Performance standards are established to minimize conflicts among land uses, to preserve the use and enjoyment of property, and to protect the public health, safety and welfare. These standards shall apply to all uses of land or structures and are in addition to any requirements applying to specific zoning districts.

(Ord. No. 99-20, § 1, 11-23-99)

No use or structure shall be operated or occupied so as to constitute a dangerous, injurious, or noxious condition because of fire, explosion or other hazard, noise, vibration, smoke, dust, fumes, odor or other air pollution, light, glare, heat, cold, dampness, electrical disturbance, liquid or solid refuse or waste, water or soil pollution, or other substance or condition. No use or structure shall unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities. In addition, no use or structure shall be operated or occupied in a manner not in compliance with any performance standard contained in this ordinance or with any other applicable regulation.

(Ord. No. 99-20, § 1, 11-23-99)

In determining compliance with the performance standards of this section, the City Planner may refer any matter to such governmental agencies or other entities as deemed necessary to obtain their review and comments as to such compliance.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. No use or structure shall be operated or occupied as to create light or glare in such an amount or to such a degree or intensity as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.

(B)

Specific standards. All uses shall comply with the following standards except as otherwise provided in this section:

(1)

Lighting fixtures shall be effectively shielded and arranged so as not to shine directly on any residential property. Lighting fixtures not of a cutoff type shall be subject to the following:

(a)

Maximum initial lumens generated by each fixture shall not exceed two thousand (2,000) lumens (equivalent to a one hundred fifty (150) watt incandescent bulb).

(b)

Mounting heights of such fixtures shall not exceed fifteen (15) feet.

(2)

Lighting shall not create a sensation of brightness that is substantially greater than ambient lighting conditions so as to cause annoyance, discomfort, or decreased visual performance or visibility.

(3)

Lighting shall not directly or indirectly cause illumination or glare in excess of one-half (½) foot-candle measured at the closest residential property line and five (5) foot-candles measured at the street curb line or non-residential property line nearest the light source.

(4)

Lighting shall not create a hazard for vehicular or pedestrian traffic.

(5)

Lighting of building facades or roofs shall be located, aimed, and shielded so that light is directed only onto the facade or roof.

(6)

Lighting shall be maintained stationary and constant in intensity and color, and shall not be of a flashing, moving, or intermittent type.

(C)

Exceptions. The uses listed below shall be exempt from the provisions of this section as follows:

(1)

Publicly controlled or maintained street lighting and warning and emergency or traffic signals.

(2)

Athletic fields and outdoor recreation facilities serving or operated by an institutional or public use that otherwise meets all of the requirements of this ordinance shall be exempt from the requirements of Sections 6-340(B)(1) through (B)(4) due to their unique requirements for nighttime visibility and limited hours of operation.

(3)

Neon signs, theater marquee lights, and decorative lighting.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. No use or structure shall be operated or occupied as to create glare or heat from high temperature processes such as welding or metallurgical refining in such an amount or to such a degree or intensity as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.

(B)

Specific standard. Uses producing glare or heat shall be performed within a completely enclosed building in such manner as to make such glare or heat completely imperceptible from any point along the property line.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. No use or structure shall be operated or occupied as to vibration in such an amount or to such a degree or intensity as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.

(B)

Specific standards. All uses shall comply with the following standards:

(1)

On property within or adjacent to any non-industrial zoning district, uses creating vibration shall be conducted in such a manner as to make such vibration completely imperceptible from any point along the property line.

(2)

On all other property, uses creating vibration shall comply with the performance standards identified in Table 6-2 and shall be conducted in such a manner as to make such vibration completely imperceptible from any point along a non-industrial zoning district boundary line. Vibration shall be measured at any point along a property line with a three (3) point component measuring system recognized as a standard for such purpose and shall be expressed as displacement in inches.

Table 6-2. Maximum permitted vibration.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. No use or structure shall be operated or occupied as to create noise in such an amount or with such recurrence or at such time of day as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.

(B)

Specific standards. All uses shall comply with the standards governing noise as regulated by the Minnesota Pollution Control Agency.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. No use or structure shall be operated or occupied as to create odor in such an amount or to such degree as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.

(B)

Specific standards. All uses shall comply with the standards governing odor emissions as regulated by the Minnesota Pollution Control Agency and with the requirements identified as follows:

(1)

Venting of odors, gas, and fumes shall directed away from residential uses.

(2)

On property within or adjacent to any non-industrial zoning district, uses producing odorous matter in such quantities as to be readily detectable so as to cause annoyance or discomfort from any point along the property line shall be prohibited.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. No use or structure shall be operated or occupied as to create the emission of smoke, particulate matter, noxious gas, or other air emission in such an amount or to such degree as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.

(B)

Specific standards. All uses shall comply with the standards governing air emissions as regulated by the Minnesota Pollution Control Agency.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. No use or structure involving the manufacture, storage, or use of explosive or flammable materials shall be operated or occupied as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.

(B)

Specific standards. All uses involving the manufacture, storage, or use of explosive or flammable materials shall comply with all pertinent regulations, including but not limited to the Minnesota Building Code and Minnesota Uniform Fire Code, and shall meet the requirements identified as follows:

(1)

Safety devices. All uses involving the manufacture, storage, or use of explosive or flammable materials shall employ best management practices and the provision of adequate safety devices to guard against the hazards of fire and explosion and adequate fire-fighting and fire-suppression devices standard in the industry.

(2)

Explosive or blasting agents. The manufacture, storage, or use of any explosive or blasting agent, as defined by the Uniform Fire Code, shall be prohibited in any non-industrial zoning district.

(3)

Flammable liquids and gases.

(a)

In general. The storage of any flammable liquid or gas shall be subject to the requirements established under the Uniform Fire Code and review by the State Fire Marshal.

(b)

Distance from residential zoning districts. Storage of flammable liquids or gases in excess of one hundred twenty (120) gallons but not more than five hundred (500) gallons shall be located no closer than fifty (50) feet from the nearest residential zoning district boundary, and if outside and above-ground, shall be located no closer than one hundred (100) feet from the nearest residential zoning district boundary. Storage of flammable liquids or gases in excess of five hundred (500) gallons but not more than two thousand seven hundred fifty (2,750) gallons shall be located no closer than one hundred fifty (150) feet from the nearest residential zoning district boundary, and if outside and above-ground shall be located no closer than three hundred (300) feet from the nearest residential zoning district boundary. Storage of flammable liquids or gases in excess of two thousand seven hundred fifty (2,750) gallons shall be located no closer than three hundred (300) feet from the nearest residential zoning district boundary.

(c)

Decreasing minimum distance. A decrease in the minimum setback, established above, shall only be allowed through approval of a conditional use permit, in accordance with the provisions established in Chapter 2, Administration and Enforcement.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. No use or structure involving hazardous materials shall be operated or occupied as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.

(B)

Specific standards. All uses shall comply with the standards governing hazardous materials as regulated by the Minnesota Pollution Control Agency.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. No use or structure shall be operated or occupied as to discharge waste material in such an amount as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.

(B)

Specific standards. All uses shall comply with the standards governing waste discharge as regulated by the Minnesota Pollution Control Agency.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. No use or structure shall be operated or occupied as to create water pollution in such an amount as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.

(B)

Specific standards. All uses shall comply with the standards governing water pollution as regulated by the Minnesota Pollution Control Agency.

(Ord. No. 99-20, § 1, 11-23-99)