter 12 of this title.

      5.   Building Requirements: The building plans for the construction or alteration of a structure that is to be used as a daycare facility shall be submitted to the City for review by the City building official to ensure that the structure is in compliance with the State Building Code. The facility shall meet the following conditions:

         a.   Architectural Appearance: The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause incompatibility with neighboring properties or constitute a blighting influence within a reasonable distance of the lot.

         b.   Land Use Compatibility: Internal and external site land use compatibility and sufficient peripheral area protections shall be provided by the daycare facility.

         c.   Play Space: Play space shall be adequately enclosed where necessary to prevent children from leaving the premises unattended.

         d.   Outdoor Areas: Outdoor play areas shall not be provided within the required front yard setbacks.

      6.   Conditions Of Permit: The Planning Commission and City Council may impose such conditions on the granting of a daycare facility conditional use permit as may be necessary to carry out the purpose and provisions of this title.

      7.   State Licenses Required: Proof of approved applicable State licenses shall be provided to the Zoning Administrator prior to the building official granting a certificate of occupancy.

      8.   Inspections: The City hereby reserves the right, upon issuing any daycare facility conditional use permit, to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed. (Ord. 179, 10-25-2018)

Yard/garage or rummage sales conducted in Residential Zoning Districts shall comply with the following:

   A.   Merchandise offered for sale shall be the personal property of the occupant unless approved by the Zoning Administrator.

   B.   Sales shall be limited to a maximum of four (4) consecutive days and occurring no more than two (2) times within one calendar year per property.

   C.   Signs shall be governed by chapter 12 of this title. (Ord. 5, 12-14-2006)

   A.   Purpose: The purpose of this section is to establish provisions for the opportunity as well as control of sexually oriented businesses within the City.

   B.   General Requirements: Sexually oriented businesses, as defined in section 11-2-2 of this title, shall be subject to the following general provisions:

      1.   Activities classified as obscene, as defined by Minnesota Statutes section 617.241, are prohibited.

      2.   Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also used for residential purposes. (Ord. 5, 12-14-2006)

      3.   Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, 3.2 percent malt liquor or wine. (Ord. 5, 12-14-2006; amd. 2011 Code)

      4.   A sexually oriented business which does not qualify as an accessory sexually oriented business shall be classified as a principal sexually oriented business.

   C.   Principal Sexually Oriented Businesses:

      1.   Principal sexually oriented businesses shall be located at least two hundred (200) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the principal sexually oriented business is located, to the property line of:

         a.   Another principal sexually oriented business.

         b.   Schools.

         c.   Churches.

         d.   Daycare facilities. (Ord. 5, 12-14-2006)

         e.   Public parks. (Ord. 188, 4-11-2019)

         f.   Residential Zoning Districts.

      2.   Principal sexually oriented business activities, as defined by this title, shall be classified as one use. No two (2) principal sexually oriented businesses shall be located in the same building or upon the same property, and each business shall be subject to the above provisions.

      3.   All building walls and openings, such as entryways and windows, shall be covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area. In the case of new construction, and whenever it is considered feasible by the zoning administrator, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semipublic areas.

      4.   Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other public or semipublic areas.

   D.   Accessory Sexually Oriented Business: Accessory sexually oriented businesses shall:

      1.   Comprise no more than five percent (5%) of the floor area of the establishment in which it is located; provided, that the maximum floor area used for accessory sexually oriented businesses may not exceed one thousand (1,000) square feet.

      2.   Comprise no more than ten percent (10%) of the gross receipts of the entire business operation.

      3.   Not involve or include any activity except the sale or rental of merchandise.

      4.   Be restricted from and prohibit access to minors by the physical separation of such items from areas of the general public access as follows:

         a.   Movie Rentals: Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator.

         b.   Magazines: Publications classified or qualifying as sexually oriented shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

      5.   Be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted.

   E.   State Statute Superseded: This section hereby supersedes Minnesota statutes section 617.242 in its entirety. (Ord. 5, 12-14-2006)

   A.   Purpose: The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between those home occupations having minimal or no secondary impact ("permitted home occupations") and those which have potential for adverse effects upon surrounding areas ("interim home occupations").

   B.   Interpretation: Subject to the nonconforming use provisions of this title, all home occupations, as defined in section 11-2-2 of this title, shall be further defined to distinguish permitted home occupations from interim home occupations. Accordingly, all home occupations which satisfy the permitted home occupation criteria shall be considered a permitted accessory use in all residential zoning districts. Home occupations which are not specifically prohibited and fail to satisfy the permitted home occupation criteria shall require an interim use permit, as provided in this section.

   C.   Prohibited Home Occupations: The following uses have a tendency to be too intense or potentially disruptive for home occupations and thereby adversely affect residential areas. The following uses are specifically prohibited as home occupations:

Manufacturing.

Repair services which produce objectionable light, glare, noise or vibration including, but not limited to, auto repair, appliance repair and small engine repair.

Teaching or instruction which customarily consists of more than two (2) nonfamily pupils at a time.

   D.   General Home Occupation Requirements: The following requirements shall apply to all home occupations (both permitted and interim):

      1.   No home occupation shall produce light, glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

      2.   No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

      3.   The home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall not result in an incompatibility or disturbance to 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 materials used in the home occupation; except, that personal automobiles used in the home occupation may be parked on the site.

      6.   The home occupation shall meet all applicable building and fire codes.

      7.   No home occupation shall be conducted between the hours of ten o'clock (10:00) P.M. in the evening and seven o'clock (7:00) A.M. in the morning.

      8.   All home occupations shall comply with the provisions of the city nuisance ordinances.

   E.   Permitted Home Occupation Requirements: In addition to the requirements of subsection D of this section, the following additional requirements shall apply to all permitted home occupations:

      1.   There shall be no exterior display or signs which are visible from outside the building.

      2.   No persons other than those who customarily reside on the premises shall be employed.

      3.   The operation of any wholesale or retail business shall not be permitted unless:

         a.   It is conducted entirely by telephone, mail or electronic medium.

         b.   The merchandise is stored elsewhere than on the premises.

         c.   The business operation does not include the sale of equipment or delivery of merchandise to the premises.

         d.   Customers do not come to the home for any part of the transaction.

      4.   The home occupation shall be conducted entirely within the principal dwelling and shall not be conducted in attached garages or accessory structures, unless conducted within an approved accessory dwelling unit. No more than twenty five percent (25%) of the gross floor area of the principal dwelling shall be used for the home occupation.

      5.   The home occupation shall not create a parking demand of more than two (2) vehicles at one time.

      6.   The home occupation shall not create a demand for on street parking. All parking associated with the home occupation shall be off street and shall be accommodated within the garage and the existing driveway area.

      7.   In no case shall the home occupation create a need for an additional driveway access to the property.

   F.   Interim Use Home Occupation Requirements: Home occupations which are not specifically prohibited by subsection C of this section and fail to satisfy the permitted home occupation criteria of subsection E of this section shall require an interim use permit and shall comply with the following requirements:

      1.   The conditions of subsection D of this section shall be satisfied.

      2.   No more than one person other than those who customarily reside on the premises shall be employed.

      3.   Teaching or instruction activities shall not consist of more than two (2) nonfamily pupils at a time.

      4.   All activity on the premises associated with the home occupation shall not cause any adverse changes to the residential character of the neighborhood.

      5.   Any exterior changes necessary to conduct the home occupation are sufficiently screened, properly designed, or separated by distance so as to be consistent with the existing adjacent residential uses and compatible with the residential occupancy.

      6.   Any interior changes necessary to conduct the home occupation shall comply with all building, electrical, mechanical and fire codes governing the use in a residential occupancy.

      7.   Traffic generated by the home occupation shall involve vehicle types and volumes that are typically associated with single-family residences, and such traffic shall not constitute a nuisance or safety hazard.

      8.   Signs associated with the interim home occupation shall be in accordance with chapter 12 of this title.

   G.   Nonconforming Uses: Existing home occupations lawfully existing on the effective date hereof may continue as nonconforming uses. Any existing home occupation that is discontinued for a period of more than thirty (30) days or is in violation of the provisions under which it was initially established shall be brought into conformity with the provisions of this section.

   H.   Inspections: The city hereby reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed. (Ord. 5, 12-14-2006; amd. Ord. 222 1-14-2021)

   A.   Permit Required:

      1.   Any retaining wall four feet (4') in height or greater shall require a building permit.

      2.   No building permit is required for landscape walls less than four feet (4') in height, but such walls are subject to the requirements stated in this section.

      3.   No building permit is required for terraced retaining walls consisting of separate walls measuring less than four feet (4') in height and set apart by at least two feet (2').

   B.   Application Requirements And Site Inspections:

      1.   All retaining wall applications shall include an elevation sketch, drainage details, and an official letter and/or plans approved by a licensed engineer.

      2.   All retaining wall permit applications shall include a certificate of survey and/or site plan, drawn to scale, showing/labeling the following:

         a.   Property address and/or legal description.

         b.   Fronting street(s) and street names.

         c.   Property lines and property line dimensions.

         d.   Proposed retaining wall material/type.

         e.   Proposed location of the retaining wall and distance from property lines.

         f.   Existing objects and/or structures located near the proposed retaining wall.

      3.   Before a site inspection is conducted by the designated city official, the following items shall be located on site and clearly marked with paint, flags, stakes, and/or laths:

         a.   Property corners. If a certificate of survey is not submitted, a licensed surveyor shall officially mark/expose the property corners/boundary lines and provide the city with written verification of that survey. Any property markers/monuments found missing or substandard shall be reset by a licensed surveyor.

         b.   Boundary lines.

         c.   Proposed retaining wall location.

   C.   Setbacks:

      1.   All private retaining walls and landscape walls abutting up to or running parallel with a nearby property line shall be set back at least two feet (2') from said property line to allow for adequate access and maintenance. Exception: Any retaining wall extending over or up to a property line shall be approved by the city and designed to be structurally independent.

      2.   All private retaining walls and landscape walls shall be set back away from the edge of any public roadway, trail, or sidewalk to allow for adequate room for access and maintenance.

      3.   Private retaining walls and landscape walls adjacent to wetlands shall be set back in accordance with all applicable city, state, and federal wetland buffer regulations as amended from time to time.

   D.   Drainage, Utilities, Wetlands, And Easements:

      1.   Rights Of Way And Easements:

         a.   Private retaining walls shall not extend into any public rights of way, easements, or onto public property except by means of an encroachment agreement approved by the city. The approval or denial of such an agreement shall be solely within the city's discretion. Said encroachment agreement shall also be recorded with the county recorder's office. Further, the city or any utility company having authority to use the rights of way or easements, shall not be liable for repair or replacement of landscape/retaining walls in the event that they are moved, damaged, or destroyed by virtue of the lawful use of the easement.

         b.   Any landscape or retaining wall placed in a drainage easement shall not adversely affect drainage or create debris buildup.

         c.   All landscape or retaining wall applicants and/or property owners are responsible for verifying that no conflict exists with utilities prior to installation.

      2.   Drainage: All retaining walls shall be accompanied with an appropriate drainage system to adequately relieve water pressure behind the wall and provide for proper drainage.

   E.   General Requirements:

      1.   State Building Code Compliance: All retaining walls shall comply with the regulations stated in the state building code as amended from time to time.

      2.   Retaining Wall Barriers: A permanent barrier shall be required at the top of retaining walls if the height of the drop off is greater than thirty inches (30") and the top edge of the drop off is located within five feet (5') of a public sidewalk or trail.

      3.   Maintenance: Landscape and retaining wall owners are responsible for keeping their walls in a condition of good repair and appearance and not in a condition of disrepair, danger, or in a state that constitutes a public or private nuisance. Any landscape or retaining wall shall be considered a public nuisance, if it does not comply with the following:

         a.   All landscape/retaining walls shall comply with associated regulations relating to nuisance and blight stated in this code.

         b.   All landscape/retaining walls shall be constructed firmly in place and not in a stage of bowing or collapse.

         c.   All landscape/retaining walls shall be maintained in sound and good repair and free from loose boards/blocks/boulders, breaks, or gaps not otherwise intended in the original design of the wall. The wall shall be free from any defects or condition which makes the wall hazardous.

         d.   All wooden landscape/retaining walls shall be made of treated or decay resistant wood.

         e.   No landscape/retaining walls shall have a failing drainage system. (Ord. 76, 8-25-2011)

Pursuant to authority granted by Minnesota statutes section 462.3593, subdivision 9, the city of Elko New Market opts out of the requirements of Minnesota statutes section 462.3593, which defines and regulates temporary family healthcare dwellings. (Ord. 136, 7-28-2016)

   A.   Purpose: The purpose of this section is to provide for construction of Accessory Dwelling Units in order to accommodate the housing needs of residents. The specific purposes of this section are to:

      1.   Create new housing units while respecting the appearance and character of single- family dwellings;

      2.   Provide housing that responds to changing family needs, privacy standards, and household sizes;

      3.   Make more efficient use of existing housing stock and infrastructure; and,

      4.   Encourage the creation of additional affordable housing.

   B.   Performance Standards:

      1.   Location: Accessory Dwelling Units may be located on detached single-family lots in residential zoning districts. Accessory Dwelling Units are not permitted in conjunction with two-family dwellings, townhomes, or multiple-family dwellings.

      2.   Type: Accessory Dwelling Units may be attached to or located within single-family dwellings. Accessory Dwelling Units are also permitted in, or attached to, detached accessory structures. The location and design standards of all Accessory Dwelling Units in attached or detached accessory structures shall be required to meet the standards of section 11-6 of this title.

      3.   Single-Family Dwelling Standards: Accessory Dwelling Units in combination with their associated single-family dwelling must conform to all City Code requirements for single-family dwellings, including but not limited to setback, height, recreational vehicle, commercial vehicle, and accessory structure standards.

      4.   Number: No more than one Accessory Dwelling Unit is permitted per residential lot.

      5.   Size: Attached or detached Accessory Dwelling Units must be at least two-hundred fifty (250) square feet in area and shall conform with the area limitations contained in section 11-6-6 of this title. In no case shall the Accessory Dwelling Unit exceed the area of the principal dwelling unit.

      6.   Parking: A minimum of one (1) off-street parking space shall be provided for the Accessory Dwelling Unit. The required off-street parking space is in addition to those required for the principal dwelling unit.

      7.   Utilities: Accessory Dwelling Units shall use the same water and sanitary sewer connections and water meter as the single-family, detached dwelling. Separate utility metering for the Accessory Dwelling Unit is prohibited. On lots without municipal water and sewer, an application for an Accessory Dwelling Unit must be accompanied by a written report from a licensed Subsurface Sewage Treatment System Inspector that includes the following: 1) compliance inspection, 2) review of the on-site septic system to ensure that it is sized correctly for the additional dwelling unit and 3) review stating that there are no conflicts between the existing septic system and the location of the proposed Accessory Dwelling Unit. The report must be completed to the satisfaction of the city or its authorized representative.

      8.   Appearance: Accessory Dwelling Units shall be designed and maintained as to be consistent with the architectural design, style, appearance and character of the principal structure as a single-family residence; the appearance of a two-family dwelling must be avoided. If the Accessory Dwelling Unit extends beyond the current footprint or existing height of the main building, such an addition must be consistent with the existing facade, roof pitch, siding and windows.

      9.   Home Occupations: Home occupations are allowed within an Accessory Dwelling Unit pursuant to section 11-5-17 of this title.

      10.   Ownership: The owner of the property shall reside in the principal dwelling unit or in the Accessory Dwelling Unit. Accessory Dwelling Units may not be subdivided and may not be otherwise separated in ownership from the associated single-family dwelling.

      11.   Addressing: Accessory Dwelling Units with an exterior entrance different than the principal dwelling unit shall be identified by "Unit A" following the primary property address (e.g., 123 Main Street Unit A).

      12.   Building Code Compliance: The Accessory Dwelling Unit and the associated single-family dwelling must meet current Minnesota State Building Code provisions as adopted in Title 10 of this Code. (Ord. 222, 1-14-2021)

Accessory drive-through facilities shall comply with the following:

   A.   Not less than one hundred twenty feet (120') of segregated automobile stacking shall be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to sixty feet (60') per lane.

   B.   The stacking lane and its access shall be designed to control traffic in a manner to protect the buildings and will not interfere with on site traffic circulation, pedestrian walkways, or access to the required parking space.

   C.   No part of the public street or boulevard may be used for stacking of automobiles.

   D.   The stacking lane, order board telecom, and window placement shall not be located in the front yard and shall be designed and located in such a manner as to minimize glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site.

   E.   The drive-through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights-of-way.

   F.   A lighting and photometric plan will be required that illustrates the drive-through service lane lighting and shall comply with section 11-4-7 of this title. (Ord. 244, 3-10-2022)

Accessory outdoor dining/seating shall comply with the following:

   A.   The dining/seating area shall be located on private property.

   B.   The dining/seating area shall not exceed forty five percent (45%) of the gross floor area of the principal use.

   C.   The outdoor dining/seating area shall be defined with the use of landscaping, fencing or other means that contains the tables and chairs for the use as demonstrated on a site plan and approved by the City.

   D.   No food or beverages shall be served to persons outside of the designated outdoor seating area except in association with other City approvals.

   E.   Dining/seating areas shall be located so as not to obstruct required entrances and exits.

   F.   If located on private sidewalks or walkways, the dining/seating area shall be located so as to leave a minimum of a five foot (5') wide passageway for pedestrians.

   G.   The consumption of alcoholic beverages within the outdoor dining/seating area may be allowed subject to applicable liquor licensing provisions of this Code.

   H.   If outdoor alcohol service is available, signage shall be posted that restricts consumption of alcohol outside of the designated outdoor dining/seating area.

   I.   If outdoor alcohol service is available, patrons shall access the outdoor dining/seating area through the principal building.

   J.   The outdoor dining/seating area shall not abut an R-1, R-2, or R-3 Zoning District. (Ord. 244, 3-10-2022)

Accessory outdoor sales and display shall comply with the following:

   A.   The sales and display area shall not exceed forty five percent (45%) of the gross floor area of the principal use.

   B.   The sales and display area shall be screened from view of neighboring residential uses.

   C.   The sales and display area shall be surfaced with concrete or bitumen to control dust and erosion.

   D.   The sales and display area shall not take up, or interfere with access to, any required parking spaces.

   E.   If located on sidewalks or walkways, the sale/display area shall be located so as to leave a minimum of a five foot (5') wide passageway for pedestrians.

   F.   The display merchandise shall be maintained in a neat and orderly fashion. (Ord. 244, 3-10-2022)

Auto-repair, major shall comply with the following:

   A.   All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter in compliance with Minnesota Pollution Control Standards, Minnesota State Fire Code and other applicable building codes.

   B.   All flammable and hazardous materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota State Fire Code and other applicable state and local regulations.

   C.   Outside storage of equipment, parts or materials is prohibited, except for vehicles to be repaired.

   D.   Vehicles shall not be stored in the required parking areas for a period exceeding seven (7) days. Vehicles being repaired shall not be parked in the public right-of-way.

   E.   All repair, assembly, disassembly or maintenance of vehicles shall occur within an enclosed building. (Ord. 244, 3-10-2022)

Auto-repair, minor shall comply with the following:

   A.   All flammable and hazardous materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota State Fire Code and other applicable state and local regulations.

   B.   Outside storage of equipment, parts or materials is prohibited, except for vehicles to be repaired.

   C.   All repair, assembly, disassembly or maintenance of vehicles shall occur within an enclosed building.

   D.   Vehicles shall not be stored in the required parking areas for a period exceeding seven (7) days. Vehicles being repaired shall not be parked in the public right-of-way. (Ord. 244, 3-10-2022)

Breweries, small, with taprooms shall comply with the following:

   A.   The brewery must be licensed by the state of Minnesota.

   B.   Liquor licensing requirements of this Code must be satisfied.

   C.   In the B-2 District, total production of malt liquor may not exceed ten thousand (10,000) barrels annually. Of the ten thousand (10,000) barrel production limit, on site taproom room retail sales shall not exceed five thousand (5,000) barrels annually.

   D.   The brewery shall provide adequate space for off street loading and unloading of all trucks greater than twenty-two feet (22') in length.

   E.   Loading areas must be located and designed so they are not visible from adjoining public streets or adjoining residential zoning districts and/or uses.

   F.   No odors from the brewery shall be perceptible beyond the property line. (Ord. 244, 3-10-2022)

Commercial car washes shall comply with the following:

   A.   The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence.

   B.   Provisions shall be made to control and reduce noise.

   C.   When abutting a residentially zoned property, the entry and exit doors shall be closed during the wash and dry cycle.

   D.   The location and operation of vacuum machines must not interfere with stacking areas, on-site circulation or on-site parking and loading areas, and may not be located in a yard abutting a residentially zoned property. (Ord. 244, 3-10- 2022)

Heavy equipment sales shall comply with the following:

   A.   The area of the site used for outdoor display shall not exceed fifty percent (50%) of the total lot area.

   B.   All semitractors, semitrailers, or construction or farm implements on the premises are to be in operational condition and not considered to be refuse pursuant to section 11-4-3 of this title.

   C.   The display area shall not take up parking space or loading space as required by chapter 9 of this title. (Ord. 244, 3-10-2022)

Heavy equipment service as a principal or accessory use shall comply with the following:

   A.   Magazine or stacking space must be constructed to accommodate an appropriate number of trucks and shall be subject to approval by the city council.

   B.   Magazine or stacking space shall not interfere with on site circulation patterns or required on site parking or loading areas.

   C.   Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic noise and glare upon any existing neighboring residential uses. (Ord. 244, 3-10-2022)

Hospitals shall comply with the following:

   A.   All buildings and structures shall be located a minimum of fifty feet (50') from any property line of a residential zoning district.

   B.   Emergency vehicle access shall not be adjacent to or across the street from residentially zoned property.

   C.   The lot must have frontage to an improved collector or arterial street designated by the comprehensive plan.

   D.   Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles.

   E.   An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. (Ord. 244, 3-10-2022)

Commercial animal kennels shall comply with the following:

   A.   The kennel must be located in a freestanding building a minimum of five hundred feet (500') from any residential property line.

   B.   Outdoor play areas shall be located a minimum of one hundred feet (100') from any property line in the rear or side yards and shall be enclosed by eight foot (8') high solid fence designed to retain dogs. The fence shall provide a complete visual screen from surrounding properties.

   C.   The number of animals boarded shall not exceed one hundred (100).

   D.   An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel.

   E.   A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature shall be maintained between sixty degrees (60°) and seventy-five degrees Fahrenheit (75°F).

   F.   A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals.

   G.   Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous.

   H.   Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day.

   I.   All state health department and Minnesota pollution control agency requirements for such facilities must be met.

   J.   A "commercial animal kennel license" must be secured and all applicable conditions of the license satisfied in accordance with title 6, chapter 4, article C of this Code. (Ord. 244, 3-10-2022)

Lumberyards shall comply with the following:

   A.   The lumberyard shall be landscaped, fenced, and screened from view of neighboring uses, abutting residential districts, and the public right-of-way in compliance with section 11-5-4 of this title.

   B.   The storage areas shall be asphalt or concrete surfaced.

   C.   The display merchandise shall be maintained in a neat and orderly fashion.

   D.   The storage area shall not take up parking space or loading space as required for conformity with this title. (Ord. 244, 3-10-2022)

Manufactured home parks shall comply with the following:

   A.   The minimum area required for a manufactured home park designation shall be twenty (20) acres.

   B.   The following minimum lot requirements within the manufactured home park are:

      1.   Minimum lot area: Ten thousand five hundred (10,500) square feet.

      2.   Minimum lot width: Eighty-five feet (85').

      3.   Maximum impervious surface: Thirty five percent (35%).

   C.   The following principal structure setbacks are satisfactorily met:

      1.   Front yard: Thirty feet (30').

      2.   Side yard: Ten feet (10').

      3.   Side yard street: Thirty feet (30').

      4.   Rear yard: Twenty-five feet (25').

      5.   Rear yard abutting street: Thirty feet (30').

   D.   Accessory buildings, uses and equipment shall comply with the applicable provisions of chapter 6 of this title.

   E.   The total ground floor area of all residential buildings shall not exceed a lot coverage of thirty percent (30%).

   F.   All residences are limited to a maximum height of one story or twenty-five feet (25'). (Ord. 244, 3-10-2022)

Microdistilleries with cocktail rooms shall comply with the following:

   A.   The microdistillery must be licensed by the State of Minnesota.

   B.   Liquor licensing requirements of this Code must be satisfied.

   C.   In the B-2 District, total production of liquor may not exceed ten thousand (10,000) bottles annually. Of the ten thousand (10,000) bottle production limit, on site cocktail room retail sales shall not exceed five thousand (5,000) bottles annually.

   D.   The microdistillery shall provide adequate space for off street loading and unloading of all trucks greater than twenty-two feet (22') in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public rights-of-way, including regulating the number of trucks per day and the hours that deliveries are permitted.

   E.   Loading areas shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning districts and/or uses.

   F.   No odors from the distillery shall be perceptible beyond the property line. (Ord. 244, 3-10-2022)

Ministorage/self-service storage facilities shall comply with the following:

   A.   Building coverage shall not exceed sixty percent (60%) of the lot area.

   B.   When an "on premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for dwelling units of the Minnesota State Building Code. Off street parking shall be made available for said dwelling unit in conformance with chapter 9 of this title.

   C.   No retailing, wholesaling, manufacturing, repair, or other such activity other than storage is to occur within the facility. (Ord. 244, 3-10-2022)

Motor fuel stations shall comply with the following:

   A.   Motor Fuel Facilities: Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

   B.   Architectural Standards:

      1.   As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted.

      2.   The architectural appearance, scale, and functional plan of the building(s) and canopy shall be complementary and compatible with each other and the existing buildings in the neighborhood setting.

      3.   Exterior wall treatments such as brick, stone (natural or artificial), decorative concrete block and stucco shall be used.

   C.   Canopy: A protective canopy structure may be located over the pump island(s) as an accessory structure. The canopy shall meet the following performance standards:

      1.   The edge of the canopy shall be thirty feet (30') or more from the front and/or side lot line; provided, that adequate visibility both on site and off site is maintained.

      2.   The canopy shall not exceed eighteen feet (18') in height and shall provide fourteen feet (14') of clearance to accommodate a semitrailer truck passing underneath.

      3.   The canopy fascia shall not exceed three feet (3') in vertical height.

      4.   The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site.

      5.   Signage may be allowed on a detached canopy; provided, that the individual canopy sign does not exceed more than twenty percent (20%) of the canopy facade facing a public right-of-way.

      6.   Canopy posts/signposts shall not obstruct traffic or the safe operation of the gas pumps.

   D.   Pump Islands: Pump islands shall comply with the following performance standards:

      1.   Pump islands shall be elevated six inches (6") above the traveled surface of the site.

      2.   All pump islands shall be set at least thirty feet (30') back from any property line. Additionally, the setback between the pump islands' curb face shall be at least twenty-two feet (22').

   E.   Dust Control And Drainage: Drainage from all fueling areas shall be directed to an oil/grit separator. Minimum design standards for the oil/grit separator shall include the following:

      1.   A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area.

      2.   A minimum pool depth of four feet (4').

      3.   A minimum oil containment capacity of eight hundred (800) gallons.

      4.   Minimum maintenance inspection of two (2) times per year and/or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event shall be reported to the MPCA.

   F.   Landscaping:

      1.   Minimum required green area shall be in accordance with the provisions of chapter 10 of this title.

      2.   At the boundaries of the lot, the following landscape area shall be required:

         a.   From side and rear property lines, an area of not less than ten feet (10') wide shall be landscaped in compliance with chapter 10 of this title.

         b.   From all road rights-of-way, an area of not less than fifteen feet (15') wide shall be landscaped in compliance with chapter 10 of this title.

         c.   Where lots abut residentially zoned property, a buffer yard of not less than twenty feet (20') wide shall be landscaped and screened in accordance with section 11-5-4 and chapter 10 of this title.

         d.   The property owner shall be responsible for maintenance of all landscaping, including within the boulevard.

   G.   Exterior Lighting: The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent residential uses or from the public right-of-way and shall be in compliance with section 11-4-7 of this title. A comprehensive lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards:

      1.   Canopy Lighting: Canopy lighting under the canopy structure shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination below the canopy shall not exceed one hundred fifteen (115) foot-candles at ground level.

      2.   Illumination: Maximum site illumination shall not exceed limits set forth in section 11-4-7 of this title.

   H.   Circulation And Loading: The site design shall accommodate adequate turning radius and vertical clearance for a semitrailer truck. Designated loading areas shall be exclusive of off-street parking stalls and drive aisles. A site plan shall be provided to illustrate adequate turning radius, using appropriate engineering templates.

   I.   Noise: Public address system shall not be audible at any property line. Playing of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated by section 11-4-8 of this title.

   J.   Outside Storage, Sales And Service: No outside storage or sales shall be allowed, except as follows:

      1.   Sale or display of goods shall be allowed on the sidewalk immediately in front of the principal building, provided that a minimum five-foot clearance is maintained for pedestrian access and that the display does not exceed four feet in height and is maintained in an orderly fashion. Display shall not block the handicap accessible route.

      2.   A compressed air service area may be located on site as long as it does not interrupt on site traffic circulation.

      3.   Bottled Gas Sales and Filling: Bottled gas sales and filling shall be allowed as an accessory use, provided:

         a.   All flammable materials, including liquids and rags, shall conform with the applicable provisions of the fire code adopted in section 10-2-1 of this code.

         b.   Sales activities shall be reviewed and subject to conditions set forth by the city fire marshal.

         c.   Propane sales of twenty (20) pound capacity tanks may be located outside, provided the propane tanks are secured in a locker and meet all State and City Building and Fire Codes.

         d.   Equipment related to the filling of bottled gas shall be secured inside the principal or an accessory building.

   K.   Litter Control: The operation shall be responsible for litter control on the subject property, which is to occur on a daily basis. Trash receptacles shall be provided at convenient locations on site to facilitate litter control. (Ord. 244, 3- 10-2022)

Motor vehicle sales shall comply with the following:

   A.   The outside sales areas shall be fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with section 11-5-4 of this title.

   B.   The architectural appearance, scale, building materials and functional plan of the site and building shall not be dissimilar to existing uses and buildings so as to cause a blighting influence.

   C.   The sales area shall be surfaced with bitumin or concrete.

   D.   The sales area shall not take up parking space as required for conformity with this title.

   E.   Hours of operation shall be limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M., unless otherwise allowed by the city council.

   F.   Accessory automobile repair shall require the processing of a separate conditional use permit. (Ord. 244, 3-10-2022)

Outdoor service, sale and rental as a principal or accessory use shall comply with the following:

   A.   Outside service areas shall be fenced and screened from view of the public right of way, neighboring residential uses, or an abutting residential district in compliance with section 11-5-4 of this title.

   B.   The use shall not take up parking space as required for conformity with this title.

   C.   The service, sale, and/or rental areas shall be asphalt or concrete surfaced. (Ord. 244, 3-10-2022)

Outdoor storage as a principal or accessory use shall comply with the following:

   A.   The storage area shall be landscaped, fenced, and screened from view of neighboring uses, abutting residential districts, and the public right-of-way in compliance with section 11-5-4 of this title.

   B.   The storage areas shall be asphalt or concrete surfaced.

   C.   If an accessory use, the storage area shall not be located within the front yard.

   D.   The storage area shall not take up parking space or loading space as required for conformity with this title. (Ord. 244, 3-10-2022)

Truck stops shall comply with the following:

   A.   Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. (Ord. 244, 3-10-2022)

   A.   A cannabis business must be registered with the city in accordance with Chapter 4 of the City Code.

   B.   A cannabis business must provide evidence of a state license issued under Minnesota Statues, section 342.14 and all applicable state laws and regulations.

   C.   All cannabis businesses must be in compliance with the provisions of Chapter 4 of the City Code and all applicable state laws and regulations related to the operation of the cannabis business. (Ord. 309, 11-14-2024)

   B-1: Neighborhood Business District, B-2: Downtown Business District, B-4: Highway Business District, B-5: General Business District, B-6: Business Campus District, and B-7: Mixed Use Business District:

   A.   Hours of Operation: A cannabis business operating in a Business District shall be limited to occur between the hours of eight o'clock (8:00) AM to ten o'clock (10:00) PM Monday through Saturday, and ten o'clock (10:00) AM to nine o'clock (9:00) PM on Sunday.

   B.   Standards for Cannabis in Business Districts:

      1.   The cannabis business shall be conducted entirely within a principal structure and all outside storage is prohibited.

      2.   All waste and recycling containers shall be kept within a principle or accessory building.

      3.   Sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting a cannabis business shall be provide for at all times.

      4.   Cannabis cultivation shall not be perceptible from the exterior of the building in which cultivation occurs, excluding signage.

      5.   Security:

         a.   Burglary alarm systems with audible and police notification components that are professionally monitored and maintained in good working condition shall be installed on all doors, windows, and access points.

         b.   Surveillance cameras shall be installed and operate twenty-four (24) hours a day, seven (7) days a week, with thirty (30) day video storage, to monitor all entrances and trash receptacles, along with the interior and exterior of the premises shall be required.

         c.   Exterior lighting shall be required sufficient for observers to see and for cameras to record, that is either constantly on or activated by motion detectors, subject to the requirements of section 11-4-7 of this title.

         d.   Deadbolt locks shall be installed and utilized on all exterior doors and locks shall be installed on all other windows or access points. (Ord. 309, 11-14-2024)

   I-1: Limited Industrial and I-2: General Industrial District:

   A.   Hours of Operation: A cannabis business operating in a Business District shall be limited to occur between the hours of eight o'clock (8:00) AM to ten o'clock (10:00) PM Monday through Saturday, and ten o'clock (10:00) AM to nine o'clock (9:00) PM on Sunday.

   B.   Standards for Cannabis in Industrial Districts:

      1.   The cannabis business shall be conducted entirely within a principal structure and all outside storage is prohibited.

      2.   All waste and recycling containers shall be kept within a principle or accessory building.

      3.   All on-site consumption of cannabis (in a microbusiness licensed facility only) shall be entirely indoors.

      4.   Sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting a cannabis business shall be provide for at all times.

      5.   Cannabis cultivations shall not be perceptible from the exterior of the building in which cultivation occurs, excluding signage.

      6.   Security:

         a.   Burglary alarm systems with audible and sheriff notification components that are professionally monitored and maintained in good working condition shall be installed on all doors, windows, and access points.

         b.   Surveillance cameras shall be installed and operate twenty-four (24) hours a day, seven (7) days a week, with thirty (30) day video storage, to monitor all entrances and trash receptacles, along with the interior and exterior of the premises shall be required.

         c.   Exterior lighting shall be required sufficient for observers to see and for cameras to record, that is either constantly on or activated by motion detectors, subject to the requirements of section 11-16-17 of this title

         d.   Deadbolt locks shall be installed and utilized on all exterior doors and locks shall be installed on all other windows or access points. (Ord. 309, 11-14-2024)

(Rep. by Ord. 323, 4-10-2025)