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Hutchinson City Zoning Code

DEVELOPMENT STANDARDS

§ 154.110 BED AND BREAKFAST ESTABLISHMENTS; CONDITIONS; LICENSING.

   Bed and breakfast establishments (“the establishment”) may be allowed as a conditional use in the city by permit as provided by the zoning and land use regulations established by the city, if the following conditions are met.
   (A)   The owner or resident manager of the establishment shall operate and reside at the facility.
   (B)   The establishment shall conform to State Health and Building Code requirements.
   (C)   The establishment’s owner must furnish evidence that licenses required by the state either have been issued or will be issued before commencing operation.
   (D)   The establishment shall be limited to five guest rooms.
   (E)   Guests shall not stay at the establishment for more than 30 days within any 90-day period.
   (F)   The establishment shall provide a minimum of one off-street automobile parking space for each guest room and one off-street automobile parking space for the owner of the establishment.
   (G)   Identifying signs for the establishment shall be no more than 20 square feet in total, located on the building and consistent with the character of the building.
   (H)   No cooking or cooking facilities shall be allowed or provided in the establishment’s guest rooms.
   (I)   Meals shall be provided only to overnight guests of the establishment. The City Council may approve, at its sole discretion, the provision of meals for non-guests for special events such as banquets or family gatherings, but only if adequate parking is provided and no increase in traffic volume will occur as a result of the special event. Approval may be limited to a single event or on an annual basis.
   (J)   The City Council may, at its sole discretion, waive parking and other non-health and safety requirements of land use and zoning ordinances of the city for facilities listed on the National Register of Historic Places.
(2004 Code, § 154.110) (Ord. 464, passed 1- -1996) Penalty, see § 154.999

§ 154.111 AUTOMOTIVE SERVICE STATIONS; STANDARDS.

   (A)   Motor fuel stations are subject to submission of a site plan conforming to the design standards in this section and a statement agreeing to the performance of those standards.
   (B)   The design standards are as follows.
      (1)   The parcel of land shall not be less than 150 feet wide and 125 feet deep with one side facing on an arterial, minor arterial or collector street.
      (2)   No curb cut on an arterial or collector street shall be within 75 feet and no curb cut on a local street shall be within 25 feet of the intersection of the project curb lines; no curb cut shall exceed 32 feet at the sidewalk line; the driveway installed with a curb cut shall not cause the public sidewalk to slope greater than one-quarter inch per foot; and no more than three curb cuts shall be permitted.
      (3)   The pump islands shall observe the required front yard setback, 15 feet or more of which shall be landscaped and protected by a curb at least six inches high except for approved driveway crossings.
      (4)   All of the area of the parcel, except that covered by buildings and landscaping, shall be hard surfaced to control dust and drainage. Drainage and surfacing plans are to be approved by the City Engineer.
      (5)   An eight-foot tall, 100% opaque fence shall be installed and maintained along the property line where that line abuts a residentially zoned parcel. There shall be a five-foot wide strip of land on the residential side of the fence landscaped with a combination of deciduous and coniferous plants approved by the city’s Planning Commission. Should the abutting area be zoned residential, a 50-foot setback is to be provided between the property line and any principal or accessory structure.
      (6)   A minimum of four parking spaces for each service stall shall be provided, none of which are within the service drives for the pumps nor within the required front yard; also, should the motor fuel station be a combined business, the portion of the site and structure devoted to the other business shall be calculated independently for determining parking to be provided.
      (7)   All lights shall be so located or shielded that the resulting light pattern does not extend into abutting residential lots or the public right-of-way beyond the intensity of one foot-candle.
      (8)   The sale or rental of trailers, autos, campers, boats or other merchandise requiring outside storage shall be considered a separate business, shall be approved as a separate business and shall not occupy the minimum area required to conduct a motor fuel station.
      (9)   No obstructions shall be placed in the public right-of-way, handicapped ramps, parking stalls or access drives.
      (10)   A perspective drawing, including elevations, shall be submitted for approval which indicates an architectural style compatible with adjacent existing or proposed developments.
      (11)   Provisions shall be made for on-lot receptacles for the storage of trash in areas which are screened from the public view.
      (12)   Where vending machines are proposed as an accessory use, they shall be incorporated into the design of the structure.
      (13)   All fuel storage tanks shall be placed in conformance with state fire codes and so located that they may be serviced without the truck extending beyond the property line.
(2004 Code, § 154.111) (Ord. 464, passed 1- -1996) Penalty, see § 154.999

§ 154.112 CAR WASHES; STANDARDS.

   (A)   Car washes are subject to the submission of a site plan conforming to the design standards in this section and a statement agreeing to the performance of those standards.
   (B)   The design standards are as follows.
      (1)   The minimum lot width shall be 125 feet at the front yard building setback line.
      (2)   No curb cut on an arterial or collector street shall be within 75 feet and no curb cut on a non-major thoroughfare shall be within 25 feet of the intersection of the project curb lines; no curb cut shall exceed 28 feet at the sidewalk line; the driveway installed with a curb cut shall not cause the public sidewalk to slope greater than one-quarter inch per foot; and no more than two curb cuts shall be permitted on any one public street.
      (3)   A side and rear yard setback of five feet shall be maintained between the parking area and any lot line adjacent to general commercial or industrial districts. A side and rear setback of 25 feet shall be maintained between any parking area and any lot line adjacent to Neighborhood Commercial (C-1) Districts. A side and rear yard setback of 50 feet shall be maintained between any parking area and any lot line adjacent to all residential and multiple zoning districts.
      (4)   An eight-foot decorative fence, or a 15-foot wide planting strip and three-foot decorative fence, shall be installed and maintained along the property line where that line abuts a residentially zoned parcel. Should the planting strip and fence combination be selected, the proposed planting plan shall be approved by the city. Should the abutting area be zoned residential, a 50-foot setback is to be provided between the property line and any principal or accessory structure.
      (5)   Parking shall be provided in accordance with App. B to this chapter.
      (6)   Interior curbs shall be constructed within the property lines to separate driving and parking surfaces from landscaped areas. Interior curbs required by this section shall be a normal six inches in height.
      (7)   All lights shall be so located or shielded that the resulting light pattern does not extend into abutting residential lots or the public right-of-way beyond the intensity of one foot-candle.
      (8)   Selling or storage of commodities or services (including gasoline sales) other than as defined in this section shall be conducted in conformance with the requirements of the zoning district in which the car wash is located.
      (9)   All washing facilities shall be completely within an enclosed building.
      (10)   A perspective drawing, including elevations, shall be submitted for approval which indicates an architectural style compatible with adjacent existing or proposed developments.
      (11)   Provisions shall be made for on-lot receptacles for the storage of trash in areas which are screened from the public view.
      (12)   Vacuuming facilities shall not be located along public streets and shall be completely screened from public streets and adjacent property.
      (13)   Where vending machines are proposed as an accessory use, they shall be incorporated into the design of the structure.
      (14)   Where gasoline sales are involved, all fuel storage tanks shall be placed in compliance with the State Fire Code underground and so located that they may be serviced without the tank trunk extending beyond the property line. Where gasoline sales are also involved, compliance with service station requirements must be met.
      (15)   All wash water disposal facilities including sludge, grit removal and disposal equipment shall be subject to the approval of the City Engineer and shall conform with all city ordinances regarding sewage and health provisions, and shall be designed so as not to affect detrimentally the city sewer system. A flammable waste trap is required.
(2004 Code, § 154.112) (Ord. 464, passed 1- -1996) Penalty, see § 154.999

§ 154.113 TEMPORARY RECYCLING COLLECTION LOCATION; STANDARDS; LICENSING.

   (A)   The temporary location of mobile recycling centers within zoning districts I-1, IC-1, C-3 and C-4 shall be permitted; provided, however, that, a license is issued and the fee for the license is paid by the applicant.
   (B)   A license may be issued only when the applicant has submitted an application in a form approved by the City Administrator and has met the following requirements.
      (1)   The applicant must specify the location sought for a temporary recycling site.
      (2)   Collection activities shall be allowed at specified location no more than one day per week.
      (3)   Collection may occur only between the hours of 8:00 a.m. and 8:00 p.m.
      (4)   The applicant shall be limited to no more than one vehicle per site. No shredding of material shall occur at the collection site. No stockpiling is permitted. The only piece of equipment permitted outside of the recycling vehicle is a scale.
      (5)   A metal separator and compactor may be used for the purpose of collection of aluminum material but only if the equipment is totally contained within a vehicle or not accessible to the public.
   (C)   A collection vehicle may be located on a site only if it does not impede access to the site, hinder normal vehicular flow on the site or use excessive parking area.
   (D)   A collection vehicle shall not be located within 200 feet of an adjacent commercial facility or 300 feet of a residence.
   (E)   All garbage and debris must be removed from the area in which the collection activity was collected prior to departing.
   (F)   Any vehicles used in collection shall be clean and otherwise comply with all traffic regulations.
   (G)   No signs promoting the recycling activity may be posted anywhere other than directly affixed to the collection vehicle.
   (H)   Only household recyclables may be collected at a temporary site. Household recyclables include newspapers, plastic, glass and metal cans.
   (I)   The applicant shall submit a schedule of dates for a one-year calendar period at the time of application, and a supplemental list, in the case of mid-year applicants, shall be submitted by December 31 of the year of application for the following year.
   (J)   Municipal sponsored recycling activities are exempt from the provisions of this section. Non-profit organizations shall apply for a license to conduct recycling activities at a temporary location but shall be exempt from the requirements of this section. Each non-profit organization may sponsor no more than four temporary location recycling projects in any one calendar year.
(2004 Code, § 154.113) (Ord. 90-24, passed 8-28-1990) Penalty, see § 154.999

§ 154.114 PIPELINE SETBACK.

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BUILDING. A structure designed primarily for human use or occupancy including businesses, offices, educational facilities, medical facilities, residences and institutions. Decks, overhangs, porches or similar attached structures are considered part of the BUILDING. BUILDING does not include appurtenances required to operate or maintain pipeline systems.
      COMMISSIONER. The Commissioner of Public Safety.
      OTHER DEVELOPMENT. Commercial, industrial or agricultural development when it results in the construction of a building or place of public assembly.
      PIPELINE. Has the meaning given it in M.S. § 299J.02(11), as it may be amended from time to time.
         (a)   A pipe with a nominal diameter of six inches or more, that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by gravity, and pipe used to transport or store a hazardous liquid within a refining, storage or manufacturing facility; or
         (b)   Pipe operated at a pressure of more than 275 pounds per square inch that carries gas.
      PIPELINE EASEMENT. The existing easement or a subsequent easement resulting from the negotiation of a change in the boundaries of the existing easement.
      PLACE OF PUBLIC ASSEMBLY. A site that is occupied by 20 or more persons on at least five days a week for ten weeks in any 12-month period. The days and weeks need not be consecutive.
(MRAC 7530)
   (B)   Purpose. The purpose of this section is to set out a model ordinance requiring a setback from pipeline sites where residential or other development may occur. The state model setback ordinance prohibits buildings and places of public assembly from being constructed closer to a pipeline than the boundary of the pipeline easement.
(MRAC 7530)
   (C)   Scope. This section applies to statutory or home rule charter cities, towns and counties that have planning and zoning authority under M.S. §§ 366.10 through 366.180 and 366.017, 394.21 through 394.37 or 462.351 through 462.365, as they may be amended from time to time, and in which a pipeline is located.
(MRAC 7530)
      (1)   Application. The model setback ordinance must be applied to any jurisdiction that has not adopted an approved setback ordinance by 8-1-1991.
      (2)   Approval process. The city shall submit a copy of its proposed ordinance to the Commissioner. The proposed ordinance must be compared to the definitions and model setback ordinance in Minn. Rules parts 7535.0100 and 7535.0500, as they may be amended from time to time, to ensure that the proposed setback meets or exceeds the minimum standards set out in the model. The Commissioner’s written decision on the proposed ordinance will be sent to the jurisdiction within 90 days of receipt. The decision must specify approval of the ordinance or areas of deficiency and recommended modifications.
(MRAC 7530)
   (D)   Model setback ordinance.
      (1)   Purpose. The purpose of a model setback ordinance set out in this part is to increase public safety by requiring that new development be set back from pipeline locations.
      (2)   Applicability. This ordinance applies to new residential and other development. It does not apply to development that has occurred or for which development permits have been issued before 7-1-1991.
      (3)   Setback. Buildings and places of public assembly subject to this ordinance shall not be constructed closer to the pipeline than the boundary of the pipeline easement.
      (4)   Variances.
         (a)   Variance procedures adopted by the local unit of government under M.S. §§ 366.10 through 366.19, 394.21 through 394.37 or 462.351 through 462.365, as they may be amended from time to time, shall apply.
(MRAC 7530)
         (b)   Copies of all notices of any public hearings to consider variances must by sent to the Commissioner or the Commissioner’s designated representative and postmarked at least ten days before the hearing.
(2004 Code, § 154.114) (Ord. 464, passed 1- -1996) Penalty, see § 154.999
Statutory reference:
   Authority, see M.S. § 299J.05, as it may be amended from time to time

§ 154.115 SCREENING; LANDSCAPING; OUTDOOR STORAGE AND DISPLAY.

   (A)   Screening.
      (1)   All commercial or industrial principal and accessory buildings which are situated adjacent to a residential zoning district shall be screened from that district by a wooden wall or fence of not less than 100% opacity and not less than eight feet in height above the level of the residential district property at its boundary. This wall or fence shall be set back from the property line at least five feet. In the setback area shall be planted a combination of coniferous and deciduous plants and, possibly, vines in order to soften the appearance of the fence or wall from the affected residential area.
      (2)   Walls or fences of lesser heights or planting screens may be permitted by the City Council if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or there is a finding that a screening of the type required by this code would interfere with the provision of adequate amounts of light and air to the residential properties.
      (3)   All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as to not become unsightly, hazardous or less opaque than when originally constructed.
   (B)   Landscaping.
      (1)   All exposed ground areas surrounding or within a principal or accessory use including street boulevards which are not devoted to drives, sidewalks, patios or other such uses shall be landscaped. All landscaped areas shall be kept neat, clean and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies or merchandise.
      (2)   Landscape requirements.
         (a)   Purpose. Commercial/industrial landscaping requirements are established to foster aesthetically pleasing developments that protect and preserve the appearance, character, health, safety, and welfare of the community. In addition, these requirements are intended to increase the compatibility of adjacent land uses by minimizing the harmful impact of noise, dust, debris, motor vehicle headlight glare, other artificial light intrusions, and other objectionable activities or impacts conducted on or created by the development or adjoining or nearby land uses.
         (b)   General requirements. In addition to required landscaping standards, all commercial/industrial development sites shall meet the following requirements.
            1.   As part of a site plan review, conditional use or other development proposal, a landscaping plan is required, prepared by a qualified landscape designer or landscape architect, which demonstrates compliance with provisions herein. Landscape designs shall address:
               a.   Planting schedule, indicating symbols, common and botanical names, sizes of plant material and special planting instructions. Trees proposed shall be on the city's approved species list, or be approved in advance of submitting the design;
               b.   Location, type and size of all existing trees over six inches diameter that are to be removed or preserved. A reasonable attempt shall be made to preserve as many existing trees as practical and to incorporate them into the site plan;
               c.   Planting detail showing all species to scale at their normal mature crown diameter or spread for the local hardiness zone;
               d.   Typical sections with details of fences, tie walls, berms and other site amenities;
               e.   Typical sections with details of landscape islands, planter beds and foundation plantings with identifications of materials to be used;
               f.   Notes indicating how disturbed soil areas will be restored through the use of seeding, sodding, or other techniques;
               g.   Delineation of areas that will be sodded, hydro-seeded, seeded, or areas where ground cover is to be established by other means; and
               h.   Where landscape materials are used to provide screening from adjacent and neighboring properties, a cross-through section shall be provided indicating the perspective from the neighboring property at the property line elevation and any existing or proposed conditions that could potentially affect landscaping for screening of the site.
            2.   Finished sites. All managed landscaped areas shall be brought to finished grade and planted in sod, turf grass, native grasses, or other appropriate ground covers. Undisturbed areas containing existing viable natural vegetation may be left in their natural state, provided they are kept free of litter, debris and noxious and/or unsightly weeds.
            3.   Sodding/seeding requirements. Sod or hydro-seeding shall be utilized on all public rights-of-way. Seeding or other acceptable ground cover establishment methods may be permitted in other areas of the site.
         (c)   Required landscaping. 
            1.   For all commercial and industrial areas, at least 20% of the lot area shall be managed landscaped area. The landscaping shall be concentrated between the principal structure and any adjacent street right-of-way or other areas of the lot which are visible from a street or adjacent residentially zoned property.
            2.   The composition and locations of managed landscaped areas shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas are preferable to smaller, disconnected areas. Managed landscaped areas of the site shall be landscaped as follows:
               a.   In areas where trees are used, not less than one tree, as follows:
                  i.   One shade tree for each 1,500 square feet of managed landscaped area, or fraction thereof;
                  ii.   One evergreen tree for each 700 square feet of managed landscaped area, or fraction thereof; and/or
                  iii.   One ornamental tree for each 450 square feet of managed landscaped area, or fraction thereof.
               b.   The remainder of landscaped areas shall be covered with turf grass, native grasses, or other perennial flowering plants, vines, shrubs or trees.
         (d)   Exceptions to landscaping requirements. Substitution or reduction of landscaped plant materials, managed landscaped areas, or other landscaping standards may be approved by the city.
         (e)   Plant material standards. Landscape species shall be indigenous or be proven adaptable to the climate, but shall not be invasive to native species. Plant materials shall comply with American Standard for Nursery Stock and the following standards:
            a.   Minimum plant size:
 
Plant type
Minimum size
Deciduous shade tree
1½-inch diameter
Deciduous ornamental tree
1½-inch diameter
Coniferous/evergreen tree
6-feet in height
 
            b.   Trees and landscape plants shall be tolerant of specific site conditions, including but not limited to heat, cold, drought and salt.
         (f)   Installation and maintenance of landscape materials. All landscape materials installed shall comply with the following:
            a.   Areas to be landscaped shall be prepared and improved as specified by current Minnesota Department of Transportation standards for soil preparation and drainage.
            b.   All landscape materials shall be installed to current industry standards.
            c.   Maintenance and replacement of landscape materials shall be the responsibility of the applicant/property owner.
            d.   All landscaping shall be subject to inspection within one growing season by the city. Landscaping not installed, maintained or replaced, as needed to comply with provisions herein, shall be considered in violation. Property owners shall receive notice of violation in accordance with city code enforcement requirements.
   (C)   Outdoor storage and displays.
      (1)   Open storage in industrial or commercial district buildings shall be allowed only with a conditional use permit. All other storage shall be maintained within an enclosed building or structure.
      (2)   All materials, by-products, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the consumer or user shall be stored within a completely enclosed building or within the confines of a 100% opaque wall or fence no less than five feet tall or other buffering approved by the City Council. Merchandise which is offered for sale as described heretofore may be displayed beyond the confines of a building only upon application to the City Council for special temporary permission and only following agreement to all conditions which may be attached to that authorization.
(2004 Code, § 154.115) (Ord. 464, passed 1- -1996; Ord. 16-767, passed 4-11-2017) Penalty, see § 154.999

§ 154.116 OFF-STREET PARKING AND LOADING.

   (A)   Minimum size requirements.
      (1)   Each space shall contain a minimum area of not less than 300 square feet including access drives, a width of not less than eight and one-half feet and a depth of not less than 20 feet. Spaces for the physically handicapped shall be 12 feet by 20 feet, plus off-loading zone.
      (2)   Each space shall be adequately served by access drives. All loading spaces shall be sufficient to meet the requirements of each issue and shall provide adequate space for storage and maneuvering of the vehicles it is designed to serve. The minimum dimensions allowable for a loading space or truck berth shall be 12 feet in width and 65 feet in depth.
   (B)   Reduction and use of parking and loading space. Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under this chapter for a similar new building or use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter, except as provided in § 154.172 of this chapter, regarding variances. The required parking or loading space shall not be used for storage of goods or for storage of vehicles that are inoperable or for sale or rent.
   (C)   Calculation of required parking. In calculating the number of parking spaces required, the following rules shall govern.
      (1)   For the purpose of this calculation, the following definition shall apply unless the context clearly indicates or requires a different meaning.
         FLOOR SPACE. The gross floor area of the specific use.
      (2)   Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
      (3)   For uses not specifically listed in this chapter, uses for which a specific number of spaces have not been defined or for joint parking facilities serving two or more different uses, the Zoning Enforcement Officer shall determine the number of spaces to be required by utilizing the requirements of the most similar use listed in App. B to this chapter. Issuance of building permits for the above situations shall be subject to approval of all site plans.
   (D)   Loading docks and berths. Placement of loading docks and berths shall be limited to side and rear yards; except that, where a dock or berth is so designed as to be fully enclosed and incorporated within a principal structure, including any vehicle being loaded or unloaded, that dock or berth may be placed in a front area.
   (E)   Buffer fences and planting screens. Off-street parking and loading areas near or adjoining residential districts shall be screened by a fence not less than eight feet in height and 100% opaque. On the residential side of the fence shall be a five-foot wide area which is landscaped with coniferous and deciduous plantings and approved by the Planning Commission. Plans of the screen or fence shall be submitted for approval as a part of the required site plan, and the fence and landscaping shall be installed as part of the initial construction.
   (F)   Access.
      (1)   Parking and loading space shall have proper access from a public right-of-way.
      (2)   The number and width of access drives shall be so located as to minimize traffic congestion and abnormal traffic hazard, and no driveway in the R-3 and R-4 Residential Districts and all industrial districts shall be closer than 50 feet from any right-of-way line of a street intersection. In R-1 and R-2 Residential Districts and the C-1 Commercial District, the minimum distance shall be 20 feet.
      (3)   In R-3, R-4, C-2 and I-1 Districts, direct access shall be provided to a collector street as shown on the adopted city land use plan or to a related service road.
   (G)   Location of parking facilities. Off-street parking of trucks or buses with a gross weight of over four and one-half tons, except for deliveries and unloading, shall be prohibited in all residential districts.
   (H)   Combined facilities. Combined or joint facilities may be provided for one or more buildings or uses; provided that, the total number of spaces shall be determined as provided in this section.
   (I)   Construction and maintenance.
      (1)   In the R-3, R-4 and R-5 Residential Districts, and all commercial and industrial districts, parking areas and access drives shall be covered with an all-weather surface paved surface. The all-weather paved surface shall be a minimum standard of six-inch gravel base and three-inch plant mix bituminous surface, including concrete curb and gutter. Alternate designs may be submitted to the City Engineer for approval. This approval must be made prior to issuance of a building permit.
      (2)   All existing parking lots with substandard surfaces should be allowed to remain until either the property is sold or a building permit for addition or remodeling is requested.
      (3)   The operator of the principal building or use shall maintain the parking and loading area, access drives and yard areas in a neat and adequate manner.
   (J)   Lighting. Lighting shall not be directed upon the public right-of-way and nearby or adjacent properties. Illumination must be indirect or diffused.
   (K)   Required site plan. Any application for a building permit, zoning permit or for a certificate of occupancy shall include a site plan or plot plan drawn to scale and dimensions showing off-street parking and loading space to be provided in compliance with this chapter. All new principal buildings shall be drawn to scale on a registered land survey.
   (L)   Application of parking and loading requirements. Off-street parking and loading regulations shall apply to all buildings and uses of land established after the effective date of this chapter.
   (M)   Required number of off-street parking spaces. Off-street parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use. App. B to this chapter designates the minimum number of parking and loading spaces that are required to be provided and maintained at the time any new use or structure is occupied or any existing use or structure is enlarged or increased in capacity.
(2004 Code, § 154.116) (Ord. 464, passed 1- -1996; Ord. 21-822, passed 5-11-2021) Penalty, see § 154.999

§ 154.117 FILLING OR REMOVAL OF SOIL, SAND OR OTHER MATERIALS.

   (A)   Filling excavation. The use of land for major removal of topsoil, sand or gravel, and other material from the land is not permitted in any zoning district, except I-2 (municipal), except by the granting of a temporary excavation permit by the City Council after a review by the city’s Planning Commission. Permits shall be issued for a maximum period of one year and shall be subject to review and rehearing at that time. Any filling of more than 1,000 square yards requires a permit.
   (B)   Future use of the land. The persons who apply for a temporary excavation permit must submit a plan of intent as well as to the future use of the property being excavated as well as the development plans showing proposed elevations, drainage, access routes to be used in hauling to and/or from the site and daily hours intended for the operation as well as project period of excavation. Minor excavation requires the City Engineer’s review and approval.
   (C)   Safety precautions. If, during the excavation work, it becomes necessary for the person excavating to create a condition of grade of drainage not in the interest of health or safety, it shall become that person’s duty to correct, immediately, the dangerous situation created, as well as to fence that area from the general public during the period of danger.
   (D)   Bonding. It shall be necessary for the person securing a temporary excavation permit to present adequate proof of bonding to the city in the form of a performance bond, sufficient in value to cover the expense of the completion of the development plan or to bring that portion of the completed project to a safe grade and elevation so as to be healthful and safe to the general public and to provide safe and adequate drainage of the site.
(2004 Code, § 154.117) (Ord. 464, passed 1- -1996) Penalty, see § 154.999

§ 154.118 FENCES AND WALLS.

   (A)   In any zoning district, fences, walls and hedges, may be built or planted, subject to meeting the following requirements.
      (1)   Fences, walls, hedges or other obstructions shall not encroach on any public right-of-way and must be a minimum of five feet from any of the rights-of-way (excluding alleys). In addition, fences, walls, hedges, landscaping or other obstructions within two feet of the edge of trails are prohibited when the trails are not located in a right-of-way.
      (2)   Fences and walls may be built up to, but not on, interior property lines.
      (3)   No fence or wall shall exceed seven feet in height in any residential district.
      (4)   The finished side of the fence shall be to the outside of the property with the posts to the inside, unless the fence is the same on both sides.
      (5)   Fences and walls within non-residential districts may be constructed up to eight feet in height, unless otherwise limited within the zoning district of the subject property, or if a higher fence is required to meet the screening requirements of this section. Fences and walls over seven feet shall be designed by a structural engineer. Refer to specific zoning district of the property for additional requirements and development standards.
      (6)   On corner lots, no obstructions over 30 inches high are allowed within the “sight triangle”, as identified on the following diagram.
      (7)   Approval of a fence permit is required prior to construction of any fence or wall.
   (B)   The Zoning Administrator may prohibit development in accordance with the above in instances that would produce a safety or traffic hazard.
(2004 Code, § 154.118) (Ord. 464, passed 1- -1996; Ord. 02-321, passed 10-8-2002; Ord. 08-0515, passed 11-12-2008; Ord. 10-0663, passed 12-14-2010) Penalty, see § 154.999

§ 154.119 TELECOMMUNICATIONS.

   (A)   Purpose and intent. In order to accommodate the communication needs of the residents, business and industry while protecting the health, safety and general welfare of the city, the following regulations are imposed in order to:
      (1)   Facilitate the use of wireless communication services, television and radio antennas, for residents, business and industry of the city;
      (2)   Minimize adverse effects of towers through careful design and site standards;
      (3)   Avoid potential damage to adjacent properties from tower or antenna failure through structural standards and setback requirements;
      (4)   Maximize the use of existing and approved towers and buildings to accommodate new-wireless telecommunication antennas in order to reduce the number of towers needed to serve the community:
      (5)   To regulate access to and ongoing use of public right-of-way and facilities, such as water tanks, building rooftops, lighting masts and other structures by telecommunications providers for their telecommunications facilities; and
      (6)   To regulate small wireless facilities located outside of public right-of-way. Small wireless facilities in the right-of-way shall comply with the process and standards in Chapter 90: Right-of-Way Management of this Code.
   (B)   Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACCESSORY EQUIPMENT. The wires, cables, generators, air conditioning units, and other equipment or facilities that are used with antennas.
      AESTHETICS (also known as CONCEAL or CONCEALMENT or STEALTH DESIGN). Refers to state-of-the-art design techniques used to blend the object into the surrounding environment and to minimize the negative aesthetic impacts (to be further defined in the review process). Examples of aesthetic design techniques include architecturally screening roof mounted antennas and accessory equipment; integrating telecommunications facilities into architectural elements; nestling telecommunications facilities into the surrounding landscape so that the topography or vegetation reduces their view; using the location that would result in the least amount of visibility to the public, minimizing the size and appearance of the telecommunications facilities; and designing lowers to appear other than as towers, such as light poles, power poles, flag poles, and trees..
      APPLICANT. Any person or entity who files an application for any permit or is party to any lease agreement required by this section for the construction, replacement, installation, operation, or alteration of wireless communication facility or any component thereof.
      ANTENNA. Any exterior transmitting or receiving device mounted on a tower, monopole, building, or other structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies(excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA does not include a lightning rod.
      ANTENNA SUPPORT STRUCTURE. Any new or existing lower, building, water tower, or electric transmission tower carrying over 200 kilo volts of electricity that can be used for the location of antennas without increasing the height or mass of the existing structure.
      CITY. The City of Hutchinson or the authorized agent as designated by the City Council.
      COLLOCATION. The sharing of structures by two or more wireless service providers on a single support structure or otherwise sharing a common location.
      EASEMENT. A legal interest in real property that transfers a partial property right to the holder of the easement authorizing a person or party to use the land or property of another for a particular purpose.
      ENGINEER. Refers to but is not limited to a radio, electrical, structural, civil, or mechanical engineer, licensed by the State of Minnesota.
      EQUIPMENT LEASE AREA. A specified area at the base of or near a telecommunication facility, tower, or antenna that can contain an enclosed structure or open platform within which are housed, among other things, batteries, generators, air conditioning units, wireless communications or electrical equipment, or other accessory equipment, which may be connected to the telecommunications facility, tower or antenna by cable.
      INVENTORY OF SMALL WIRELESS FACILITIES. An accurate and current inventory of all small wireless facilities, including sites that become inactive for any reason.
      LANDLINE BROADBAND BACKHAUL TRANSPORT SERVICE. A fiber or other highspeed landline communications transport service contracted by lessee from a third-party provider that interconnects with the base station equipment at the point of demarcation and provides transport service back to lessee's network.
      LESSEE. The party who rents land or property from a lessor. The lessee is also known as the TENANT, and must uphold specific obligations as defined in the lease agreement and by law.
      LESSOR. The owner of an asset that is leased under an agreement to the lessee. The lessee makes one-time or periodic payments to the lessor in return for the use of the asset. The lease agreement is binding on both the lessor and the lessee, and spells out the rights and obligations of both parties.
      MICRO WIRELESS FACILITY. A small wireless facility that is no larger than 24 inches long. 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
      MONOPOLE. A structure composed of a single spire used to support telecommunications equipment having no guy wires or ground anchors.
      PERMIT HOLDER. A person or entity who holds a permit issued pursuant to this section for a telecommunications facility.
      POINT OF DEMARCATION. The point of where the transmission media of a small wireless facility terminates and interconnects with broadband backhaul transmission facilities, whether provided by landline or wireless communications infrastructure.
      PUBLIC UTILITY STRUCTURE. A structure which is owned by a governmental agency or utility company and which may be/can be used to support illumination devices or lines and other equipment carrying electricity or communications.
      RADIO PROPAGATION STUDY. The propagation of radio waves is described through the modeling of the different physical mechanisms (free-space attenuation, atmospheric attenuation, vegetation and hydrometer attenuation, attenuation by diffraction, building penetration loss, etc.). This modeling is necessary for the conception of telecommunications systems and, once they have been designed, for their actual field deployment. Propagation models are implemented in engineering tools for the prediction different parameters useful for the field deployment of systems, for the study of the radio coverage (selection of the emission sites, frequency allocation, powers evaluation, antenna gains, polarization) and for the definition of the interferences occurring between distant transmitters.
      RESIDENTIAL ACCESSORY COMMUNICATION DEVICES. Any satellite dishes, television antennas, radio antennas, amateur radio antennas, and similar communication transmission/reception devices and associated accessory equipment that are a permitted accessory use within a residential district.
      RIGHT-OF-WAY (ROW) or PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way docs not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service.
      ROOFTOP MOUNTED WIRELESS TELECOMMUNICATIONS FACILITY. A wireless telecommunication facility with antennas located on the roof of a building or on top of a structure and consisting of antennas, support structures and accessory equipment, but are adequately screened so as not to appear as stand-alone devices above the top of the roof line.
      SMALL WIRELESS FACILITY. A wireless facility defined as a low-power radio access facility, together with associated antennas, transmission media, mounting and mechanical equipment, which provides and extends wireless communications systems' service coverage and increases network capacity that meets all of the following qualifications:
         (a)   Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and
         (b)   All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment;
         (c)   A micro wireless facility.
      STREET LIGHT. A raised source of light usually mounted on a pole and constituting one of a series spaced at intervals along a public street or highway used to illuminate a public area, usually urban. Also referred to as a STREET LAMP.
      TELECOMMUNICATIONS EQUIPMENT. Antennas, accessory equipment, or towers.
      TELECOMMUNICATIONS FACILITIES. The structures and equipment which make up a telecommunications network. Telecommunications facilities are defined by Federal Standard 1037C as the following:
         (a)   A fixed, mobile, or transportable structure, including:
            1.   All installed electrical and electronic wiring, cabling, and equipment; and
            2.   All supporting structures, such as utility, ground network, and electrical supporting structures.
         (b)   A network provided service to users or the network operating administration.
         (c)   A transmission pathway and associated equipment.
         (d)   In a protocol applicable to a data unit, such as a block or frame, an additional item of information or a constraint encoded within the protocol to provide the required control.
         (e)   A real property entity consisting of one or more of the following: a building, a structure, a utility system, pavement, and underlying land.
      TOWER. Any of the following: a ground or roof mounted pole; spire; free standing, self-supporting lattice or monopole structure; or combination thereof taller than fifteen (15) feet, including but not limited to supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade (except amateur radio antennas).
      TRAFFIC LIGHT/TRAFFIC SIGNAL SYSTEM. Electrically operated colored signaling devices positioned at road intersections, pedestrian crossings, and other locations to control conflicting flows of traffic.
      TRANSMISSION MEDIA. All of the lessee's radios, antennas, transmitters, wires, fiber optic cables, and other wireless transmission devices that are part of the small wireless facility.
      WIRELESS COMMUNICATIONS. Any personal wireless services as defined in the Federal Communications Act of 1996, including FCC licensed commercial wireless telecommunications services such as cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), global system of mobile communication (GSM), paging and similar services that currently exist or may be developed.
      UTILITY POLE. A structure that is:
         (a)   Owned or operated by:
            1.   A public utility;
            2.   A communications service provider;
            3.   A municipality;
            4.   An electric membership corporation;
            5.   A rural electric cooperative; or
            6.   Municipal utility; and
         (b)   Designed and used to:
            1.   Carry lines, cables, or wires for telephone, cable television, or electricity; or
            2.   Provide lighting.
   (C)   Permit required.
      (1)   Permit required. Prior to any construction of installation activities, a telecommunications provider planning to install, construct or operate telecommunications facilities in the city shall apply for a telecommunications application and obtain a building permit and. if required, a conditional use permit pursuant to this section as applicable.
      (2)   Building and design standards and allowed locations for telecommunications facilities. All telecommunications facilities shall be constructed and maintained in accordance with the following standards:
         (a)   Existing telecommunication facilities. Existing telecommunications facilities located on or attached to existing structures, prior to the adoption of this section, are regulated by the provisions of the zoning district for each such parcel. Once the leases for existing telecommunication facilities expire or are otherwise terminated, the owner of the telecommunication facilities shall apply for a permit under this section and those existing telecommunications facilities shall be required to conform to all requirements of this section for new telecommunication facilities. The city may, among other remedies, require relocation of equipment, at the telecommunication facilities expense, to permitted areas under this section.
         (b)   New telecommunications facilities.
            1.   New telecommunications towers, not including those to which small wireless facilities are installed in the right-of-way, shall be located only on parcels owned and controlled by the city without a conditional use permit, with the exact location on such parcels determined at the sole discretion of the city. If a new tower cannot be located on a city parcel the applicant shall provide radio propagation analysis as noted in division (b)2.a. below to demonstrate need of the new tower location.
            2.   Antennas shall be located on a new or replacement tower at the locations permitted for telecommunications facilities only if the applicant complies with the following requirements, in addition to the other requirements of this section:
               a.   The applicant shall provide an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and/or capacity needs of its system. The applicant shall provide a network map describing all of the applicant's telecommunications facilities that provide any coverage within the city's limits. All applicants shall provide documentation prepared by a radio or electrical engineer to show the antennas would not cause interference with other existing or approved telecommunications equipment. The applicant shall also pay the reasonable expenses of a radio or electrical engineer retained by the city, at the city's option, to review this analysis;
               b.   The new or replacement telecommunications facilities shall use stealth design techniques as approved by the city. Economic considerations or hardships shall not be the sole justification for failing to provide stealth design techniques.
               c.   The new or replacement tower and antenna, including attachments other than lightning rods, shall not exceed 150 feet in height, measured from existing grade. The city may, but shall not be required to, increase this height up to 190 feet if the entity finds the increase in height would not have a significant visual impact, would not have a negative property value impact on surrounding properties because of proximity, topography or screening by trees or buildings or would accommodate two or more users. The city may waive this height limitation for a tower and/or antenna if used wholly or partially for essential public services, such as public safety.
               d.   New towers must comply and be marked and lighted in accordance with existing FAA and MnDOT aeronautics rules.
            3.   A new antenna may be attached to an existing or replacement public utility structure or light pole outside of the right-of-way if:
               a.   The antenna does not extend more than 15 feet above the top of the existing utility structure.
               b.   The antenna is no larger than three cubic feet and has no individual surface larger than four square feet.
               c.   The antenna extends outward from the utility structure no more than three feet.
               d.   There is no interference with public safety communications or with the original use of the public utility structure.
               e.   The applicant agrees that the antenna must be removed and relocated, at applicant's expense, when the city or utility requires the removal, relocation, or reconditioning of the public utility structure.
               f.   The telecommunications permit application and all necessary agreements permitting the use of public property are approved.
               g.   Its inclusion/attachment does not exceed the facilities structural capacity.
               h.   Note: No equipment will be allowed on fiberglass light poles. Right-of-way installations are permitted for small wireless facilities in accordance with the requirements of Chapter 90: Right-of-Way Management of this Code.
            4.   Construction plan.
               a.   A tower will require a written plan for construction that demonstrates the use of aesthetics as defined in the definitions and approved by the city; includes the total height and width of the wireless facility and tower, including cross section and elevation, footing, foundation and wind speed details; a structural analysis indicating the capacity for future and existing antennas, including a geotechnical report and calculations for the foundations capacity: the identity and qualifications of each person directly responsible for the design and construction; and signed and sealed documentation from a professional engineer that shows the proposed location of the wireless facility and tower and all easements and existing structures within 200 feet of such wireless facility or wireless support structure.
               b.   Substantial modification of an existing wireless facility or tower requires the following:
                  i.   An application with the name, business address, and point of contact for the applicant;
                  ii.   The location of the proposed or affected tower or wireless facility; and
                  iii.   A construction plan that describes the proposed modifications to the tower and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment.
      (3)   Telecommunications permit application. Telecommunications providers shall apply for a permit on an application form obtained from the city. A telecommunications provider shall file three copies of the applications with the city. Applications shall be complete and include all information required by this section, including a route map showing the location of the provider's existing and proposed facilities.
      (4)   Public data. The contents of all telecommunications permit applications and any other documents supporting the application may be classified as public data and as such may be released in accordance with the Minnesota Data Practices Act or other applicable regulation or court order.
      (5)   Application fee and escrow. The application shall be accompanied by a one-time non-refundable application fee in the amount identified on the application form. At the discretion of the city, an escrow fee may be required for applications that require analysis by the city's communications consultant, such as an interference analysis and intermodulation study. The application fee and escrow amount are established in the city's Fee Schedule, set annually by the City Council. The applicant shall also pay the expenses of a third-party engineer's service or technical study as required by the city.
      (6)   Additional information. The city may request an applicant to submit such additional information as the city deems reasonably necessary or relevant. The applicant shall comply with all such requests within reasonable deadlines for such additional information established by the city.
   (D)   Amateur radio antenna towers. The construction or erection of towers supporting amateur radio antennas shall be a permitted use in all zoning districts, subject to the following requirements:
      (1)   This type of tower requires a building permit;
      (2)   This type of tower shall be allowed only in the rear yard of residentially zoned properties. If there is insufficient space within the rear yard to erect the tower and any related guy wires, then the property owner may apply for a conditional use permit to erect a tower in another yard (front or side);
      (3)   This type of tower shall not exceed 75 feet in height, except by conditional use permit;
      (4)   This type of tower shall conform to the accessory structure setback for the district in which it is located:
      (5)   Amateur radio antenna towers shall be installed in accordance with the instructions furnished by the manufacturer of the tower model. Antennas mounted on a tower may be modified and changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications; and
      (6)   This type of tower shall be exempt from the requirements of divisions (E) through (R) of this section.
   (E)   Antennae mounted on roofs, walls, and existing towers. The placement of wireless telecommunication antennae on roofs, walls and existing towers must be approved by the city, provided the antennae meet the requirements of this section, and after submittal and approval of all permits, applications, fees and information identified in division (B) of this section.
   (F)   Tower locations. Antennas on a public structure or existing structures are allowed in all districts by resolution approved by the city, without a conditional use permit. However, all antenna installations must comply with the requirements of this section. However, all tower installations must comply with the requirements of this section. All towers shall be of a monopole construction and subject to the regulations listed in Chapter 151: Airport Zoning of this Code. Towers exceeding 75 feet in height shall be allowed only by conditional use permit and shall only be allowed in the following zoning districts:
      (1)   C-l, Neighborhood Convenience Commercial District;
      (2)   C-2, Automotive Service Commercial District:
      (3)   C-3, Central Commercial District;
      (4)   C-4, Fringe Commercial District;
      (5)   C-S, Conditional Commercial District;
      (6)   I/C, Industrial/Commercial District;
      (7)   I-1, Light Industrial Park District;
      (8)   I-2, Heavy Industrial District; and
      (9)   BP, Business Park District.
   (G)   Tower setbacks. The following setbacks shall apply in the listed districts.
      (1)   In C-l, C-2, C-3, C-4, C-5, BP, I/C, I-1 and I-2 Districts, the setback of the tower shall be at a ratio of one foot of setback for every two feet of height of tower (i.e., a 100-foot tower would require a 50-foot setback from all property lines and the street right-of-way).
      (2)   In the event that any portion of the property directly abuts a district zoned R-1, Single-Family Residential; R-2, Medium Density Residential; R-3, Medium-High Density Residential; R-4, High Density Residential; R-5, Manufactured Home Park; any residential planned unit development: or A-1, Agricultural or R-1, Rural Residential in the Joint Planning Area; the setback to these districts shall be at a ratio of one foot for every one foot of height of structure (i.e., a 100-foot tower would require a 100-foot setback from any property line which is residentially or agriculturally zoned).
   (H)   Collocation requirements. All commercial towers erected, constructed or located within the city shall comply with the following requirements.
      (1)   A proposal for a new commercial tower shall not be approved unless the applicant has provided proof that the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius of the proposed tower due to one or more of the following reasons:
         (a)   The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost;
         (b)   The antenna would cause interference materially impacting the usability of other existing or planned antenna at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;
         (c)   Existing or approved towers and building within the search radius cannot accommodate the planned antenna at a height necessary to function reasonably as documented by a qualified and licensed professional engineer: or
         (d)   Other unforeseen reasons that make it unfeasible to locate the planned antenna equipment upon an existing or approved tower or building.
      (2)   Any proposed commercial tower shall be designed, structurally, electronically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or. for at least one additional user, if the tower is over 75 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
   (I)   Structural and landscaping requirements. Proposed or modified towers and antennas shall meet the following design requirements:
      (1)   Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color or markings are dictated by federal or state authorities, such as the Federal Aviation Administration;
      (2)   Commercial towers shall be of a monopole design unless the city determines that an alternative design would better blend into the surrounding environment. Towers must be self-supporting without the use of wires, cables, beams, or other means;
      (3)   Landscaping plans for the base of the tower must be submitted with the application of the conditional use permit, or building permit, should a conditional use permit not be needed. These plans must be compatible with the surrounding character of the area and must be approved either by the city prior to the issuance of the conditional use permit or building permit; and
      (4)   Screening plans, as may be required by the city, and reviewed shall be inclusive of the following:
         (a)   When used, walls or fences must provide for full visual screening of accessory buildings or storage areas, as viewed from residential areas and state and county roads;
         (b)   The materials used for constructing the wall or fence shall be specified in the site plan and shall meet the requirements of this section;
         (c)   Berms, if used, shall be constructed with a slope not to exceed 3:1 and shall be covered with sod or other landscape material sufficient to prevent erosion of the berm;
         (d)   Trees, hedges or other vegetative materials, when used, must provide at 75% screening capacity throughout the year. Such screening must also conform to all vegetative setback requirements of the city Zoning Ordinance.
   (J)   Construction requirements. Proposed or modified towers and antennas shall meet the following construction requirements:
      (1)   All antennae, towers, and accessory structures shall comply with all applicable provisions of this section.
      (2)   Towers shall be certified by a qualified and licensed professional engineer to conform to the current structural standards and wind loading requirements of the Minnesota State Building Code and Electronics Industry Association.
      (3)   No part of any antenna or tower nor any lines, cable, equipment, wires, or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.
      (4)   Towers and associated antennae shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.
      (5)   All signed and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.
      (6)   As applicable to its location, with final determination by the city, towers affixed to the ground shall include security fencing to discourage access by unauthorized persons.
      (7)   Tower locations should provide the maximum amount of screening possible of off-site views of the facility. Existing on-site vegetation shall be preserved to the maximum extent practicable. The area around the base of the tower and any accessory structures shall be landscaped and/or screened. Applicants must maintain, in good and healthy condition, at all times, all landscaping attendant to the wireless telecommunications facility, including landscaping of the public right-of-way. Any dead or dying landscaping must be promptly replaced or rehabilitated. See division (I) of this section.
   (K)   Resolution of interference. The installation and operation of new antennas, towers, and associated facilities shall not cause harmful interference to pre-existing telecommunication system broadcast or reception, whether they be commercial or residential. Telecommunications providers shall, at their own expense, maintain any equipment in a safe condition, in good repair and in a manner so as not to conflict with the use of the surrounding premises. If within 60 days from the initial installation and operation of any new antenna system, the city receives notice of interference from an adjacent property, additional study and remedy may be required. The applicant shall be responsible for the expenses incurred in any independent validation of interference, provided, however, should the independent analysis conclude that the interference objections were valid; the applicant shall be responsible for any independent validation fees. If new facilities are found to cause impermissible interference, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within 30 days, the applicant shall immediately cease operating its facility until the interference has been eliminated.
   (L)   Tower lighting. Towers shall be required to meet Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) requirements and shall not be artificially lighted unless required by the Federal Aviation Administration to do so. If the tower does require artificial lighting, a letter stating this need and a description of the lighting shall be provided to the city prior to approval. The lighting, unless required by the FAA to be otherwise, must be diffused.
   (M)   Lights and other attachments. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), nor shall any tower have constructed on, or attached to, in any platform, catwalk, crow's next, or like structure, except during periods of construction or repair.
   (N)   Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the zoning district in which the tower site is located. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
   (O)   Maintenance requirements.
      (1)   The yard area in front of the fences and walls shall be trimmed and maintained in a neat and attractive manner.
      (2)   Repairs to damaged areas of walls or fences shall be made within 30 days of sustaining said damage.
      (3)   Areas left in a natural state and vegetative screening areas shall be properly maintained in a well-kept condition.
      (4)   Diseased, dying, or dead vegetative screening elements shall be removed and then replaced, at a minimum, with healthy plants of the same size required when first planted.
   (P)   Abandoned or unused towers and antennas. Abandoned or unused towers or portions of towers shall be removed as follows:
      (1)   All abandoned or unused towers and associated facilities shall be removed within six months of cessation of operations at the site unless a time extension is approved by the Planning Commission. In the event that a tower is not removed within six months of cessation of operations at a site, the tower and associated facilities may be removed by the city, and the costs of removal assessed against the property; or
      (2)   Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna location. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.
   (Q)   Public safety telecommunication interference. Commercial wireless telecommunications services shall not interfere with public safety telecommunications. Before the introduction of new service or changes in existing services, telecommunication providers shall notify the city at least ten days in advance of any changes and allow the city to monitor interference levels during the testing process.
   (R)   Signs and advertising. The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited.
   (S)   Additional submittal requirements. In addition to information listed elsewhere in this section, conditional use permit applications for towers shall include the following supplemental information:
      (1)   A report from a qualified and licensed professional engineer which:
         (a)   Describes the general tower height and design including a cross-section and elevation;
         (b)   Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas. This information can be general in scope, with specific documentation to be submitted with the building permit application;
         (c)   Describes the tower's capacity, including the number and type of antennas it can accommodate;
         (d)   Includes an engineer's stamp, registration number, and signature; and
         (e)   Additional information necessary to evaluate the request.
      (2)   For all commercial towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use;
      (3)   If the tower exceeds 200 feet, a letter of approval from the Federal Aviation Administration (FAA);
      (4)   A letter from the FAA if artificial lighting is deemed necessary; and
      (5)   Recommendation for approval by the Municipal Airport Commission.
   (T)   Satellite dishes. Satellite dishes greater than one meter in diameter shall be allowed only by a conditional use permit in all districts. Design plans shall include provisions for screening and shall be submitted with the conditional use permit application.
   (U)   Small wireless facilities.
      (1)   Small wireless facility plan.
         (a)   Small wireless facility submissions. The applicant shall submit a preliminary site plan to the city, for review and approval. The applicant shall also submit an application which shall include:
            1.   Photographs or accurate renderings, including correct colors and exact dimensions, of each type of proposed small wireless facility;
            2.   A statement signed by a professional engineer licensed in the State of Minnesota stating that the proposed facilities comply with all applicable Federal Communications Commission regulations, including, without limitation, regulations pertaining to the emission of radio frequency radiation; and
            3.   Such additional information as the Planning Director may reasonably require in order to determine whether the requirements of this section are met. The application and site plan for the small wireless facility shall be approved only if the following minimum standards are met:
               a.   The small wireless facility may encompass multiple sites.
               b.   The small wireless facility shall be substantially concealed from view by means of painting, tinting, or use of camouflage or stealth materials to match the surface of the building or other structure to which they are affixed or by other suitable methods, such as by flush-mounting or integration into the design elements of the building or structure.
               c.   Electrical power and battery backup cabinets shall, to the extent practicable, be roof-mounted or otherwise located so as not to be visible from a public street or. where not practicable as determined by the city, such equipment shall be appropriately screened by landscaping or other means minimizing visibility from a public street.
               d.   The placement of small wireless facilities may be approved by the city, provided the antenna meets the requirements of this section, and after submittal and approval of all permits, applications, fees and information identified in division (C) of this section. Small wireless facilities on a public structure or existing structures are allowed by conditional use permit in residentially zoned areas if they are located on public or institutional property. However, all antenna installations must comply with the requirements of this section, and Chapter 90: Right-of-Way Management of this Code when installed within the right-of-way.
               e.   At such time that the small wireless facility ceases to be used for communications purposes for three consecutive months, the applicant shall remove the small wireless facility from the property. If the applicant fails to remove the small wireless facility within 30 days of written notice from the city, the city shall be authorized to remove the small wireless facility and assess all charges incurred in such removal on the applicant.
               f.   Small wireless facility installations are permitted uses in the following zoning districts:
                  i.   C-1, Neighborhood Convenience Commercial District;
                  ii.   C-2, Automotive Service Commercial District:
                  iii.   C-4, Fringe Commercial District;
                  iv.   C-5, Conditional Commercial District;
                  v.   I/C, Industrial/Commercial District;
                  vi.   I-1, Light Industrial Park District;
                  vii.   I-2, Heavy Industrial District; and
                  viii.   BP, Business Park District.
               g.   All small wireless facility installations shall be allowed only by conditional use permit in the following zoning districts:
                  i.   C-3, Central Commercial District:
                  ii.   GT, Gateway; and
                  iii.   MXD, Mixed Use District.
               h.   Special requirements based on whether small wireless facility is affixed to a building or pole outside of the right-of-way:
                  i.   Building-mounted:
                     1)   The small wireless facility may be attached to any building that is at least 20 feet in height as measured from the ground level;
                     2)   When attached to such building, the small wireless facility shall
be affixed at least 18 feet in height as measured from the ground level.
                  ii.   Pole-mounted:
                     1)   The small wireless facility shall be mounted on a pole that supports an athletic field, or parking lot light or similar structure Such pole shall be at least 15 feet in height as measured from the ground level. Note: Fiberglass poles, poles for traffic lights or traffic signal systems cannot be used and are prohibited for the mounting of any antennas or telecommunications equipment without first obtaining a right-of-way permit and collocation agreement from the city;
                     2)   Height restrictions. All small wireless facility installations shall Be in compliance with height restrictions applicable to poles and other structures in certain overlay zoning districts. In all other zoning areas, small wireless facilities shall not be installed at a height exceeding 50 feet.
                     3)   The small wireless facility shall not protrude outward more than two feet from the pole on which it is mounted;
                     4)   There shall be no more than one small wireless facility per pole;
                     5)   The antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure;
                     6)   Security - construction of a small wireless facility on existing utility poles must be installed in a manner that will not allow the public to come into physical contact with the equipment or create injury. Equipment must be mounted securely and include electrical surge protection, safety cable connector locks, no sharp edges, or any other potential hazards.
         (b)   Placement of small wireless facility in the right-of-way. Small wireless facilities in the right-of-way shall comply with the process and standards in Chapter 90: Right-of-Way Management of this Code.
   (V)   Effective date and applicability to existing facilities. All wireless telecommunications facilities existing on or before July 1, 2009, shall be allowed to continue as they presently exist, as legally permitted non-conforming uses. Such facilities shall be used or repaired without having to comply with the section. Any material modification, including changes that could result in interference, additional structural loading, or aesthetics of an existing telecommunications facility, will require review and permitting in compliance with this section.
(2004 Code, § 154.119) (Ord. 00-286, passed 12-12-2000; Ord. 09-0532, passed 8-11-2009; Ord. 16-0759, passed 7-12-2016; Ord. 18-0784, passed 6-26-2018) Penalty, see § 154.999

§ 154.120 SWIMMING POOLS.

   (A)   No pool or spa may be constructed beneath overhead utility lines of any type or above underground utility lines of any type.
   (B)   No swimming pool or spa may be built within ten feet of any side or rear lot line, within six feet of any principal structure or within any required front yard.
   (C)   Construction of a swimming pool or spa may not be started without having the same fully enclosed with a fence, which may be temporary and portable, not less than four feet in height.
   (D)   No swimming pool or spa may be constructed within 20 feet of any on-site sewer system facility.
   (E)   No swimming pool may be finished without completely enclosing it with a permanent wall or fence of the non-climbing type so as to be impenetrable by toddlers, affording no external hand holds or foot holds, and a minimum of four feet in height. No integral part of any swimming pool shall constitute compliance with this division (E). All enclosures of this type shall be equipped with a self-locking and self-closing gate. The locking device shall be located within 12 inches of the top of the fence and opened by key only. The opening between the bottom of the fence or gate and the ground or other surface shall no be more than three inches.
   (F)   No swimming pool or spa shall be constructed or maintained which is not enclosed within a fence or wall as described in the foregoing divisions or a latchable cover. The cover shall be constructed of a material which cannot be penetrated by toddlers.
   (G)   No swimming pool or spa may be constructed without a building permit.
   (H)   No outdoor pool lighting may be maintained which is permitted to spill or shine upon properties adjacent thereto which are not under the same ownership.
   (I)   All pools constructed prior to the effective date of this section shall substantially comply with this section within 60 days from the effective date hereof. Owners of pools constructed prior to the effective date of this section may make a written request for an exception.
(2004 Code, § 154.120) (Ord. 464, passed 1- -1996; Ord. 89-06, passed 9-26-1989) Penalty, see § 154.999

§ 154.121 RELOCATING STRUCTURES.

   A building, including an accessory building, which is proposed to be moved from one land parcel to another land parcel, shall require a conditional use permit and a building permit. Any relocated building not exceeding 200 square feet requires only a land use permit.
(2004 Code, § 154.121) (Ord. 464, passed 1- -1996) Penalty, see § 154.999

§ 154.122 FLAMMABLE LIQUIDS; STORAGE OR TRANSFER.

   There shall be no storage or transfer of Class I or Class II flammable liquid, including filling of underground storage tanks, within 50 feet of any dwelling.
(2004 Code, § 154.122) (Ord. 464, passed 1- -1996) Penalty, see § 154.999

§ 154.123 POLE BUILDINGS/TUBE FRAME STRUCTURES/TEMPORARY BUILDINGS.

   (A)   Pole buildings in Commercial, Business and Industrial Zoning Districts require a conditional use permit. Pole buildings are regulated by § 154.026 for Residential Zoning Districts.
   (B)   (1)   Buildings which are used for storage, are classified as an “S” occupancy by building code, and have a construction method that is other than light frame, as defined below, shall be located in a commercial or industrial zoning district and shall require a conditional use permit. (This shall not include 200 square foot buildings or smaller.)
      (2)   LIGHT-FRAME CONSTRUCTION is a building technique based around structural members, usually called studs, which provide a stable frame to which interior and exterior wall coverings are attached, and covered by a roof comprising horizontal joists or sloping rafters covered by various sheathing materials.
   (C)   Additional review criteria for reviewing pole buildings/tube frame structures/temporary buildings:
      (1)   Consideration of neighborhood character: Is the building similar to other structures in the area or on the property in question? Is the building of similar height, scale and density as other buildings?
      (2)   Is the structure entirely visible from the street on which the property is located?
      (3)   Is the building to be used only for the purposes of storage?
      (4)   Are there factors that would be impacted that would be considered negative for adjacent land owners, such as site drainage, topography changes, restrictions on light or air and the like?
(2004 Code, § 154.123) (Ord. 464, passed 1- -1996; Ord. 05-0420, passed 11-8-2005; Ord. 16-751, passed 2-9-2016)

§ 154.124 PERFORMANCE STANDARDS.

   (A)   Compliance required. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element in such a manner, or in such an amount, as to adversely affect the surrounding area of adjoining premises; provided that, any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulations of this section limiting objectionable elements at the point of the determination of their existence.
   (B)   Points of measurement. The determination of the existence of any objectionable elements shall be made at the location of the use creating the same and at any points where the existence of these elements may be more apparent; provided, however, that, the measurements necessary for enforcement of performance standards set forth in this section shall be taken at property line boundaries.
   (C)   Health and safety emission standards. The following provisions, standards and specifications shall apply.
      (1)   Fire and explosion hazards. All activities involving, and all storage of inflammable and explosive materials shall be provided at convenient places, with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires shall be prohibited at any place. The relevant provisions of state and local laws and regulations shall also apply.
      (2)   Radioactivity or electric disturbances. No activities shall be permitted which emit dangerous radiation at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance. Radioactive emissions shall be further subject to applicable federal regulations.
      (3)   Noise.
         (a)   At the points of measurement, the sound pressure level of noise radiated from a facility at night time, during the hours of 10:00 p.m. to 7:00 a.m., shall not exceed 50 decibels (sound pressure level decibels re 0.0002 dynes/cm) or the average sound level of the street traffic noise nearest the noise generator, whichever is the higher, in any octave band of frequency above 300 cycles per second. The sound pressure level shall be measured with a sound level meter (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3 - 1944) and an octave band analyzer (American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224.10 - 1953) that conform to the specifications published by the American Standards Association. Noise shall be so muffled or otherwise controlled as not to become objectionable due to intermittence, beat frequency, impulsive character (hammering and the like), periodic character (humming, screech and the like) or shrillness.
         (b)   For facilities which radiate noise only during a normal daytime working shift, the allowable decibel level given above shall be increased 20 decibels, or ten decibels above the average sound level of the street traffic noise nearest the noise generator, whichever is the higher. Sirens, whistles, bells and the like which are maintained and utilized solely to serve a public purpose (such as fire and air raid warning sirens) are excluded from the above regulations.
      (4)   Vibration. No ground vibration shall be permitted which is discernible without instruments on property owned by another party.
      (5)   Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than No. 2 on the Power’s Micro-Ringelmann Chart (published by McGraw-Hill Publishing Company, Inc., and copyrighted 1954, being a direct facsimile reduction of the standard Ringelmann chart as issued by the U.S. Bureau of Mines), except that visible gray smoke of a shade equal to No. 3 of that chart may be emitted for four minutes in any 30 minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparently equivalent capacity.
      (6)   Odors. Odors must be in compliance with State Pollution Control Agency standards.
      (7)   Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted which can cause any damage to health, to animals, vegetation or other forms of property, or which can cause any excessive soiling, at any point; any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas at any point. 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.
      (8)   Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement shall be permitted. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.
      (9)   Heat. Every use and activity shall be so operated that it does not raise the ambient air temperature on property owned by another party more than 1°F.
      (10)   Liquid or solid wastes. No discharge at any point into any public sewer, private sewage disposal, stream or into the ground, except in accord with standards approved by the State Department of Health or standards equivalent to those approved by that Department for similar uses, of any materials of a nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements, shall be allowed.
   (D)   State standards. The State Pollution Control Standards shall take precedence over the above regulations, except where city standards are higher. Current state regulations shall be kept on file in the office of the Zoning Enforcement Officer, and shall be the determining standard in resolving questions regarding performance standards.
   (E)   Compliance. In order to ensure compliance with the performance standards set forth above, the Zoning Enforcement Officer, with approval of the City Manager, may require the owner or operator for any use to have made investigations and tests as may be required to show adherence to the performance standards. The investigations and tests as are required to be made shall be carried out by an independent testing organization as may be selected by the city. Where compliance is determined, incurred costs shall be divided equally between the use and the city; where a violation exists, the use shall remit full payment for all incurred costs.
(2004 Code, § 154.124) (Ord. 464, passed 1- -1996) Penalty, see § 154.999

§ 154.125 ADDRESSES; STREETS AND BUILDING NUMBERS.

   (A)   Street identification. All rights-of-way running generally in a northerly or southerly direction shall be identified as streets, while all rights-of-way running generally in an easterly or westerly direction shall be identified as avenues. Cul-de-sacs shall be identified as courts or circles. All rights-of-way shall be identified with directional calls as well.
   (B)   Administration. The Zoning Administrator shall be responsible for addressing buildings and identifying streets. The Administrator shall consult with the Chief of Police, the City Engineer and the U.S. Postmaster assigned to the city district in the process of addressing buildings and identifying streets. Any change in existing street names, other than by addition of descriptive terms such as “street” or “avenue” or directional designations, shall be accomplished by resolution of the City Council.
   (C)   Property owner responsibility. The property owner shall number each principal structure located on the property using numbers which contrast with the background and are at least four inches in height and displayed in a fashion so as to be plainly visible and legible from the street. Accessory structures need not be addressed. Condominiums, cooperatives, duplexes and other buildings where units are individually owned shall be individually addressed. Apartment buildings and other rental structures shall be assigned a single address with each unit thereafter receiving a number designation in addition to the street address. The Zoning Administrator shall have the authority to issue addresses in circumstances not covered by or inconsistent with this section, for good cause shown. Any property owner aggrieved by the decision of the Zoning Administrator may appeal the decision to the City Council.
(2004 Code, § 154.125) (Ord. 464, passed 1- -1996) Penalty, see § 154.999