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Good Thunder City Zoning Code

PERFORMANCE STANDARDS

§ 154.140 INTENT.

   It is the intent of this subchapter to guide development so as to create a compatible relationship of land uses by maintaining certain standards. Within the various districts, the permitted uses, conditional uses and accessory uses shall conform to these standards. Standards listed shall be construed as minimum standards and the City Council may require adherence to approved or suggested state standards.
(2001 Code, § 11.11)

§ 154.141 COMPLIANCE.

   In order to ensure compliance with the performance standards set forth, the Planning Commission may require the owner or operator of any facility to have made investigations and tests as may be required to show adherence to the performance standards. The investigation and tests as are required to be made shall be carried out by an independent testing organization as may be selected by the city, at the applicant’s expense.
(2001 Code, § 11.11)

§ 154.142 LANDSCAPING.

   (A)   All required yards shall either be landscaped or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees and shrubs which are properly maintained in a well-kept condition, in accordance to conditions specified in Chapter 92 of this code.
   (B)   Commercial and industrial yards adjoining any of the classes of residence districts shall be landscaped with buffer planting screens. Plans of the screens shall be submitted for approval as a part of the site plan and installed prior to the commencement of operation.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.143 NOISE.

   Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity, except for noise from agricultural sources in the A-1 Agriculture Zone generated by agricultural use shall be exempt.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.144 ODORS.

   (A)   Any use established, enlarged or remodeled shall be so operated as to prevent the emission of odorous matter of a quantity as to be readily detectable at any point beyond the lot line of the site on which the use is located.
   (B)   Detailed plans for the prevention of odors that cross property lines may be required before the issuance of a zoning permit, except odors from agricultural sources.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.145 GLARE.

   Glare, whether direct or reflected, such as floodlights or high temperature processes, and as differentiated from general illumination, shall not be directed at or illuminate adjacent properties.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.146 EXTERIOR LIGHTING.

   Any lights used for exterior illumination shall direct light away from adjoining properties.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.147 VIBRATION.

   (A)   Any use creating periodic earth-shaking vibrations shall be prohibited if the vibrations are perceptible beyond the lot line of the site on which the use is located.
   (B)   The standard shall not apply to vibrations created during the process of construction.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.148 SMOKE AND PARTICLE MATTER.

   Any use established, enlarged or remodeled after the effective date of this chapter shall be so operated to meet the minimum requirements of the state’s Pollution Control for the emission of smoke or other particulate matter.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.149 DUST.

   (A)   Solid or liquid particles shall not be emitted at any point in concentrations exceeding three-tenths grain per cubic foot of the conveying gas or air.
   (B)   For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500°F and 50% excess air.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.150 TOXIC OR NOXIOUS MATTER.

   Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot where the use is located, toxic or noxious matter in a concentration as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.151 GARBAGE, REFUSE AND THE LIKE.

   Any bins placed outside of buildings and used to store waste, refuse or recycled material shall have lids and be enclosed by a wall, fence, shrub or other concealing barrier.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.152 EXPLOSIVES.

   (A)   Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from any residential district line.
   (B)   Note: this does not apply to petroleum fuel storage or sales.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.153 STATE BUILDING CODE.

   City Council elected not to adopt and enforce the state’s Building Code within its jurisdiction in August, 1988, except those provisions for handicapped persons in accordance with M.S. §§ 326B.106 and 326B.16, as they may be amended from time to time.
(2001 Code, § 11.11)

§ 154.154 HEIGHT REGULATIONS.

   (A)   Where the average slope of a lot is greater than one foot rise or fall in seven feet of horizontal distance from the established street elevation at the property line, one story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.
   (B)   Height limitations set forth elsewhere in this chapter may be increased by 100% when applied to the following:
      (1)   Monuments;
      (2)   Flag poles;
      (3)   Cooling towers;
      (4)   Elevator penthouses; and
      (5)   Windmills.
   (C)   Height limitations set forth elsewhere in this chapter may be increased with no limitation when applied to the following:
      (1)   Church spires, belfries or domes which do not contain usable space;
      (2)   Water towers;
      (3)   Chimneys or smokestacks;
      (4)   Radio or television transmitting towers;
      (5)   Essential service structures; and
      (6)   Grain elevators.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.155 YARD REGULATIONS.

   Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications.
   (A)   Cornices, canopies or eaves may extend into the required front yard a distance not exceeding four feet, six inches.
   (B)   Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches.
   (C)   A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three feet, six inches may be placed around the place.
   (D)   The above enumerated architectural features may also extend into any side or rear yard to the same extent; except that, no porch, terrace or outside stairway shall project into the required side yard distance.
   (E)   A wall, fence or hedge may occupy part of the required front, side or rear yard.
   (F)   On double frontage lots, the required front yard shall be provided on both streets.
   (G)   The required front yard of a corner lot shall not contain any wall, fence or other structure, tree, shrub or other growth which may cause danger to traffic on a road or public road by obscuring the view.
   (H)   The required front yard of a corner lot shall be unobstructed above a height of three feet in a triangular area, two sides of which are the lines running along the side road between the road intersection and a point 25 feet from the intersection, and the third side of which is the line between the latter two points.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.156 LOT AREA REGULATIONS.

   No lot shall be so reduced that the area of the lot or dimensions of the open spaces shall be smaller than prescribed.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.157 ACCESSORY USES.

   The following accessory uses, in addition to those previously specified, shall be permitted in any residential and agricultural district, if the accessory uses do not alter the character of the premises, as determined by the Planning Commission, in respect to their use for the purposes permitted in the district:
   (A)   The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions permitted in the district; and
   (B)   Recreation, refreshment and service buildings in public parks and playgrounds.
(2001 Code, § 11.11)

§ 154.158 ACCESSORY BUILDINGS.

   (A)   In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building, except as otherwise provided in this chapter.
   (B)   A detached accessory building shall not be located in any required front yard.
   (C)   A detached accessory building not over one story and not exceeding 12 feet in height shall occupy not more than 30% of the area of any rear yard; providing further that, no detached accessory building shall be located within ten feet of any rear or side lot line, except as noted in the residential district.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.159 BUILDINGS TO BE MOVED.

   Any building or structure which has been wholly or partially erected on any premises, located either within or outside of the city shall not be moved to and be placed upon any other premises in the city until an authorization to use the building or structure shall have been secured and a zoning permit obtained. In the event circumstances do not permit the owner to secure prior approval and permits, the owner shall immediately notify the Clerk-Treasurer that the building is being moved. The owner must supply to the Clerk-Treasurer, within 48 hours, written documentation as to why prior consent and necessary permits were not obtained. Documentation must be signed by the party from whom the structure was purchased. The owner will have five calendar days in which to secure a permit for a building which has been moved. Any building or structure shall conform to all the provisions of this chapter, in the same manner as a new building or structure.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.160 TRAFFIC VISIBILITY.

   No fence, wall, structure, planting or obstruction shall be erected, established or maintained on any corner lot exceeding 42 inches in height, as measured from the centerline elevation of the street, which will obstruct the view of a driver of a vehicle.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.161 FENCES.

   (A)   All boundary line fences shall be entirely located upon the private property of the persons, firm or corporation constructing, or causing the construction of the fence, unless the owner of the property adjoining agrees, in writing, that the fence may be erected on the division line of the respective properties. No setback requirements shall apply.
   (B)   Fences in the agricultural and residential districts shall not exceed six feet in height in the side and rear yards and shall not exceed 42 inches in height in the front yard.
   (C)   Fences in the business and industry districts shall not exceed six feet in height, except security fences, which shall not exceed eight feet in height including barbed wire toppings.
   (D)   No fences shall be constructed within utility easements.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.162 LOT SURVEYS.

   In such cases where fences are being erected on property lines or structures are being enlarged within questionable distances of the applicable setbacks in districts, the city’s Planning Commission will require the applicant (at the applicant’s expense) to have the lot surveyed and staked in order to ensure compliance with those regulations established by the city.
(2001 Code, § 11.11)

§ 154.163 LIMITS ON REQUEST FOR VARIANCES, CONDITIONAL USE PERMIT OR AMENDMENT.

   A request for a variance, conditional use or amendment which has been denied may not be requested again until a period of six months has passed unless the applicant can show to the satisfaction of the Planning Commission or Board of Adjustment that the conditions which were present under the earlier request filed have changed or that the request is substantially different.
(2001 Code, § 11.11)

§ 154.164 HOME OCCUPATIONS.

   (A)   In any zoning district where home occupations are authorized, the following regulations governing the home occupations shall be complied with.
      (1)   The home occupation shall be conducted entirely within the dwelling, by inhabitants with no more than one outside employee.
      (2)   The use shall be clearly incidental and secondary to the use of the dwelling purpose and shall not change the residential character.
      (3)   Home occupation shall not exceed 500 square feet of floor space.
      (4)   Accessory buildings and or attached garages can be used as part of the home occupation as long as the structure is not specifically dedicated for the occupation and occupies less than 30% of the total structure and is incidental and secondary to the use of the principal residential structure on the property.
      (5)   The home occupations shall not require internal or external alterations or involved construction features not customarily found in dwellings.
      (6)   There shall be no exterior display or storage of equipment and materials associated with the home occupation.
      (7)   Allowable signage shall be limited to one sign, not more than four square feet in total size, non-illuminated and attached to the dwelling.
      (8)   There shall be no indication of offensive noise, vibration, smoke, dust, odors, heat or glare at or beyond the property line.
   (B)   All non-conforming home occupations legally existing prior to the adoption of this chapter shall be allowed to continue but shall not be allowed to expand, rebuild, relocate, replace or alter without being brought into compliance with all the requirements of this section.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.165 MINIMUM RESIDENTIAL STRUCTURE REQUIREMENTS.

   All structures used for residential occupancy shall have a minimum width of 20 feet on its narrowest dimension and shall be affixed to a permanent foundation constructed of concrete block, poured concrete, or wood in accordance with Building Code standards. This provision shall apply to all R-1 and R-2 residential zones.
(2001 Code, § 11.11)

§ 154.166 EARTH-SHELTERED BUILDINGS.

   (A)   Where an earth-sheltered building substantially alters the natural watershed of the lot, computations for yard area shall be based on measurements from the surrounding cover of earth. In cases where the earth-sheltered building has been made part of the natural terrain, computations for yard area shall be made from the exterior surface of the building.
   (B)   All applications for zoning permits for earth-sheltered buildings presented to the Planning Commission shall be accompanied by a suitable drainage plan.
(2001 Code, § 11.11) Penalty, see § 10.99

§ 154.167 NUMBERING OF HOMES AND PLACES OF BUSINESSES.

   (A)   Display. The current address of all homes and other buildings occupied shall be displayed on the exterior of the home or business facing the street adjacent to the home or business building in compliance with this section.
   (B)   Size of numbers.
      (1)   Each number of the address attached to the home or business shall be at least three inches, but no greater than six inches in size.
      (2)   The number shall be of a color that contrasts to the color of the building to which it is attached.
      (3)   The number of the address shall be in Arabic numbers. Roman numerals, numbers in writing or other forms are insufficient and if used, Arabic numerals shall also be displayed in accordance with this section.
   (C)   Location. All numbers attached to a home or business place shall display the address of the home or business place and shall be located in a position near the front door of the building so it may be seen from the street or road clearly at night with a spotlight or a porch light attached to the building.
(2001 Code, § 11.11) Penalty, see § 10.99