Performance Standards
1. Maintenance.
(a) It is the property owner’s responsibility to ensure that:
(1) Exterior improvements, buildings and structures on their property are maintained, in good repair to maintain their structural integrity including keeping exterior protective surfaces, walls, foundations and roofs from deterioration and dilapidation.
(2) Every outdoor wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight, and rodentproof. Exterior walls shall be maintained free from extensive cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other exterior building material that gives evidence of long neglect.
(3) A building, structure and their features such as doors, windows, screens, eaves and soffits shall be deemed to be out of repair if it meets any of the following:
((a)) More than 25% of the area of any plane or wall on which the protective surface paint is blistered, cracked, flaked, rusted, scaled or chalked away;
((b)) More than 25% of the pointing of any brick or stone wall is loose or has fallen out. Pieces of the wood, metal, or other approved protective cover are missing;
((c)) More than 25% of the area of any door or window has evident delaminating of wood, discoloration of permanent finish or warping;
((d)) There is a hole on a surface that is one-inch in diameter or larger; or
((e)) Any garage door which fails to close entirely or is missing a panel.
(4) All openings intended for windows and doors shall have intact windows and doors installed in said openings.
(5) Gutters and downspouts shall be installed properly and shall be maintained so to avoid unsightly appearance by virtue of sagging, collapsed sections or missing pieces.
(6) Every yard with site elements including but not limited to fences, walkways, steps, driveways and landscaping shall be maintained in a well-kept condition and meet all the standards of this Chapter.
(7) Every exterior stairway of a building and every porch, deck or balcony shall be kept in a safe condition and sound repair. Every exterior stairway, step, stoop, porch and balcony shall be free of deterioration and/or rotting supports.
2. Essential Services
(a) Connection is required on each lot served by City sanitary sewer.
(b) Connection is required on each lot served by a City water line.
3. Drainage and Grading Requirements.
(a) For all properties, a finished ground grade must be established such that natural drainage away from all buildings is provided. The following minimum criteria apply:
(1) The minimum elevation of finished grade must comply with the State Building Code requirements;
(2) The City may specify a minimum finished ground grade for any structure in order to allow proper drainage and a minimum top of footing elevation to allow for connection to City utilities;
4. Grading must meet all other requirements of the Erosion Control and Stormwater Management Chapter; and
(1) For non-residential properties, the minimum elevation of finished grade must not be less than one-fourth inch rise per horizontal foot of setback measured from curb grade.
1. In order to assure compliance with these standards, the City may require the owner or operator of any use to conduct such investigations and tests as may be required to show adherence to the standards.
(a) Any investigations and tests will be carried out by an independent testing organization agreed upon by all parties concerned or, if after a 30 days’ notice, there is failure to agree, an independent testing organization will be selected by the City.
(b) The costs incurred in having such investigations or tests conducted will be shared equally by the owner or operator and the City.
(c) If the investigation and testing disclose noncompliance with these standards, the entire cost must be paid by the owner or operator.
(d) This procedure does not preclude the City from making any tests and investigations it finds appropriate to determine compliance with these standards.
(e) Any property that is in violation of any of this section will be given one year from the date of written notification by the City or any other regulatory agency to abate the violation. If the pollution is determined to be hazardous to any person, animal or plant life, the time of one year will be reduced to a reasonable limit.
(f) If action is not taken to abate the condition during the specified time, the use is not allowed to continue operation within the City.
1. Enclosure of Uses. All principal, accessory, and temporary uses must be established, operated and maintained within a completely enclosed structure, unless specifically allowed by this code, or it is considered a nuisance.
2. Prohibited Activities and Nuisances in All Districts
(a) Explosives. No activities involving the storage, utilization or manufacture of materials or products such as TNT, dynamite or other explosives which could detonate is permitted except such as are specifically allowed by Minnesota Statutes (M.S.) § 624.20 Fireworks.
(b) Radiation and Electrical Emissions. No activities are permitted that emit dangerous radioactivity beyond enclosed areas. There must be no electrical disturbance (except those from domestic household appliances) adversely affecting the operation of any equipment other than that of the creator of such disturbance beyond the property line.
(c) No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare, dust or other such adverse influences from uses are permitted in any district that have an unreasonable effect upon adjacent or nearby property. Minimum standards are as follows:
(1) Waste: Waste materials, refuse or garbage in all districts must be contained in closed containers as required under the Solid Waste Management Chapter of the Code. Waste disposal must not be dangerous to public health and safety, nor damage public waste transmission or disposal facilities. Sanitary landfills are prohibited within the City limits.
(2) Noise: The noise standards must comply with the Noise Chapter of the Code.
(3) Smoke and Odors: The smoke and odor standards must comply with M.S. Chapter 116 except for woodburning devices used for supplemental heat, as regulated in the Fire Prevention Chapter of the Code.
(4) Air Pollution and Dust: The air pollution and dust standards must comply with M.S. Chapter 116.
(5) Vibration
((a)) Any vibration beyond the property line discernible to the human sense or feeling for three minutes or more of duration in any one hour or any vibration producing an acceleration of more than 0.1 G’s or resulting in any combination of amplitudes and frequencies beyond the “safe” range of Table 7, United States Department of the Interior, Bureau of Mines Bulletin No. 442, “Seismic Effects of Quarry Blasting”, on any structure is prohibited.
((b)) Uses which may cause vibration must meet all applicable state and federal laws, local ordinances and policies.
(6) Toxic or Noxious Matter: No use is allowed to, for any period of time, deposit or discharge toxic or noxious matter of such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or businesses.
(7) Erosion. No erosion is permitted onto neighboring properties or into natural waterways. A property owner must not permit the property to be used or built on without applying all such reasonable measures as may be required to prevent wind or water erosion. The City may require reasonable measures of a property owner or developer to meet specific land alterations and stormwater requirements to prevent wind or water erosion, as specified in the Erosion Control and Stormwater Management Chapter of the Code.
(8) Water Pollution. The discharge of raw sewage, industrial wastes or other pollutants into the waterways or lakes of the City is subject to the regulations within the Erosion Control and Stormwater Management Chapter of the Code.