The purpose of this article of Appendix E is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety, and general welfare of the residents of the community.

(a)

Except as may be expressly allowed by this Appendix E, no garage, tent, accessory building, or motor home shall at any time be used as living quarters, temporarily or permanently. Tents, playhouses, or similar structures may be used for play or recreational purposes.

(b)

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

(c)

Temporary family health care dwellings shall not be allowed. The city has opted out of, and will not allow such dwellings as defined and provided for in Minnesota Statute 462.3593, as may be amended.

(Ord. No. 545, § 1, 9-6-2016)

(a)

Any person desiring to improve property shall submit to the zoning administrator a survey of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to the Code and this Appendix E. The zoning administrator may waive the requirements of a survey or other information as deemed necessary for review of a project. In evaluating whether to waive the survey submission requirement, the zoning administrator shall consider the size, scope, cost, and location of the proposed improvement.

(b)

Except by conditional use permit as provided for in article 4 of this Appendix E, not more than one principal building shall be located on a lot. No conditional use permit shall be issued for multiple principal buildings on a single lot in the R, Residential Districts unless a conditional use permit is also issued pursuant to subsections 41-4(4), 42-4(4), 43-4(4), 44-4(4), 45-4(3), or 46-4(3) of this Appendix E. The words "principal building" shall be given their common, ordinary meaning as defined in article 2 of this Appendix E. In case of doubt or on any questions or interpretation the decision of the zoning administrator shall be final, subject to the right to appeal to the board of adjustment and appeals.

(c)

No home on a through lot or corner lot in any residential zone shall be allowed direct access to any major collector or arterial street designated as such by the comprehensive plan, except as may be permitted by the city engineer.

(d)

Outlots are deemed unbuildable and no building permit shall be issued for such properties, except in the case of public park facilities and essential services.

(e)

Each lot shall have frontage and access directly onto an abutting, improved and city accepted public street in compliance with this Appendix E and chapter 30 of the Code.

Except as may be approved by the zoning administrator, and except for a governmental agency for the purpose of screening, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be placed on or extend into a yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibility from any street or driveway shall be unobstructed above a height of three feet, measured from where both street or driveway center lines intersect within the triangle described as beginning at the intersection of the projected curb line of two intersecting streets or drives, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning along the other curb line. The exception to this requirement shall be where there is a tree, planting or landscape arrangement within such area that will not create a total obstruction wider than three feet.

(a)

Purpose. It is the purpose of this section to encourage the use of lighting systems that will reduce light pollution and promote energy conservation while increasing night time safety, utility, security and productivity.

(b)

Exemptions. The provisions of this section shall not apply to the following:

(1)

This section does not prohibit the use of temporary outdoor lighting used during customary holiday seasons.

(2)

This section does not prohibit the use of temporary outdoor lighting used for civic celebrations and promotions.

(3)

Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings or structures.

(4)

Emergency lighting by police, fire and rescue authorities.

(c)

Nonconforming uses.

(1)

Existing fixtures. All outdoor lighting fixtures existing and legally installed prior to February 9, 2003 are exempt from regulations of this section but shall comply with the Appendix E requirements for glare as follows:

a.

Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from flood lights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one foot candle (meter reading) as measured from the right-of-way line of said street. Any light or combination of lights which cast light on residential property shall not exceed four-tenths foot candles (meter reading) as measured from said property.

(2)

New fixtures. Whenever a light fixture that was existing on February 9, 2003 is replaced by a new outdoor light fixture, the provisions of this section shall be complied with.

(d)

Intensity. No light source or combination thereof which cast light on a public street shall exceed one foot candle (meter reading) as measured from the right-of-way line of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four-tenths foot candles (meter reading) as measured at the property line, per the method outlined in subsection 16-5(e).

(e)

Method of measuring light intensity. The foot candle level of a light source shall be taken after dark with the light meter held six inches above the ground with the meter facing the light source. A reading shall be taken with the light source on, then with the light source off. The difference between the two readings will be identified as the light intensity.

(f)

Performance standards.

(1)

Residential/public park district standards. In all residential and public districts, any lighting used to illuminate an off-street parking area, structure, or area shall be arranged as to deflect light away from any adjoining residential property or from any public right-of-way. Historic style fixtures, as approved by the city council, shall be used in all heritage preservation sites and districts as regulated in chapter 20 of the Code. All lighting shall be installed in accordance with the following provisions:

a.

The light source shall be hooded or controlled so as not to light adjacent property in excess of the maximum intensity defined in subsection 16-5(d).

b.

Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way, unless part of a permanent or decorative fixture.

(2)

Commercial district standards. Any lighting used to illuminate an off-street parking area, structure, or area shall be arranged so as to deflect light away from any adjoining property or from any public right-of-way. Historic style fixtures, as approved by the city, shall be used in all heritage preservation sites and districts as regulated in Chapter 20 of the Code, as well as throughout the city where deemed appropriate. All lighting shall be installed in accordance with the following provisions:

a.

The luminaire shall contain a cutoff which directs and cuts off the light at an angle of 90 degrees or less.

b.

Light sources shall not be permitted so as to light adjacent property in excess of the maximum intensity defined in subsection 16-5(d).

c.

Architectural/historical light fixtures that feature globes that are not shielded, or lighting of entire façades or architectural features of a building shall be approved by the city council in compliance with requirements of the Design Standards. In no case shall the light affect adjacent property in excess of the maximum intensity defined in subsection 16-5(d).

d.

The maximum height of the fixture and pole above the ground grade permitted for light sources is 18 feet. A light source mounted on a building shall not exceed the height of the building. In no case shall the height of a light source mounted on a pole or on a building exceed the height limits of the zoning district in which the use is located, or the 18 feet height limitation specified above, except as otherwise provided in this Appendix E.

e.

Location.

1.

The light source of an outdoor light fixture shall be setback a minimum of five feet from a street right-of-way and three feet from an interior side or rear lot line.

2.

No light sources shall be located on the roof unless said light enhances signage or the architectural features of the building and is approved by administrative permit.

f.

Hours.

1.

The use of outdoor lighting for parking lots serving commercial and industrial businesses shall be turned off one hour after closing, except for approved security lighting.

2.

All illuminated on-premise and off-premise signs for advertising purposes shall be turned off between 11:00 p.m. and sunrise except that said signs may be illuminated while the business facility on the premise is open for service.

g.

Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property.

(3)

Outdoor recreation. Outdoor recreational uses such as, but not limited to, baseball fields, football fields, skating rinks, docks, and tennis courts have special requirements for night time lighting. Due to these unique circumstances, a conditional use permit shall be required for outdoor lighting systems which do not comply with the regulations of this section.

a.

No outdoor recreation facility whether public or private shall be illuminated after 11:00 p.m., except for required security lighting.

b.

Off-street parking areas for outdoor recreation uses which are illuminated shall meet the requirements stated for business applications as found in subsection 16-5(f)(2).

c.

The provisions for a conditional use permit, article 4 of this Appendix E, are considered and satisfactorily met.

(4)

Outdoor signs. Signs shall only utilize illuminating devices mounted on top and facing downward of the display structure or lighting directed up toward the sign provided the light source is positioned to prevent glare directed toward any adjoining property or any right-of-way. No internal or back lighting of signs shall be allowed. Outdoor sign lighting shall comply with all provisions of this section, article 24 of this Appendix E, and the design standards.

(Ord. No. 504, § 1, 10-7-2013)

(g)

Prohibitions. The following outdoor lights are prohibited within the city:

(1)

The use of search lights for any business shall be limited to not more than four events per calendar year. During any one event, the use of search lights shall be limited to five days consecutively and shall not be used between the hours of 10:30 p.m. and sunrise.

(2)

Flashing lights.

(h)

Submission of plans. All applications, except single-family residential, that include outdoor lighting must include evidence the proposed outdoor lighting will comply with this section. The application shall contain the following information, in addition to other required information:

(1)

Site plans indicating the location on the premises of all illuminating devices, fixtures, lamps, supports, reflectors and other lighting devices.

(2)

Description of the type of illuminating devices, fixtures, lamps, supports, reflectors, and other lighting devices. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required).

(3)

Photometric plans illustrating the angle of the cutoff or light emissions, and illumination field of the proposed site lighting.

(Ord. No. 657, § 1, 9-18-2023)

Any use established or enlarged after February 9, 2003, shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to and shall not endanger the public health, safety, comfort, or general welfare of the public. For purposes of determining when the degree of smoke is unsatisfactory, the Ringlemann Chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke shall not be of a density greater than No. 2 in the Ringlemann Chart, or such other standards as may be adopted by the Minnesota Pollution Control Agency.

The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7011.

The emission of air pollution, including potentially hazardous emissions, by any use shall be in compliance with and regulated by Minn. Stats. § 116, as may be amended.

Noises emanating from any use are regulated in Chapter 16, Article III of the City Code.

(Ord. No. 569, § 1, 4-17-2017)

Any use established or enlarged shall be so operated as to prevent the emission of odorous matter in such quantities as to be readily detectable at any point beyond the lot line of the site on which such use is located.

Any use creating periodic earth shaking vibrations, such as may be created from a drop forge, shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. This standard shall not apply to vibrations created during the process of construction. Any vibration that is not in compliance with this Appendix E is a nuisance and may be abated, and the cost of abatement may be assessed against the property where the nuisance is found.

Any use requiring the storage, utilization, or manufacturing of products which would decompose by detonation shall be located not less than 400 feet from a residential district line.

(a)

All waste generated shall be disposed in a manner consistent with all Minnesota Pollution Control Agency rules.

(b)

Any accumulation of waste generated on any premises not stored in containers which comply with the Code and Minnesota Pollution Control Agency rules, or any accumulation of mixed municipal solid waste generated on any premises which has remained thereon for more than one week, or any accumulation of infectious, nuclear, pathological, or hazardous waste which is not stored and disposed in a manner consistent with Minnesota Pollution Control Agency rules is a nuisance and may be abated and the cost of abatement may be assessed against the property where the nuisance is found.

(c)

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