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Fairmont City Zoning Code

ARTICLE VII

PERFORMANCE STANDARDS

Sec. 26-551.- Generally.

The guiding of urban development so as to develop a compatible relationship of uses depends upon certain standards being maintained. Uses, whether permitted or conditional in any district shall conform to this article.

(Ord. No. 86-4, § 7.05(1)(A), 6-30-86)

Sec. 26-552. - Glare and heat.

Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Any light or combination of lights which cast light on a public street shall not exceed one (1) footcandle (meter reading) as measured from the centerline of said street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from said property.

(Ord. No. 86-4, § 7.05(1)(B), 6-30-86)

Sec. 26-553. - Explosives.

Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than four hundred (400) feet from any R district line, provided that this section shall not apply to the storage or usage of liquified petroleum or natural gas for normal residential or business purposes.

(Ord. No. 86-4, § 7.05(1)(C), 6-30-86)

Sec. 26-554. - Screening.

(a)

Screening shall be required in residential zones where:

(1)

Any off-street parking area contains more than four (4) parking spaces and is within thirty (30) feet of an adjoining residential lot line; and

(2)

Where the driveway to a parking area of more than six (6) parking spaces is within fifteen (15) feet of an adjoining residential lot line.

(b)

Where any commercial or industrial use (parking, storage or structure) is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on the side of a business or industry considered to be the front as determined by the zoning administrator.

(c)

Fencing or screening as required by this chapter shall consist of either a fence or greenbelt planting strip.

(d)

A greenbelt planting strip shall consist of evergreen ground cover and shall be of sufficient width and density to provide screening of eighty (80) percent view for every square yard. This planting strip shall contain no structures or other use. Such planting strips shall not be less than eight (8) feet in height. Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required screen. Such plantings shall be set back at least three (3) feet from the property line to allow maintenance. The planting plan and type of shrub shall be approved by the planning commission based upon a recommendation by appropriate city staff.

(e)

A required screening fence shall be constructed of masonry, brick, treated or decay resistant wood, steel or a combination thereof. Such fence shall provide screening of eighty (80) percent view for every square yard and shall not exceed eight (8) feet in height or be less than six (6) feet in height. Such fence shall not extend within fifteen (15) feet of any street or driveway opening onto a street. The design and materials used in constructing a required screening fence shall be subject to the approval of the planning commission based upon a recommendation by appropriate city staff.

(Ord. No. 86-4, § 7.05(1)(D), 6-30-86)

Sec. 26-554.1. - Maintenance.

In all districts, all structures, required landscaping, and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

(Ord. No. 86-4, § 7.05(1)(E), 6-30-86)

Sec. 26-555. - Waste material.

Waste material shall not be washed into the public storm sewer system nor the sanitary sewer system without a permit from the city. If said permit is not granted a method of disposal shall be devised which will not require continuous land acquisition for permanent operation and will not cause a detrimental effect to the adjacent land. Should the waste be of a solid form rather than fluid the storage area shall be so located and fenced as to be removed from public view. In all districts, all waste material debris, refuse, garbage, materials not currently in use for construction or otherwise regulated herein shall be kept in an enclosed building or properly contained in a tight fitting closed container for such purposes. The owner of vacant land shall be responsible for keeping such vacant land free of waste material and noxious weeds. Existing uses shall comply with this provision within six (6) months following enactment of this chapter.

(Ord. No. 86-4, § 7.05(1)(F), 6-30-86)

Sec. 26-556. - Drainage.

(a)

No land shall be developed, and no use shall be permitted that results in water run-off causing flooding or erosion on adjacent properties. Such runoff shall be properly channeled into a storm drain, water course, ponding area or other suitable facility. Improvements resulting in increased surface run-off may be required to comply with the city's stormwater management ordinance, article IX.

(b)

Water being discharged by sump pumps, downspouts, or other conduits shall be discharged on the property from which it is originated or be directed to the nearest street or storm sewer without crossing neighboring properties. Water directed over sidewalks or onto adjacent properties shall not cause a nuisance condition for the property owner or the general public.

(Ord. No. 86-4, § 7.05(1)(G), 6-30-86; Ord. No. 2018-17 , 10-22-18)

Sec. 26-557. - Traffic control.

The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residential areas. Traffic into and out of all business and industrial uses or areas shall in all cases be forward moving with no backing onto streets or pedestrian ways. No access drive to any lot shall be located within twenty (20) feet of any two (2) intersecting minor or collector street right-of-way lines nor within forty (40) feet of any two (2) intersecting major thoroughfare street right-of-way lines.

(Ord. No. 86-4, § 7.05(1)(H), 6-30-86)

Sec. 26-558. - Off-street loading.

In connection with any structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading space in accordance with the requirements of this chapter. Where noise from loading or unloading activity is audible in a residential district, the activity shall terminate between 7:00 p.m. and 7:00 a.m.

(Ord. No. 86-4, § 7.05(1)(I), 6-30-86)

Sec. 26-559. - Radiation and electrical emissions.

No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment including but not limited to radio and television reception other than that of the creator of the disturbance.

(Ord. No. 86-4, § 7.05(1)(J), 6-30-86)

Sec. 26-560. - Odors.

The emission of odorous matter in such quantities as to be offensive shall not be permitted. The emission of odor by any use shall be in compliance with and regulated by the state pollution control standards, Minnesota Regulation APC 1-15 and as subsequently expanded.

(Ord. No. 86-4, § 7.05(1)(K), 6-30-86)

Sec. 26-561. - Noise.

(a)

All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness, and as measured at any property line, shall not exceed the following intensity in relation to sound frequency measured at a property line:

Octave Band,
Cycles Per Second
Sound Levels in
Decibels Measured
at Property Line
Period Within Which
Existing Uses
Must Comply
Residence
Districts
Nonresidential
Districts
37.5 to 75 58 73 5 years
75 to 150 54 69
150 to 300 50 65
300 to 600 46 61
600 to 1200 40 55
1200 to 2400 33 48
2400 to 4800 26 41
Over 4800 20 35

 

(b)

The standards as established in this section shall conform to Minnesota noise control standards.

(c)

The following uses and activities shall be exempt from the above noise level regulations.

(1)

Noises emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m.

(2)

The noise of safety signals, warning devices, and emergency pressure relief valves.

(3)

Transient noises of moving sources such as automobiles, trucks, airplanes and railroads.

(4)

The levels specified in clause one (1) above may be exceeded by ten (10) decibels for a single period, no longer than fifteen (15) minutes in length, in any one (1) day.

(Ord. No. 86-4, § 7.05(1)(L), 6-30-86)

Sec. 26-562. - Vibration.

Vibration shall not be discernible at any property line to the human sense of feeling for three (3) minutes or more in any one (1) hour.

(Ord. No. 86-4, § 7.05(1)(M), 6-30-86)

Sec. 26-563. - Smoke.

The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the state pollution control standards, Minnesota Regulation APC 1-15 and as subsequently expanded, modified or amended.

(Ord. No. 86-4, § 7.05(1)(N), 6-30-86)

Sec. 26-564. - Drainage plans.

In the case of multiple family dwellings and commercial and industrial developments, drainage plans shall be submitted to the city engineer for his review and comments, with the final drainage plans and development subject to his approval.

(Ord. No. 86-4, § 7.05(2), 6-30-86)

Sec. 26-565. - Exterior storage.

All materials and equipment, except as provided elsewhere in this chapter, shall be stored within a building or structure or full screened so as not to be visible from adjoining properties, except for the following:

(1)

Clothes lines and poles.

(2)

Recreational equipment and vehicles.

(3)

Construction and landscaping material currently being used on the premises.

(4)

Off-street parking of licensed and operational passenger vehicles and trucks.

(Ord. No. 86-4, § 7.05(3), 6-30-86)

Sec. 26-566. - Junkyards.

Automobile or farm implement salvage and wrecking operations, industrial metal and waste salvage operations, and junkyards are permitted uses in the I-2 general industry district. Such operations shall be conducted within an area enclosed with a fence not less than eight (8) feet in height. If such operation is adjacent to a public right-of-way or an R residential district, a screening fence is required to enclose the operation. Nonconforming existing operations have one (1) year from the effective date of this chapter in order to comply with this section.

(Ord. No. 86-4, § 7.05(4), 6-30-86)

Sec. 26-567. - Land reclamation and mining.

Land reclamation and mining shall be permitted in agricultural and industrial districts by conditional use permits. The conditional use permit shall include as a condition thereof an approved finish grade plan which will not adversely affect the adjacent land, and an approved program for regulating the type of fill permitted, for control of rodents, fire, vehicular ingress and egress, hours of operation, unstable slopes, materials dispersed by wind or hauling of material to or from the site, and general maintenance of the site.

(Ord. No. 86-4, § 7.05(5), 6-30-86)