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Forest Lake City Zoning Code

ENVIRONMENTAL REGULATIONS

§ 153.180 PURPOSE.

   The purpose of these regulations is to protect the environment.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.181 EXPLOSIVES.

   Uses involving the commercial storage, use, or manufacture of materials or products that could detonate by decomposition are not permitted.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.182 RADIATION AND ELECTRICAL INTERFERENCE.

   No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of ordinary business or household equipment and appliances. Any such emissions are hereby declared to be a nuisance.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.183 NOISE, ODOR, AIR, AND WATER POLLUTION.

   Notwithstanding anything contained herein to the contrary, the standards of the Minnesota Pollution Control Agency and other adopted city ordinances regulating noise, odor, air, and water pollution shall be the standards applied in those areas.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.184 VIBRATIONS.

   (A)   Any vibration discernible (beyond the property line) to the human sense of feeling for a 3 minute or more duration in any 1 hour is prohibited.
   (B)   Any vibration resulting in any combination of amplitudes and frequencies beyond the “safe” range of the most current standards of the United States Bureau of Mines on any structure is prohibited.
   (C)   These standards do not apply to vibrations created during the process of construction.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.185 GLARE OR HEAT.

   Any operation producing an intense heat, light transmission, or glare shall be performed with the necessary shielding to prevent such heat or light from being detected at the lot line of the site on which the operation is located.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.186 PUBLIC HEALTH.

   The following are declared to be nuisances endangering public health and are prohibited:
   (A)   Causing or allowing the effluent from any cesspool, septic tank, drain field, or human sewage disposal system to discharge upon the surface of the ground, or dumping the contents thereof at any place except as authorized by the Minnesota Pollution Control Agency;
   (B)   Causing or allowing the pollution of any public well, cistern, stream, lake, canal, or body of water by sewage, industrial waste, or other substances;
   (C)   Failing to dispose of carcasses of animals within 24 hours after death;
   (D)   Any use that discharges through evaporation into the atmosphere, on the soil surface or in the subsoil, within or beyond the boundaries of the lot wherein such use is located, toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, or welfare, or cause injury or damage to property or business;
   (E)   The ownership, possession, or control of any unused refrigerator or other container with doors which fasten automatically when closed, of sufficient size to retain any person, and which is exposed and accessible to the public, without removing the doors, lids, hinges, or latches, or providing locks to prevent access by the public.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.187 REFUSE.

   In all districts and on all construction sites (with the exception of agricultural uses and crop residue), all waste material, debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping the land free of refuse. Waste material shall not be washed into either the public storm sewer system or the public sanitary system without first receiving permission to do so from the city. If the permission 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 a liquid, the storage area shall be so located and fenced to be out of public view.
   (A)   Refuse not consisting of motor vehicles. The notice provided by the city of illegally stored or piled garbage or refuse not including motor vehicles shall state that if within 15 days of receipt of the notice the violation has not been corrected, the city, at its discretion, may dispose of the refuse or garbage and bill the property owner for the city’s disposal and reasonable administrative costs incurred. If repayment of the city cost is not forthcoming within 30 days of actual disposal, the City Council shall cause all costs of the disposal to be assessed against the property in accordance with the procedure for assessment.
   (B)   Refuse consisting of motor vehicles. In the event refuse consisting of a motor vehicle is illegally stored, the city shall give the owner of the vehicle notice of the violation and 15 days to take corrective action. An owner has taken corrective action when the vehicle is legally parked and licensed, mechanically operable, and in compliance with all state requirements for an operable vehicle on public roads. In the event corrective action is not taken within 15 days from the notice of the violation, the city may take the vehicle into custody, impound it, and sell it immediately at public auction.
   (C)   Right of entry. The city is hereby authorized and directed to enter onto private property to investigate any complaint for violation or any apparent violation of this chapter or to dispose of any garbage or refuse stored or piled in violation of this chapter. The property owner and every property occupant shall give the city free access to the property at all reasonable times for the purpose of the investigation or disposal.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.188 VACANT LAND.

   (A)   The owner of vacant land is responsible for keeping the land free of weeds, refuse, debris, and other unsightly, noxious, or dangerous conditions.
   (B)   Vacant land cannot be used for exterior storage unless contiguous to a lot under the same ownership having a principal use or approved permit. All storage must meet all other requirements of this chapter.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.189 HAZARDOUS WASTE.

   Any use that generates, processes, stores, or disposes of hazardous waste shall comply with the standards and regulations of the Washington County Hazardous Waste Management Ordinance, Minnesota Pollution Control Agency (MPCA), and any other federal, state, and local agencies.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.190 VEHICLES.

   (A)   Vehicles, boats, trailers, and other equipment in an inoperable state and/or unlicensed shall not be parked and/or kept in any district, except in a location authorized by this chapter or in an enclosed building.
   (B)   Recreational vehicles, including but not limited to trailers, campers, motor homes, boats, pop-up campers, and trailers that transport snowmobiles, wave runners, ATV’s, and the like are restricted as follows:
      (1)   Recreational vehicles exceeding 30 feet in length may not be stored in any residential district.
      (2)   No recreational vehicles or equipment shall be parked in the public right-of-way.
      (3)   Recreational vehicles exceeding 30 feet in length may be temporarily parked in residential driveways for a maximum of 72 hours for trip preparation and unloading purposes.
      (4)   Recreational vehicles shall be parked meeting accessory structure setback requirements.
      (5)   No recreational vehicle shall be used for living, sleeping, or housekeeping purposes in any zoning district unless otherwise authorized by this chapter.
      (6)   This section does not apply to recreational vehicles offered for sale in any approved outdoor sales and display area of a motor vehicle or recreational equipment sales dealership.
   (B)   No more than 1.5 vehicles per licensed driver within the household may be stored on a residential parcel unless kept within an enclosed building. All vehicles shall be licensed to a member of the household. This does not pertain to guest parking.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.191 OUTDOOR WOOD BOILER SYSTEMS.

   (A)   Purpose. This section is intended to ensure that outdoor wood boiler systems are utilized in a manner that does not create a public nuisance and is not detrimental to the health, safety, and general welfare of the residents of the city.
   (B)   Definitions. For purposes of this section, the following terms shall have the definitions indicated unless the context clearly calls for or indicates a different meaning.
      CLEAN FUEL. Natural dry wood which has not been painted, varnished, or coated with a similar material, has not been pressure-treated with preservatives, and does not contain resins or glues as in plywood or other composite wood products and other Environmental Protection Agency approved fuels.
      OUTDOOR WOOD BOILER SYSTEM. An appliance installed out-of-doors and designed to transfer or provide heat, via liquid or other means, through the burning of clean fuel for heating purposes. OUTDOOR WOOD BOILER does not include a fire pit or wood-fired barbeque.
      PUBLIC NUISANCE. As defined in § 96.01.
   (C)   Area of operation. An outdoor wood boiler system may be installed and used in the conservancy, agriculture, rural residential, and industrial zoning districts only.
   (D)   Certificate of compliance. A certificate of compliance shall be obtained from the city prior to installing, altering, or relocating a wood boiler system.
   (E)   Application for a certificate of compliance.
      (1)   An application for a certificate of compliance shall be made to the city upon forms furnished by the city. The application shall include the following data:
         (a)   Name and address of applicant and property owner;
         (b)   Legal description of the property;
         (c)   A site plan or survey, if deemed necessary by the city, illustrating the dimensions of the property, including location of buildings and the wood boiler relative to the lot lines and distances from neighboring residences that are within 300 feet; and
         (d)   Manufacturer’s specifications for installation.
      (2)   All applications shall be accompanied by an application fee.
   (F)   Application for building permit. A building permit must be obtained to assure that all outdoor wood boiler systems meet all building and fire codes, and manufacturer’s specifications for installation.
   (G)   Minimum requirements for all outdoor wood boiler systems.
      (1)   All requirements for installation and maintenance shall be met including but not limited to local, state, and federal regulations and manufacturer’s specifications.
      (2)   An outdoor wood boiler system shall be located at least 300 feet from any residence or principal building which is not on the same property as the outdoor wood boiler system.
      (3)   An outdoor wood boiler system shall only be placed in a location meeting the minimum required setbacks of an accessory structure within the applicable zoning district.
      (4)   An outdoor wood boiler system shall have an attached permanent stack extending 2 feet higher than the roof line of the structure being served and residential or principal buildings within a 500-foot radius of the wood boiler system.
      (5)   An outdoor wood boiler system shall not be operated or maintained in a manner which creates a public nuisance.
      (6)   An outdoor wood boiler system shall burn clean fuel only. An outdoor wood boiler system shall not be operated in a manner which creates any dense smoke, noxious fumes or noxious gas or releases soot or cinders in unreasonable quantities.
      (7)   An outdoor wood boiler system shall be equipped with properly functioning spark arresters.
      (8)   An outdoor wood boiler system may not be operated from April 1 to October 1 in each year.
   (H)   Right of entry and inspection.
      (1)   An officer, agent, employee or representative of the city may inspect any property for the purpose of ascertaining compliance with the provisions of this section.
      (2)   If the city determines that the operation of a wood boiler system is creating a nuisance or is being operated in a manner hazardous to persons or property, or not meeting the requirements of this section, the city may revoke the certificate of compliance after a hearing is held by the City Council upon 10 days’ written notice given to the owner.
   (I)   Existing outdoor wood boiler systems. Outdoor wood boiler systems installed prior to the adoption of this section shall be operated in compliance with the minimum requirements of this section except that the distance requirement of division (G)(2) above shall not apply; and for any existing outdoor wood boiler system not located in a conservancy, agriculture, or rural residential district, the requirements of division (C) above shall not apply. The owner(s) of the property on which the outdoor wood boiler system is installed shall make an application for a certificate of compliance within 30 days of adoption of this section.
(Ord. 570, passed 12-10-2007; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.192 DRILLING OF WELLS IN DRINKING WATER SUPPLY MANAGEMENT AREA.

   (A)   Purpose. The purpose of this section is to protect the city’s drinking water supply by prohibiting the drilling of wells within the city’s drinking water supply management area.
   (B)   Connection to city water supply for properties with existing wells. The owner of property improved with a building located within the city’s drinking water supply management areas (DWSMA) as defined in the city’s Wellhead Protection Plan (on file at City Hall) where a public water supply is available, or becomes available, shall connect the buildings to the public water supply, subject to the following conditions.
      (1)   A private property with a functional well shall not be required to connect to a public water supply until the well becomes non-functioning such that new drilling is required.
      (2)   At the time connection to the public water supply is completed, all existing private wells no longer in use shall be sealed by a licensed well contractor according to the rules of the Minnesota Department of Health.
   (C)   Prohibition. No well, as that term is defined in M.S. Ch. 103I, other than a public water supply well or a well drilled for dewatering or groundwater monitoring purposes, may be drilled or otherwise established within the city’s drinking water supply management areas (DWSMA) as defined in the city’s Wellhead Protection Plan (on file at City Hall) unless the property on which the well is to be drilled does not have reasonable access to the city’s water supply system. For the purpose of this section, a property will be deemed to have reasonable access to the city’s water supply system if any part of the property is located within 500 feet of access to the city’s water supply system.
(Ord. 668, passed 9-11-2017; Am. Ord. 736, passed 4-22-2024)

§ 153.193 SUSTAINABILITY REQUIREMENTS FOR ALL BUSINESS, COMMERCIAL, INDUSTRIAL, MIXED USE, NON-RESIDENTIAL USES IN A RESIDENTIAL DISTRICT AND THE MULTI-FAMILY RESIDENTIAL DISTRICT.

   To achieve the principles and objectives presented in the Comprehensive Plan and implement the city’s Sustainability Action Plan, sustainable design and development elements shall be incorporated into all commercial/industrial, mixed use and non-residential development in residential districts, and applied to apartments and multi-family structures. A developer must select a minimum of 1 item from each of the following categories and provide a detailed narrative as to how this requirement is being satisfied:
   (A)   Storm water mitigation. The city supports the use of the following techniques for storm water mitigation; however, final approval and permitting authority must be obtained from the appropriate Watershed District.
      (1)   Pervious paving: Use of pervious surface system technology within 50% or more of paved surface area.
      (2)   Rain gardens: Move water from building or hardscape runoff on-site into planted areas specifically designed for infiltration.
      (3)   Green roof: Use a vegetated roof or rooftop garden to reduce runoff.
      (4)   Water collection from building or hardscape surfaces: Retain water on-site for irrigation or building use through cisterns or other containment systems.
      (5)   Other techniques approved by appropriate Watershed District.
   (B)   Heat island reduction.
      (1)   Shade trees over hardscape areas: Use overstory trees in medians and parking lot perimeter planting areas where the canopy will intercept sun from the pavement.
      (2)   Roofing materials: Use white roofing materials or other roofing material solar reflective index meeting acceptable sustainability standards and benefits.
   (C)   Water use reduction.
      (1)   Use native landscaping techniques and a high efficiency irrigation system to minimize long term water usage.
      (2)   Use captured surface runoff from other areas on-site to serve landscaped areas.
   (D)   Landscaping.
      (1)   Use best management practices for tree plantings in order to encourage maximum canopy growth. See §§ 153.134 et seq. for additional landscaping requirements.
      (2)   Landscaping shall be designed to provide shading and cooling during the summer months while minimizing reduction of solar heat penetration during the winter months. See §§ 153.134 et seq. for additional landscaping requirements.
      (3)   Landscaping is to be environmentally sensitive and should include native drought resistant plants and turf, and a reduced need for chemical fertilizers and pest control. See §§ 153.134 et seq. for additional landscaping requirements.
      (4)   Where irrigation is required in §§ 153.134 et seq., use recycled gray water, roof water, collected site run-off, or an irrigation system that will deliver up to 95% of the water supplied.
   (E)   Energy efficiency. All buildings and sites are to be sited and developed in such a way as to maximize the benefits of the site for solar heating and passive cooling through the following techniques, where feasible:
      (1)   Buildings are to be oriented on the site to optimize passive solar heating and cooling opportunities.
      (2)   Buildings are to be oriented so as to minimize wind loads on the structure.
      (3)   Windows are to be placed, and appropriately shaded, to maximize solar penetration during the winter months and minimize solar penetration during the summer months.
      (4)   Install solar panels in conformance with § 153.092(TT) to provide at least 10% of the project’s estimated electricity demand.
      (5)   A minimum of 50% of all exterior light fixtures used on-site shall be powered by solar panel energy.
      (6)   All lighting shall be downcast and use LED fixtures meeting requirements in § 153.130.
      (7)   Daylight sensors or timers shall be installed on all exterior lighting.
(Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.194 WETLAND BANKS.

   (A)   Purpose. The purpose of this section is to protect the limited land resources that exist within the city. The real estate that exists within the city limits includes a significant amount of property that is defined as “wetlands” by either the Wetland Conservation Act or the Clean Water Act, and as a result the impacted property is generally unavailable for development. The remaining supply of property within the city that is eligible for development is limited. It is therefore critical for the future growth, livability, economic sustainability and economic development of the city, that this limited supply of developable land be protected.
   (B)   Authority. The city has wide authority to regulate the uses of property within the city. The legislature recognized in M.S. § 462.351 the importance of the city’s authority to adequately conduct and implement municipal planning. Pursuant to M.S. § 462.351, Subd. 1, the city may regulate the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil, conservation, water supply conservation, and conservation of shorelands.
   (C)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      WETLAND MITIGATION BANK. The creation, restoration, enhancement, or (in certain circumstances) preservation of wetlands, stream, or other aquatic resource to be sold in exchange for compensation, as permitted under local, state, and federal regulations, to mitigate the unavoidable impacts to aquatic resources caused by an off-site development, redevelopment, or similar project.
   (D)   Wetland mitigation bank. Wetland mitigation banks made by creation, restoration, enhancement, or preservation are prohibited within the city.
   (E)   Exception. Nothing in this section shall be construed to prohibit project specific and/or permittee responsible wetland mitigation accomplished through restoration, enhancement, or preservation, provided it is required for part of a development or redevelopment located within the city.
(Ord. 724, passed 6-12-2023; Am. Ord. 736, passed 4-22-2024)