Inver Grove Heights
City Zoning Code
City Zoning Code
CHAPTER 15
PERFORMANCE STANDARDS
10-15-1: PURPOSE; COMPLIANCE REQUIRED:
The guiding of suburban and rural development so as to encourage a compatible relationship of uses depends upon certain standards being maintained. Permitted, conditional and accessory uses in the various districts shall conform to the standards in this chapter. (Ord. 1098, 11-8-2004)
10-15-2: TOXIC OR NOXIOUS MATTER:
Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein such use is located, toxic or noxious matter in such concentration as to be detrimental or to endanger the public health, safety, comfort or welfare or cause injury or damage to property or business. (Ord. 1098, 11-8-2004)
10-15-3: ODORS AND AIR POLLUTION:
Any use established, enlarged or remodeled shall be so operated as to prevent the emission of odorous or solid matter of such quality and quantity as to be offensive at any point beyond the lot line of the site on which the use is located. (Ord. 1098, 11-8-2004)
10-15-4: VIBRATIONS:
Any use creating periodic earthshaking vibrations, such as may be created from a drop forge, shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. This standard shall not apply to vibrations created during the process of construction. (Ord. 1098, 11-8-2004)
10-15-5: LIGHT, GLARE AND HEAT:
A. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being offensive at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from R, P, or E districts and public streets.
B. In all districts, any lighting used to illuminate an off street parking area, sign, or other structure shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky reflected glare from floodlights or other light producing sources shall not be directed onto adjoining property. The source of lights shall be hooded, recessed, or controlled in some manner so as not to be visible from adjacent property or streets. Any light or combination of lights that illuminates a public street shall not exceed one (1) foot-candle (meter reading) as measured from the centerline of said street. Any light or combination of lights that illuminates a residential property shall not exceed 0.4 foot-candle (meter reading) as measured at the subject property line. (Ord. 1098, 11-8-2004)
10-15-6: RADIATION AND ELECTRICAL EMISSIONS:
No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbances (except from domestic household appliances) adversely affecting the operation at any point of any equipment including, but not limited to, radio and television reception other than that of the creator of the disturbances. (Ord. 1098, 11-8-2004)
10-15-7: EXPLOSIVES:
Any use requiring the storage, utilization or manufacturing of products which could detonate by decomposition shall be located not less than four hundred feet (400') from any R, P, or E District line, provided that this section shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes. (Ord. 1098, 11-8-2004)
10-15-8: MAINTENANCE:
A. Landscaping Signs And Fences: In all districts, all structures, required landscaping, signs, and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.
B. Exterior Maintenance: Within the B-1, B-2, B-3, B-4 and B-PUD Business Districts, any building or structure is a public nuisance if its exterior does not comply with the following requirements:
1. No part of any exterior surface shall have deterioration, holes, breaks, gaps, or loose or rotting siding. All exterior surfaces including, but not limited to, doors, door and window frames, cornices, fascia and trim, shall be maintained in a good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment.
2. Every exterior surface shall be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface shall have peeling, cracked, chipped, or otherwise deteriorated surface finish on more than twenty percent (20%) of any of the following:
a. Any one (1) wall;
b. Any door on any one (1) side; or
c. Combined window moldings, eaves, soffits, gutters, and similar projections on any one (1) side.
3. Every window, exterior light fixture, skylight, door and frame shall be kept in sound condition, good repair, weather tight, and shall be maintained free from cracks and holes.
4. All siding and masonry joints, including joints between the building envelope and the perimeter of windows, doors, and skylights, shall be maintained weather resistant and water tight.
5. Roof structures, including but not limited to: drains, gutters and downspouts, fascia and trim, shall be maintained in good repair. All roof drainage systems shall be attached securely.
C. Parking Lots: Within the B-1, B-2, B-3, B-4 and B-PUD Districts, parking lots shall be maintained:
1. Free from hazardous conditions that may endanger person or property; and
2. Free of weeds, grass, trees, and vegetation, except as allowed in an approved landscaping plan; and
3. Free of refuse, rubbish, litter, garbage, and other discarded and abandoned objects.
All potholes shall be filled and compacted within sixty (60) days after notice from the City, except that if the notice from the City occurs in December, January, February, or March, the filling and compaction of potholes must occur by April 15.
Parking lots shall include curb openings, concrete aprons, driveways, drive aisles, parking spaces, curbing, and parking islands.
D. Vacant Buildings: Within the B-1, B-2, B-3, B-4, and B-PUD Districts, vacant buildings shall comply with all the following requirements:
1. Access/fire lanes/entry doors and emergency access openings shall be unobstructed, including snow in the winter.
2. Building/premises shall be secured from unauthorized entry.
3. Current contact information for the owner and party responsible for maintenance shall be posted at the main entrance.
4. Fire alarm systems and fire protection systems shall remain operational and required maintenance shall be performed, unless approved by the local Fire Code official.
5. Heat, water, electricity and gas required for the proper operation and maintenance of fire alarm and fire protection systems shall remain in service.
6. Fire separations, walls, ceilings, doors and other building features that limit the spread of fire and smoke in the building shall be maintained.
7. Stairs, ladders, railings, roofs, floors, scuttle covers, trapdoors shall be maintained so as not to present a hazard to firefighters.
8. The intentional design or alteration of a building to disable, injure, maim, or kill intruders or a person who forcibly enters the building is prohibited.
9. Buildings/premises shall be emptied and kept clear of combustible materials, waste material, rubbish, trash, and debris. (Ord. 1337, 5-22-2017)
10-15-9: SCREENING:
A. Screening shall be required in all zones where:
1. Any off street parking area contains more than four (4) parking spaces and is within thirty feet (30') of an adjoining R, P, or E lot line; and
2. Where the driveway to a parking area of more than six (6) parking spaces is within fifteen feet (15') of an adjoining R, P, or E lot line.
B. Where any business or industrial use (structure, parking or storage) is adjacent to property zoned or developed for an R, P or E use, that business or industry shall provide screening along that boundary. Screening shall also be provided where a business or industry is across the street from an R, P or E Zone, but not on that side of a business or industry considered to be the front as determined by the building official.
C. The screening required in this section shall consist of a solid fence or wall not less than five feet (5') nor more than six feet (6') in height but shall not extend within fifteen feet (15') of any street driveway opening onto a street. The screening shall be placed along the property lines or, in case of screening along a street, fifteen feet (15') from the street right-of-way, with landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence shall be considered solid if it blocks direct vision. Planting of a type approved by the Council may also be required in addition to or in lieu of fencing. Where natural materials are used for screening, a minimum ninety percent (90%) opacity at maturity shall be attained year round.
D. Dumpsters, garbage and waste containers, and refuse in all districts except A, E-1, E-2, R-1 and R-2 shall be screened from view by fencing consisting of wood, brick, or combination thereof. Associated gates and doors that allow access to refuse containers shall have a latching mechanism that is closed/locked when not in use. Exceptions to this subsection are made for roll- off waste containers temporarily on a premises, for example, for disposal of construction debris.
E. All rooftop and ground mounted mechanical equipment for nonresidential and R-3C Districts shall be screened one hundred percent (100%) from view of the public. (Ord. 1098, 11-8-2004)
10-15-10: EXTERIOR STORAGE:
A. All exterior storage and equipment in B and I Districts shall be screened, with the following exceptions:
1. Retail merchandise displayed in front of the structure.
2. Materials and equipment being used for construction on the premises.
3. Merchandise located on service station pump islands. (Ord. 1098, 11-8-2004)
4. In B-3 districts, all materials and goods shall be screened except those being sold. (Ord. 1098, 11-8-2004; amd. 2008 Code)
B. All outdoor/open storage in I-2 districts shall comply with the following standards:
1. Outdoor storage shall be screened by a fenced enclosure from the public right of way, residential uses, and any non-I-2 zoned property. At a minimum, the fence shall consist of a six foot (6') high solid wood fence.
2. The enclosure shall not encroach into any established front building setback, and it shall not encroach into any side or rear yard parking setback.
3. The enclosure shall not interfere with any pedestrian or vehicular movement.
4. The items to be stored shall not exceed the height of the enclosure, except for vehicles or large equipment.
5. The storage area shall not occupy required parking spaces or landscape areas.
6. The storage area shall be surfaced with concrete, bitumin, class V gravel, or an approved equivalent. The surface shall be maintained to prevent deterioration, dust and erosion.
7. The outdoor storage shall only be conducted by an occupant of the principal building and shall be accessory thereto.
8. The outdoor storage area shall be set back a minimum of one hundred feet (100') from the lot boundary of any A, E, or R district. (Ord. 1323, 10-10-2016)
10-15-11: LANDSCAPING:
A. Site Landscaping:
1. Minimum Requirements: All open space areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, ornamental trees, shrubs, flowers, ground cover, decorative walks, or other similar site design materials in a quantity and placement suitable for the site. A reasonable attempt should be made to preserve as many existing trees as is practicable and to incorporate them into the development. For each existing significant tree retained, one overstory tree can be deducted from the minimum requirements.
2. B And I Districts: In all B and I districts, a landscaped yard shall be provided and maintained along all streets where such district faces an R, P or E zone or use across a street. The landscaping shall consist of grass or evergreen plantings. The yard shall be kept clear of all structures, storage and off street parking; and shall be at least twenty feet (20') in depth along all streets, measured from the street right of way. Except for driveways, the yard shall extend along the entire frontage of the lot and, in the case of a corner lot, along both streets. When the landscaped yard is between the street and an off street parking area, a wall, solid fence two and one-half (21/2) to three feet (3') high or screening consistent with subsection 10-15-9C of this chapter shall be provided.
3. Trees:
a. Number Of Plantings:
(1) The minimum number of overstory trees on any given site shall be as indicated below. These are minimum requirements that are typically supplemented with other understory trees, shrubs, flowers and ground covers deemed appropriate for a complete quality landscape treatment of a site.
(A)Commercial, industrial, and institutional site shall contain, at a minimum, the greater of:
(i)One tree per one thousand (1,000) square feet of gross building floor area; or
(ii)One tree per fifty (50) linear feet of site perimeter.
(B)Multi-family residential site shall contain, at a minimum, one tree per dwelling unit.
(2) An equivalent of up to fifty percent (50%) of the required number of overstory trees may be created through the use of overstory trees in combination with other landscape design elements at a ratio of six (6) shrubs to one overstory tree and/or two (2) ornamental trees to one overstory tree. In no case shall the number of overstory trees be less than fifty percent (50%) of the appropriate formula.
b. Minimum Sizes: Required trees shall be of the following minimum planting size:
(1) Deciduous trees: Two and one-half inches (2.5") in diameter as measured three feet (3') aboveground.
(2) Coniferous trees: Six feet (6') in height.
(3) Deciduous shrubs: Two feet (2') in height.
(4) Evergreen shrubs: Two feet (2') in height or two feet (2') in width, whichever applies.
(5) Ornamental trees: One and one-half inches (1.5") in diameter as measured three feet (3') aboveground.
c. Species:
(1) All trees used in site developments shall be indigenous to the appropriate hardiness zone and physical characteristics of the site.
(2) All deciduous trees proposed to satisfy the requirements shall be long lived, hardwood species.
(3) The complement of trees fulfilling the landscaping requirements shall be not less than twenty five percent (25%) deciduous and not less than twenty five percent (25%) coniferous.
4. Sodding And Ground Cover: All areas not otherwise improved in accordance with approved site plans shall be sodded. All sodding and ground cover shall be established within one year of issuance of a certificate of occupancy for the property.
5. Slopes And Berm:
a. Final slope grades shall not exceed three and one-half to one (3.5:1) unless terracing of retaining walls is approved.
b. Berming for parking lots and open space areas shall not exceed three to one (3:1).
6. Warranty For Landscape Materials: Proof of a two (2) year warranty for the landscape materials from the provider of the landscape materials, or an alternate guarantee found acceptable to the zoning administrator, shall be submitted to the city. Said warranty or alternate guarantee shall be submitted to the city prior to issuance of a certificate of occupancy for the property.
B. Parking Lot Landscaping:
1. Overstory Trees:
a. All parking lots are required to provide internal overstory tree plantings in an effort to shade parking surfaces and provide visual relief. Plantings are required at the following minimum schedule. The planting schedule is established to provide an acceptable number of plantings that may be planted in regular symmetrical patterns or irregular clusters or groupings.
(1) One tree per every ten (10) parking spaces.
(2) Every overstory tree planting shall be provided with a planting area of one hundred sixty two (162) square feet.
b. Proof of a two (2) year warranty for the overstory tree plantings from the provider of the overstory trees, or an alternate guarantee found acceptable to the zoning administrator, shall be submitted to the city. Said warranty or alternate guarantee shall be submitted to the city prior to final inspection and use of the parking lot.
2. Screening: See subsection 10-15-9A of this chapter. (Ord. 1098, 11-8-2004)
10-15-12: FENCES1:
A. Permit Required; Existing Fences: It shall be necessary for all fence construction in the city to have the owner or his contractor obtain a fence permit before erecting a fence or enclosure. All those fences which are existing on May 12, 1971, are permitted even though they may not comply with this section. However, any major repair to existing fences shall conform to this section.
B. Yard Fences:
1. Fences in the front yard area shall provide no less than seventy five percent (75%) clear visibility and shall be no higher than forty eight inches (48"), plus two (2) additional inches for clearance the ground line. All fences constructed in other areas than the front yard and corner lot side yard clearance areas may be no more than seven feet (7') in height. Fences riparian yards shall be no higher than forty-two inches (42"), plus two (2) additional inches for clearance at the ground line.
2. Fencing around tennis courts in the P institutional zoning district and the outfields of ball fields in the P institutional zoning district are exempt from the seven foot (7') height limitation.
C. Traffic Visibility2:
1. No fences, walls or structures exceeding thirty inches (30") in height shall be located where they would obstruct safe view from any driveway, and there shall be no solid fences closer than fifteen feet (15') from the face of the curb.
2. The outside corner of any corner lot shall be free from any fence unless it provides seventy five percent (75%) clear visible opening. The "outside corner" shall be defined as the area bounded by the property line (street right of way line) and a line between the points thirty feet (30') in each direction from the block corner (lot corner) along said property lines.
D. Prohibited Materials: Within areas served by the municipal sanitary sewer system, fences shall not be constructed of barbed wire, chainlink with barbs up, or any other material that proves dangerous or hazardous or has intentions of inflicting harm to life or limb.
E. Construction Requirements: All fencing shall be constructed straight, true and plumb. Fences may be constructed on the property line. All fencing shall be constructed so that the exterior or outer face will face to the outside or away from the property being fenced. This means that the fenceposts, bracing and similar material will be located on the inside or the owner's side of the fence. (Ord. 1098, 11-8-2004; amd. Ord. 1410, 5-10-2021)
10-15-13: WASTE MATERIAL DISPOSAL AND STORAGE:
A. Waste material shall not be washed into the public storm sewer system nor the sanitary sewer system without first having received a permit to do so from the city. If said permit is not granted, a method of disposal shall be devised which will not require continuous land acquisition for permanent operation and will not cause a detrimental effect to the adjacent land. Should the waste be of a solid form rather than fluid, the storage area shall be so located and fenced as to be removed from public view.
B. In all districts, all waste material, debris, refuse, garbage, materials not currently in use for construction or otherwise regulated herein shall be kept in an enclosed building or properly contained in a closed container for such purposes. All such closed containers shall be removed from the property within ten (10) days of issuance of a certificate of occupancy for the on site construction that required the closed container.
C. The owner of vacant land shall be responsible for keeping such vacant land free of waste material and noxious weeds.
D. Existing uses shall comply with this section within six (6) months after the effective date hereof. (Ord. 1098, 11-8-2004)
10-15-14: DRAINAGE:
No land shall be developed and no use shall be permitted that results in water runoff causing flooding or erosion on adjacent property. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area or other suitable facility. (Ord. 1098, 11-8-2004)
10-15-15: FOUNDATION REQUIREMENTS:
In all zoning districts, structures in excess of one thousand (1,000) square feet of gross floor area shall be constructed with a full continuous structural load bearing perimeter foundation. Exceptions to this requirement are pole buildings and accessory structures to principal agricultural uses (i.e., farms, ranches, stables, greenhouses, nurseries, and uses deemed similar by the city council) in the A and E-1 zoning districts. (Ord. 1098, 11-8-2004)
10-15-16: BUILDING ELEVATION CONTROL:
A. Minimum Elevation: The first floor (entrance grade) elevation of any structure shall be not less than one and one-half feet (11/2') above the centerline elevation of the approved street grade along the frontage of the building site, except that the first floor elevation of structures in the A or E zoning district may be lower than said requirement subject to the approval of the city engineer and/or building official.
B. Maximum Elevation: The finished ground line at the structure shall not exceed eight feet (8') above the centerline elevation of the approved street grade adjacent to the building site, said building grade to be at the normal thirty foot (30') front yard setback to the structure. The elevation may be increased with additional setback subject to approval of the city engineer and/or building official. (Ord. 1098, 11-8-2004)
10-15-17: EXTERIOR BUILDING MATERIALS:
A. Commercial, Industrial And Institutional Buildings: All exterior vertical surfaces of any principal or accessory structure in a B, I or P zoning district shall have an equally attractive or the same fascia as the front. At least fifty percent (50%) of the exterior vertical surface shall consist of one or a combination of the following or similar materials: brick veneer; sculptured, textured or concrete block or panels; natural wood siding; steel, aluminum or vinyl lap siding; natural stone or glass. A maximum of one-third (1/3) of a building wall is permitted to have sheet or corrugated steel or aluminum finish.
1. Industrial and Institutional Buildings: The framing for hoop houses or other hoop designed apparatus shall be allowed only for storage of materials typically stored outdoors such as salt, sand, landscape materials, mulch, special soils and other similar materials as determined by the Zoning Administrator. The building shall be exempt from the exterior surface requirements and shall be constructed as a permanent structure.
B. Residential Principal Structures:
1. All exterior surfaces of a residential principal structure must be completed within one year of the issuance of a building permit. A six (6) month extension may be granted if a written request is submitted to the city planner ten (10) working days prior to the termination of the one year time limit.
2. Exterior walls of all principal structures in all residential zoning districts (R, A, and E districts) must be covered only with siding (e.g., wood, vinyl, aluminum or metal horizontal lap), stucco, brick, glass, composite plastic or other comparable material as approved by the city planner.
3. Cloth, fabric, canvas, plastic sheets, tarps, tarpaper, insulation, sheet metal and corrugated metal shall be prohibited as final covers for exterior walls and roofs for all principal structures in all residential zoning districts (R, A and E districts).
C. Residential Accessory Structures:
1. Completion Period: All exterior surfaces of a residential accessory structure must be completed within one year of beginning construction. A six (6) month extension may be granted if a written request is submitted to the city planner ten (10) working days prior to the termination of the one year time limit.
2. Allowed Materials: Exterior walls of all accessory structures in all residential zoning districts (R, A and E districts) must be covered only with siding (e.g., wood, vinyl, aluminum or metal horizontal lap), stucco, brick, glass, composite plastic or other comparable material as approved by the city planner. Sheet metal, corrugated metal or shaped metal material may also be used to cover exterior walls of accessory structures provided:
a. The structure is less than one hundred twenty (120) square feet and is located in a residential zoning district (R, A and E districts).
b. In the A and E-1 zoning districts only, the exterior walls of the structures over one hundred twenty (120) square feet may be covered with sheet metal, corrugated metal or shaped metal provided the material has a thickness of at least 29-gauge, and comes with a manufacturer’s warranty of at least twenty (20) years.
3. Prohibited Materials: Cloth, fabric, canvas, plastic sheets, tarps, tarpaper and insulation shall be prohibited as final covers for exterior walls and roofs for all accessory structures in all residential zoning districts (R, A and E districts). In all residential zoning districts (R, A and E districts), the placement or use of framing for hoop houses or other hoop designed apparatus, tent garages and other similar apparatus is prohibited, whether it is an accessory structure or an apparatus as described in subsection C5 of this section.
4. Apparatus: All limitations, restrictions, regulations, prohibitions and standards set forth in this subsection C relating to accessory structures shall also apply to the following:
Nonpermanent or movable apparatus or units, not permanently affixed to the ground, consisting of a frame that is to be used for or intended to be used for storage or other use. These include apparatus commonly known as hoop houses or other hoop designed apparatus, tent garages and other similar apparatus.
The framing for hoop houses or other hoop designed apparatus, tent garages and other similar apparatus is prohibited, whether it is an accessory structure or an apparatus as described in this subsection C5.
5. Exceptions: The following are excluded from the requirements of this subsection C:
a. Playground equipment.
b. Camping tents and special event tents which are in place for less than five (5) days.
c. Commercial greenhouses.
d. Accessory structures to principal agricultural uses (i.e., farms, ranches, stables, greenhouses, nurseries, and uses deemed similar by the city council) in the A and E-1 zoning districts.
e. Accessory structures used as carports and nonpermanent or movable apparatus or units used as carports.
f. Hoop houses and other hoop designed apparatus, whether as accessory structures and nonpermanent or movable apparatus may be placed and used and may be covered with plastic sheets if they meet the following:
(1) Located on lots meeting the minimum lot size in the A and E zoning districts;
(2) Maximum size of five hundred (500) square feet; and
(3) Minimum setback of fifty feet (50') from all property lines. (Ord. 1196, 10-12-2009; amd. Ord. 1387, 8-10-2020; Ord. 1503, 6-9-2025)
10-15-18: ACCESSORY STRUCTURES:
A. Each detached accessory structure to single-family residential uses in all E-2, R-1 and R-2 zoning districts shall not exceed a total maximum gross square feet of one thousand (1,000) square feet. The gross square feet figure may exclude any usable attic space or loft space. The total number of all detached accessory structures on lots in the E-2, R-1 and R-2 zoning districts shall be limited to one.
B. On lots of five (5) acres or more, but less than 7.50 acres in size, which are located in an A or E-1 zoning district, detached accessory structures to single-family residential uses shall not exceed a total of three thousand (3,000) gross square feet. On lots 7.5 acres or more but less than 10 acres in size, which are located in an A or E-1 zoning district, detached accessory structures to single-family residential uses shall not exceed a total of three thousand five hundred (3,500) gross square feet. On lots 10 acres and greater, which are located in an A or E-1 zoning district, detached accessory structures to single-family residential uses shall not exceed a total of three thousand seven hundred fifty (3,750) gross square feet. The gross square feet figure may exclude any usable attic space or loft space. On lots of five (5) acres or more in size in the A or E-1 zoning district, the maximum number of detached accessory structures is two (2).
C. On lots of two and a half (2.5) acres or more, but less than 3.4 acres in size, which are located in an A or E-1 zoning district, detached accessory structures to single-family residential uses shall not exceed of one thousand six hundred (1,600) gross square feet. On lots 3.4 acres or more, but less than five (5) acres in size, which are located in an A or E-1 zoning district, detached accessory structures to single-family residential uses shall not exceed a gross square feet equal to the lot size (in acres) multiplied by four hundred and eighty (480). The gross square feet figure may exclude any usable attic space or loft space. On lots of two and a half (2.5) acres or more, but less than five (5) acres in size in the A or E-1 zoning districts, the maximum number of detached accessory structures is one (1).
D. On lots of less than two and a half (2.5) acres in size, which are located in an A or E-1 zoning district, detached accessory structures to single-family residential uses shall not exceed one thousand (1,000) gross square feet. The gross square feet figure may exclude any usable attic space or loft space. On lots of less than two and a half (2.5) acres in size in the A or E-1 zoning districts, the maximum number of detached accessory structures is one (1).
E. Detached accessory structures in the A and E-1 zoning districts that exceed one thousand (1,000) gross square feet must maintain a fifty foot (50') minimum setback from all property lines.
F. In no zoning district may an accessory structure be constructed on a lot prior to the construction of the lot's principal structure.
G. Exceptions to the requirements contained in this section relating to accessory structures are as follows:
1. In addition to the accessory structures allowed in Section 18, parts A-E above, up to two (2) additional accessory structures of no more than one hundred twenty (120) square feet per structure are allowed as permitted small accessory structures for single-family residential uses in all A, E and R zoning districts.
2. In the A and E-1 zoning districts, accessory structures used exclusively for agricultural purposes are exempt from the standards in this Section 18.
3. Each residential lot with a principal building is allowed attached garage space or one detached garage up to seven hundred and fifty (750) square feet, in addition to an accessory building or buildings as allowed per this section. (Ord. 1181, 9-8-2008; amd. Ord. 1209, 4-26-2010; Ord. 1411, 6-14-2021; Ord. 1473, 3-18-2024)
10-15-19: ACCESSORY FARM RESIDENCES:
Accessory farm residences must satisfy all of the following performance standards:
A. The parcel of land upon which the accessory farm residence is located must be zoned A agricultural or E-1 estate. If the parcel of land is rezoned to any classification other than A agricultural or E-1 estate, within thirty (30) days of the effective date of the rezoning, the accessory farm residence shall be made unusable as a residence in a manner found satisfactory to the chief building official.
B. The parcel of land upon which the accessory farm residence is located must be a minimum of twenty (20.0) acres in size. If the parcel of land is divided and retains less than twenty (20.0) acres, within thirty (30) days of recording of the division with the county, the accessory farm residence shall be made unusable as a residence in a manner found satisfactory to the chief building official.
C. The parcel of land upon which the accessory farm residence is located must have an existing occupied house (primary farm residence), except that the accessory farm residence may be attached to an accessory structure on an immediately abutting parcel of land that does not have a primary farm residence if the other abutting parcel has an occupied primary farm residence and if the following additional criteria are satisfied:
1. The county assessor's office or recorder's office must notify the zoning administrator that the subject abutting parcels are not allowed by the county to be combined into a single tax parcel.
2. Both abutting parcels must be under the same ownership.
3. The combined size of the parcel with the accessory farm residence and the parcel with the primary farm residence must be a minimum of twenty (20.0) acres.
4. If the parcel of land upon which the accessory farm residence is located ceases to be under the same ownership as the abutting parcel with the primary farm residence, then the accessory farm residence shall be made unusable as a residence in a manner found satisfactory to the chief building official.
5. If the primary farm residence on the abutting parcel ceases to be occupied, then, within thirty (30) days, the accessory farm residence shall be made unusable as a residence in a manner found satisfactory to the chief building official.
D. No more than one accessory farm residence may be located on any parcel of land. If the accessory farm residence is located on a parcel abutting the primary farm residence as allowed in subsection C of this section, then only one accessory farm residence may be located on the two (2) adjacent parcels.
E. At least one occupant of the accessory farm residence must be actively engaged in agricultural activity on the parcel of land.
F. Construction of the accessory farm residence may commence only after the building inspection division of the city has issued a building permit therefor.
G. The accessory farm residence must be connected to an on site septic system found satisfactory to the building inspection division of the city prior to issuance of a certificate of occupancy.
H. The accessory farm residence must be located either within the primary farm residence or, in the alternative, attached to an accessory structure on the parcel of land. However, the accessory farm residence may only be attached to an accessory structure if the accessory farm residence meets the following additional performance standards:
1. The accessory farm residence may be attached to an accessory structure as an addition or a wing. If a wing of the accessory structure is intended for use as an accessory farm residence, then the accessory farm residence must be completely isolated from the agricultural and/or nonresidential portions of the structure by use of an area separation wall (as defined by the city building code) that extends from the floor of the lowest level to the roof of the abutting agricultural and/or nonresidential use(s).
2. The accessory farm residence must be separated from the accessory structure to which it is attached by a one hour fire separation wall, as defined by the city building code. If there is a door giving direct access to the accessory structure from the accessory farm residence, the door must incorporate a closure and be fire rated according to the city building code.
3. The accessory farm residence may be located within the accessory structure in a configuration other than an addition or wing (as addressed subsection H1 of this section) only if all supporting structure and structural elements are compliant with current city building codes for R occupancy and, in addition, said structure and structural elements must be protected to a one hour fire rating standard.
4. In addition to a possible doorway to the accessory structure, the accessory farm residence must have an egress door directly to the outside.
I. Prior to issuance of a certificate of occupancy for the accessory farm residence, the owner of the parcel of land shall record with the county a certificate from the city clerk that includes the following:
1. Legal description of the parcel of land.
2. Date upon which the city issued a building permit for the accessory farm residence.
3. A statement that this section establishes performance standards that must continue to be satisfied or the accessory farm residence must be made unusable as a residence in a manner found satisfactory to the chief building official, or converted to its former use.
4. A copy of this section. (Ord. 1098, 11-8-2004)
10-15-20: DRIVEWAYS:
A. Width: All driveways shall conform to the following requirements:
Land Use | Maximum Curb Opening | Maximum Driveway Width | Minimum Driveway Width | |||
Single | Combined | Single | Combined | Width | Vertical Clearance | |
Residential | 32 feet | 50 feet | 30 feet | 40 feet | *See below | 14 feet |
Commercial | 35 feet | 55 feet | 30 feet | 45 feet | 20 feet | 14 feet |
Industrial | 55 feet | 75 feet | 35 feet | 55 feet | 20 feet | 14 feet |
*Residential driveways shall be a minimum of 9 feet of unobstructed width when not more than 150 feet in length and not serving more than 2 group R, division 3 or U occupancies, as defined by the building code. Residential driveways shall be a minimum of 12 feet of unobstructed width when over 150 feet in length and not serving more than 2 group R, division 3 or U occupancies, as defined by the building code. Residential driveways serving more than 2 group R, division 3 or U occupancies, as defined by the building code, shall be a minimum of 20 feet of unobstructed width.
B. Materials: All driveways shall be constructed of bitumin, concrete, or paving blocks for the entire width and length including that portion of the driveway located within the road right of way (boulevard). Driveways may, however, be constructed of crushed rock or equivalent crushed material, provided the following conditions are met:
1. The property shall be zoned A or E.
2. When accessed off of an improved street, with concrete curb and gutter, that portion of the driveway within the road right of way shall be constructed of bitumin, concrete, or paving blocks.
3. When accessed off of an improved street (gravel shoulders), the entire driveway extending to the traveled portion of the street may be crushed rock or equivalent crushed material.
C. Access And Location: Parking areas shall be designed so as to provide an adequate means of access to a public alley or street. All off street parking spaces shall have access off driveways and not directly off a public street.
D. Access Grade: The driveway access shall not exceed boulevard slope of one-fourth inch (1/4") per foot from the top of curb elevation to the property line, and must maintain a minimum grade of not less than 0.50 percent or a maximum grade of not more than twenty seven percent (27%) from the property line to the building (garage) floor.
E. Requirements Of Other Agencies: In those instances where approval of a driveway access permit is required by the Minnesota department of transportation or the county, the requirements of those agencies, relative to driveway widths and locations, shall supersede the city standards.
F. Nonconforming Driveways: Driveways existing prior to October 25, 1965, shall be considered lawfully nonconforming. Upon redevelopment of the property upon which the driveway is located, however, said driveway shall be reconstructed to fully conform to the provisions of this section.
G. Minimum Road Spacing: Minimum spacing along curb lines shall be as follows:
Roadway Functional Classification | Minimum Spacing Along Curb Line |
Major arterial (100 feet right of way or greater) | 150 feet to 300 feet |
Minor arterial (100 feet right of way or greater) | 100 feet |
Collector (80 feet right of way) | 50 feet |
Local (60 feet right of way) | 10 feet |
H. Minimum Driveway Spacing: Minimum driveway spacing relative to street intersections shall be as follows:
If Driveway Enters A Street Classified As | Intersecting Street Is Classified As | Minimum Distance Of The Driveway From The Street Intersection (End Of Radius) | |
Approaching | Leaving | ||
If Driveway Enters A Street Classified As | Intersecting Street Is Classified As | Minimum Distance Of The Driveway From The Street Intersection (End Of Radius) | |
Approaching | Leaving | ||
Local | Local | 20 feet | 20 feet |
Collector | 20 feet | 20 feet | |
Minor arterial | 25 feet | 25 feet | |
Major arterial | 30 feet | 30 feet | |
Collector | Local | 30 feet | 30 feet |
Collector | 35 feet | 30 feet | |
Minor arterial | 35 feet | 30 feet | |
Major arterial | 40 feet | 35 feet | |
Minor arterial | Local | 30 feet | 20 feet |
Collector | 35 feet | 30 feet | |
Minor arterial | 40 feet | 35 feet | |
Major arterial | 40 feet | 35 feet | |
Major arterial | Local | 30 feet | 25 feet |
Collector | 35 feet | 30 feet | |
Minor arterial | 40 feet | 35 feet | |
Major arterial | 50 feet | 50 feet | |
Note:Setback requirements from side and rear property lines for all driveways shall be a minimum of 5 feet except where a shared driveway access is approved as a part of the plat. The first 1/3 of the driveway shall be as nearly perpendicular to the street as is consistent with safety design standards.
(Ord. 1098, 11-8-2004)
I. Approval, Permit Required; Time For Completion: No driveway may be replaced, constructed or expanded without first obtaining a driveway permit from the city. The applicant shall pay the fee for the driveway permit as established by city council resolution or ordinance. The design of and the materials used for all driveways shall be approved by the engineer or the building official. The driveway shall be completely constructed in accordance with this section within one year from the date the driveway permit was issued. (Ord. 1225, 11-22-2010)
10-15-21: TRAFFIC CONTROL:
A. The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards, or excessive traffic through residential and estate areas.
B. Traffic into and out of all business and industrial uses or areas shall in all cases be forward moving with no backing into streets or pedestrianways.
C. No access to any lot shall be located within thirty feet (30') of any two (2) intersecting street right of way lines. (Ord. 1098, 11-8-2004)
10-15-22: PRIVATE SWIMMING POOLS, HOT TUBS AND SPAS:
Private swimming pools, hot tubs, spas, and inflatable pools are permitted accessory uses in all residential districts under the following conditions:
A. Definition: For purposes of this section, a "swimming pool" means any structure intended for swimming or recreational bathing that contains water over thirty inches (30") deep or with a capacity of over one thousand (1,000) gallons. This includes inground, aboveground, and onground swimming pools, hot tubs and spas1.
B. Permit Requirements: The applicant for a building permit for swimming pools, hot tubs, spas, and inflatable pools shall submit all information as deemed necessary by the building official.
C. Fencing:
1. A minimum four foot (4') nonclimbable fence, restricting access, shall be erected around outdoor swimming pools, hot tubs, spas, and inflatable pools or around the tract of land where said pool, hot tub, spa, or inflatable pool is located. The exceptions to this requirement are:
a. Hot tubs and spas equipped with latching covers conforming to ASTM F 1346-91, "Standard Performance Specifications For Safety Covers And Labeling Requirements For All Covers For Swimming Pools, Hot Tubs And Spas2".
b. Inflatable pools with a surface area of fourteen (14) or less feet in diameter, and less than thirty inches (30") in depth from the deepest point to the spill level, and erected between Memorial Day and Labor Day.
c. Pool covers conforming to ASTM F 1346-91, "Standard Performance Specifications For Safety Covers And Labeling Requirements For All Covers For Swimming Pools, Spas, And Hot Tubs".
2. The building official shall approve the plans and specifications for said fence prior to construction. If said fence is equipped with doors or gates, then the doors or gates shall be self-closing, latching and childproof.
3. Where a suitable railing or other approved barrier restricting access to the pool is constructed, the above requirement for a fence may be waived by the building official, provided the building official determines compliance with approved ordinances and standards.
4. In instances where the hot tub or spa contains a latching cover or the pool contains a cover or the fence has a door or gate, then the property owner must keep the cover closed and the door and gate closed unless a resident of the property is present outdoors and within twenty five feet (25') of the hot tub, spa or pool.
D. Setbacks:
1. Swimming pools, hot tubs, spas, and inflatable pools shall be set back a minimum of ten feet (10') from any side or rear lot line as measured from the nearest edge of the slope around the pool, the perimeter walk, or the edge of the pool (whichever is closer to said lot line).
2. Swimming pools, hot tubs, spas, and inflatable pools shall not be permitted in the front yard, side yard, or in the area between the street right of way and the minimum required building setback line.
E. Drainage Of Site: Swimming pools, hot tubs, spas, and inflatable pools which raise the existing elevation more than eight feet (8') shall be reviewed by the building official who shall have the right to refuse the permit for construction of the same if, in his opinion, adjoining properties will be adversely affected because of the alteration of drainage patterns.
F. Drainage Of Pools, Tubs And Spas: The drainage of swimming pools, hot tubs, spas, and inflatable pools shall not discharge across adjoining properties. (Ord. 1142, 1-22-2007)
10-15-23: MOTOR FUEL STATIONS1:
Motor fuel stations in all districts, where permitted, shall be subject to the following performance standards:
A. A fence or wall of acceptable design, not over six feet (6') in height or less than five feet (5'), shall be constructed along the property line when said use abuts property residentially used or in an R district, and said fence shall be adequately maintained. Application of this subsection shall not require a fence within the required front yard nor within fifteen feet (15') of any street right of way line.
B. All drives and parking and loading areas shall be bitumin or concrete pavement.
C. A drainage system subject to approval of the council shall be installed.
D. A box curb not less than six inches (6") above grade shall separate the public right of way from the motor vehicle service areas, except at approved entrances and exits.
E. The lighting shall be accomplished in such a manner as to have no direct source of light visible from the public right of way or adjacent land in residential use.
F. Pump islands and canopies shall conform to principal structure setback requirements.
G. Each motor fuel station may have one pedestal type sign not in excess of sixty four (64) square feet nor more than twenty five feet (25') in height erected within any yard, except that no part of the sign shall be less than six feet (6') from the property line measured as a horizontal distance. The pedestal shall not be greater than eighteen inches (18") in diameter, and no part of the sign surface shall be less than sixteen feet (16') vertical distance from the grade of the nearest driveway or parking area. The pedestal shall not be less than five feet (5') from a driveway at its nearest point.
H. No storage of vehicles for a period longer than forty eight (48) hours shall be permitted.
I. No sales of motor vehicles shall be permitted. (Ord. 1098, 11-8-2004)
10-15-24: AUTOMOBILE SERVICE ACCESSORY TO RETAIL SALES:
Where permitted, automobile service as an accessory use to retail sales shall be subject to the following performance standards:
A. An "automobile", for purposes of this section, shall be defined as any passenger vehicle or truck which does not exceed a gross vehicle weight of twenty six thousand (26,000) pounds.
B. Up to forty percent (40%) of the gross floor area of a retail sales and services business may be used for automobile service.
C. The automobile service portion of a retail sales and services business may include the replacement or repair of any part which does not require removal of the engine block or engine transmission.
D. The automobile service portion of a retail sales and services business may not include: major repair, rebuilding or reconditioning of engine blocks; body work or frame work; painting or upholstering.
E. Outside storage of used tires, used automobile fluids or used parts is prohibited. All such storage shall occur within the principle structure or a completely enclosed accessory structure.
F. The display of automobiles for sale is prohibited.
G. The outside display of used merchandise is prohibited.
H. The overnight outside storage or parking of automobiles is prohibited.
I. The sale of motor fuel is prohibited.
J. The automobile service portion of a retail sales and services business may have only two (2) overhead doors. (Ord. 1098, 11-8-2004)
10-15-25: DRIVE-THROUGH ESTABLISHMENTS:
Drive-through establishments in all districts shall be subject to the following performance standards:
A. A screening fence not over six feet (6') in height nor less than four feet (4'), which is at least fifty percent (50%) opaque throughout its height, shall be constructed along the property line, or a planting strip not less than fifteen feet (15') in width reserved and planted along the property line shall be developed according to a submitted planting plan that meets the approval of the council.
B. No drive-through windows, microphones, or reader and menu boards may be located in the front yard.
C. Adequate stacking spaces shall be provided to prevent conflict with vehicle movement and parking. (Ord. 1098, 11-8-2004)
10-15-26: HOME OCCUPATIONS:
A. Generally: In general, occupations and businesses in the city are to be conducted in commercial and industrial zoning districts, not in residential zoning districts. Exceptions to this generality include agricultural activities within agricultural zoning districts as regulated in this title, daycare as defined in section 10-2-2 of this title, and home occupations, provided they conform to the standards of this section.
B. Definition: "Home occupation" means any gainful occupation meeting all of the following requirements:
1. Engaged in only by persons residing in the subject dwelling.
2. Conducted entirely within the dwelling, not in attached or detached accessory structures.
3. Evidence of the occupation shall not be visible from the street.
4. No signs other than those permitted in R districts are permitted.
5. No stock in trade is stored on the premises.
6. On site retail sales are not involved.
7. Entrance to the home occupation is gained exclusively from within the dwelling.
8. When the home occupation is a beauty/barber shop, entrance to the home occupation shall be a separate, direct entrance and shall not be from within the dwelling.
C. Professional Home Occupations: A professional person may use his/her residence for consultation, emergency treatment, or performance of religious rites, but not for the general practice of his/her profession when such general practice will involve the need for more than three (3) parking spaces for the occupant and visitors. No accessory building or attached garage shall be used for such home occupation. (Ord. 1098, 11-8-2004)
D. Other Home Occupations: Home occupations include minor repair services, photo or art studios, dressmaking, teaching limited to three (3) students at any one time, in home daycare as licensed by the state, licensed massage therapy in accordance with the regulations of title 4, chapter 8 of this code and similar uses; however, a home occupation shall not be interpreted to include tourist homes, restaurants or similar uses. (Ord. 1311, 3-28-2016)
10-15-27: SEASONAL AGRICULTURAL PRODUCTS STANDS:
Stands for the sale of agricultural products are permitted in the A agricultural zoning district and conditionally permitted in the E-1 estate zoning district, provided:
A. Only agricultural products such as vegetables, fruits, flowers, nursery stock, and similar items shall be sold on the premises.
B. All products to be sold shall be grown by the operator of the stand, and the stand shall be operated by the owner of the property on which it is located.
C. A portion of the agricultural products to be sold must be grown on the property on which the stand is located. Agricultural produce to be sold may also be grown on other property owned or leased by the operator of the stand.
D. Structures used for the sale of agricultural products shall not be enclosed, but may be roofed. Said structures may be permanent or temporary in nature and shall meet principle structure setback requirements.
E. Enclosed structures shall only be permitted for storage purposes accessory to the stand for agricultural products.
F. The aggregate floor area of all structures used for the sale of agricultural products shall not exceed one thousand (1,000) square feet. (Ord. 1098, 11-8-2004)
G. The stand for the sale of agricultural products shall only be open from May 1 to November 5, except that the stand may be used for the sale of Christmas trees. (Ord. 1098, 11-8-2004; amd. 2008 Code)
H. Mechanical refrigeration devices shall be limited to one thousand six hundred (1,600) cubic feet in size.
I. Off street parking shall be provided to adequately accommodate the use. No on street parking shall be allowed. The off street parking area shall be surfaced with a minimum of class V gravel.
J. Public restrooms shall be prohibited.
K. Signage shall conform to article E of this chapter for A zoned property.
L. The sale of cannabis plants, cannabis flower, cannabis products or any other product containing or derived from the cannabis or hemp plant are prohibited. (Ord. 1098, 11-8-2004; amd. Ord. 1491, 12-9-2024)
10-15-28: ANIMAL SLAUGHTERING FACILITIES:
Animal slaughtering facilities are a conditionally permitted use in the A agricultural district if the facility is provided only to persons directly purchasing animals from the owner and occupant of a permitted or allowed use, and if the following standards are met:
A. A portion of the animals to be slaughtered must be raised on the premises.
B. The slaughtering facilities shall be accompanied by a single- family residential use on the same parcel or lot.
C. No person engaged in the slaughtering of animals shall be employed on, or a resident of, the subject property.
D. The maximum area (indoor, outdoor or combination thereof) to be used for the slaughtering of animals is one thousand five hundred (1,500) square feet.
E. Adequate off street parking is provided to accommodate the traffic generated by the use.
F. The minimum lot size shall be ten (10) acres.
G. The use of the property shall conform to all applicable city, county, state and federal health and safety regulations. (Ord. 1098, 11-8-2004)
10-15-29: IMPOUND LOTS:
Impound lots are subject to the following performance standards:
A. No vehicle is kept on the property for a period longer than sixty (60) days, except when the vehicle is part of a police investigation.
B. All areas used for the storage or parking of vehicles are surfaced with an impervious material.
C. A storm water drainage plan is approved by the director of public works.
D. The impound storage area is screened from all abutting properties and the public right of way in accordance with section 10-15-9 of this chapter.
E. The subject property does not abut, or is not directly across the street from, E or R-1 zoned property. (Ord. 1098, 11-8-2004)
10-15-30: RETAIL FLORIST SALES WITH COMMERCIAL GREENHOUSE/NURSERY:
Where permitted, retail florist sales in conjunction with commercial greenhouses and nurseries shall be subject to the following conditions:
A. A portion of the products to be sold must be grown on site.
B. The total sum of buildings, or areas of buildings, used for retail sales of floral products shall not exceed eight hundred (800) square feet.
C. Off street parking shall conform to article A of this chapter.
D. Signage shall be allowed in conformance with those requirements of the B-1 district.
E. No outside storage of floral products or supplies shall be permitted.
F. Contractors' yards and/or landscape companies, including supplies and equipment, are specifically prohibited, and no storage (inside or outside) of such materials shall occur on site.
G. Access to such operations shall occur only from arterial or collector roads as defined on the city thoroughfare plan. (Ord. 1098, 11-8-2004)
10-15-31: TEMPORARY SALES OFFICES:
Where permitted, temporary sales offices must satisfy all of the following performance standards:
A. All temporary sales offices are required to receive a building permit.
B. The temporary sales office shall be removed within thirty (30) days of the certificate of occupancy for the development's model unit or leasing office, or within six (6) months of the issuance of the building permit for the temporary sales office, whichever occurs first. If requested in writing by the developer prior to expiration of the six (6) month period, the city council may grant extensions for the temporary sales office to remain on the development property.
C. Each development project shall be limited to one temporary sales office.
D. All temporary sales offices shall be required to meet the standards of the Americans with disabilities act.
E. All temporary sales offices shall meet setback standards as required for any structure within the applicable zoning district.
F. Temporary sales offices shall have skirting around the entire perimeter.
G. Prior to use by the public, all temporary sales offices shall be provided with at least three (3) customer parking spaces. In addition, the surface of the parking spaces shall at a minimum consist of a class V crushed rock.
H. Temporary sales offices shall be permitted only for residential subdivisions for which a final plat has been approved by the city council. Additionally, a temporary sales office shall be located on the property for which the final plat was approved. No off site temporary sales offices will be permitted. (Ord. 1098, 11-8-2004)
10-15-32: BODY ART ESTABLISHMENTS:
Where permitted, body art establishments shall be subject to the following conditions:
A. Such use shall be licensed under title 4, chapter 9 of this code.
B. Such use shall be located at least one thousand (1,000) radial feet, as measured in a straight line from the closest point of the property line upon which the body art establishment is located to the property line of:
1. Schools.
2. Churches.
3. Parks.
4. Public libraries.
5. Establishments selling and/or serving alcoholic beverages.
C. Such use shall be located not less than one thousand feet (1,000') from other body art establishments. (Ord. 1285, 10-13-2014)
10-15-33: COMMUNITY GARDENS, MARKET GARDENS, AND PERSONAL GARDENS:
A. Where permitted, community gardens shall be subject to the following conditions:
1. Community Gardens Permitted: Community gardens are permitted in all zoning districts.
2. Use: Community gardens may be the principal or accessory use on a parcel.
3. Retail Sales Prohibited: No on site retail sales shall be permitted with regard to community gardens.
4. Excavation: No excavation for the community garden shall occur until after the property owner has had all underground utilities located on the site and has clearly marked the area where gardening may occur without disturbance to utilities.
5. Location: Community gardens shall not be located within any public easement.
6. Accessory Buildings: Accessory buildings for community gardens are not permitted on vacant parcels. Developed parcels may have accessory buildings as allowed in the underlying zoning district.
7. Parking: Parking for the community garden shall be provided on streets where parking is permitted or on an existing parking surface with the written permission of the owner of the parking surface.
8. Trash Containers: Trash containers may be provided on site provided they meet accessory structure setbacks for the underlying zoning district and are screened by an opaque fence and/or landscape plantings of sufficient height to screen the containers. All trash shall be removed from the community garden site at least once per week.
9. Compost Bins: Compost bins are permitted as regulated by section 8-6-6 of this code.
10. Setback: The community garden shall be set back a minimum of five feet (5') from all property lines in order to provide a vegetated buffer of grass or other plants to minimize the transfer of sediment and to delineate the edges of the community garden.
11. Paths: Paths may be installed to access the community garden and individual community garden plots provided the paths are constructed using natural landscape materials including wood chips, mulch, landscape rock or pea gravel.
12. Negative Impacts Prohibited: The community garden site shall be designed and maintained to prevent negative impacts to adjacent properties from individual gardeners and gardening activities including, but not limited to, irrigation, fertilizer, soils, stormwater, cultivated areas, trespassing and garden debris.
13. Maintenance: Community gardens shall be maintained in a neat and orderly manner. Trash, weeds, dirt piles and debris of any sort shall not be allowed to accumulate on the community garden site.
14. Community Garden Site Restoration: Upon cessation of the community garden, the community garden site shall be fully restored to the pregarden status. All aboveground remains of the community garden shall be promptly removed and the ground leveled and restored so it can be utilized for uses permitted in the zoning district.
15. Community Garden Signage: One nonilluminated community garden identification sign may be displayed provided:
a. The sign shall not exceed ten (10) square feet in area or ten feet (10') in height and the sign shall be set back a minimum of ten feet (10') from property lines;
b. Current contact information for the community garden should be posted on the sign including the property owner and community garden manager contact name(s), address(es), and telephone number(s).
Personal gardens are not subject to the above conditions imposed on community gardens. Personal gardens may be the principal or accessory use on a parcel.
B. Where permitted, market gardens shall be subject to the following provisions:
1. Market garden planting areas can be no larger than ten percent (10%) of lot area and shall not be located in front yards.
2. Retail Sales Allowed: On-site sales are allowed under the following conditions:
a. The only products sold are the food crops grown in the market garden on the property;
b. Sales are limited to a maximum of seventy-five (75) sales days per calendar year;
c. Sales shall take place only between the hours of eight o’clock (8:00) A.M. to seven o’clock (7:00) P.M. weekdays and nine o’clock (9:00) A.M. to seven o’clock (7:00) P.M. on weekends;
d. Sales cannot take place on the public sidewalk or boulevard.
3. Setback: The market garden shall be set back a minimum of five feet (5') from all property lines in order to provide a vegetated buffer of grass or other plants to minimize the transfer of sediment and to delineate the edges of the market garden.
4. Equipment: Market garden equipment shall be limited to that which is commonly used for household gardening. Any tools, equipment, and material shall be stored and concealed within an enclosed, secured structure.
5. Negative Impacts Prohibited: The market garden site shall be designed and maintained to prevent negative impacts to adjacent properties from gardening activities including, but not limited to, irrigation, fertilizer, soils, stormwater, cultivated areas, and garden debris.
6. Maintenance: Market gardens shall be maintained in a neat and orderly manner. Trash, weeds, dirt piles and debris of any sort shall not be allowed to accumulate on the market garden site. When a market garden is discontinued the property shall be restored with native plantings, grass, or other allowed ground cover.
7. Nuisance: Improperly maintained market gardens are subject to nuisance abatement procedures as detailed elsewhere in this code. (Ord. 1253, 5-29-2012; amd. Ord. 1412, 7-12-2021)
10-15-34: DNR ADMINISTERED AND SPONSORED GUN SAFETY PROGRAM WITH OUTDOOR TRAINING:
Where permitted, the use shall be subject to the following conditions:
A. The use shall only be allowed on land of a minimum of fifty (50) acres of contiguous or adjacent land under the same control.
B. The gun safety range shall be located a distance of at least one-fourth (1/4) mile from any nonowner residence.
C. There shall be a minimum elevation of fifty feet (50') of hillside behind the shooting range.
D. Only .22 caliber rifles with CCI Quiet .22 caliber long rifle ammunition may be shot on the range. The ammunition shall be shot into a target and backstop that traps and holds the ammunition; at the end of each session, the ammunition contained in the target and backstop and the other ammunition used during the session shall be removed. The location of the target and backstop shall be such that the direction of fire shall only be toward land, for a distance of at least one-fourth (1/4) mile, owned by or under the same control as the land where the target and backstop are located.
E. The program must be an instructional program administered and sponsored by the Minnesota department of natural resources.
F. No more than six (6) training sessions may occur at any one location or property per calendar year.
G. The chief of police must approve in writing the specific location of the shooting range and the chief may impose conditions and restrictions with respect to the number of participants, the time and dates of the instructional program and number and placement of warning signs and duration of the program.
H. The program must also comply with all regulations contained in section 5-6-1 of this code.
I. The Minnesota department of natural resources shall provide the city clerk on an annual basis evidence of a certificate of coverage for commercial liability relating to the DNR administered and sponsored gun safety program. The certificate shall show coverage in amounts at least equal to the statutory tort limits applicable to the state of Minnesota. (Ord. 1256, 8-27-2012)
10-15-35: OUTDOOR SKILLS AREA AND ENVIRONMENTAL EDUCATION CENTER/OPEN AREA AND NATURE CENTERS:
Where permitted, the use shall be subject to the following conditions:
A. The use shall only be allowed on a site that contains at least one hundred twenty (120) acres contiguous to each other or adjacent to under the same ownership or control. At least one hundred five (105) of the total acres must be subject to a recorded permanent natural area conservation easement in favor of a governmental body.
B. The interpretive center shall mean and include the following:
1. Administrative offices.
2. Activity/display/classrooms/storage.
3. Restrooms.
4. Open air shelters/pavilions.
5. Environmental preschool.
6. Indoor gun safety area.
7. Parking lot and roadways in conformance with performance standards found in the zoning ordinance.
8. Interpretive center shall be limited to no more than two (2) new buildings.
9. All new buildings, parking areas, roadways must be on a site plan approved by the city per article J, "Site Plan Review", of this chapter and meet performance standards of this code.
C. Senior housing component shall mean and include the following:
1. Independent/assisted care; hospice facilities combined with senior independent and assistance housing.
2. Environmental preschool allowed only in combination with the senior housing component or the interpretive center.
3. Must be constructed on a parcel that adjoins the nature center campus site provided no more than one building total shall be allowed over the entire use area.
4. Not more than one building shall be allowed for senior housing described above.
5. The building shall be limited to fifty three (53) living units.
6. Must be subject to an agreement between the city and the owners of the facility that the building will be used for senior housing within the meaning of the federal housing for older persons act of 1995, as amended from time to time and within the meaning of Minnesota statute section 363A.21, as amended from time to time.
7. Shall be allowed on a private treatment system and does not require the extension and connection to city sewer and water. If city services become available, the building must connect to city sewer per standards found in this code.
8. All buildings, parking areas, roadways must be on a site plan approved by the city per article J, "Site Plan Review", of this chapter and meet performance standards of this code.
D. The natural area conservation easement shall be permanent and cannot be terminated or removed without city consent. (Ord. 1271, 10-28-2013)
10-15-36: GARAGE CONDOS:
Garage condos in all districts, where permitted, shall be subject to the following performance standards:
A. A fence or wall of acceptable design, not over seven feet (7') in height or less than five feet (5'), shall be constructed along the property line when said use abuts property residentially used or in an R district, and said fence shall be adequately maintained. Application of this subsection shall not require a fence within the required front yard.
B. No outdoor storage of vehicles for a period longer than twenty-four (24) hours shall be permitted.
C. The individual units shall not be used for business purposes.
D. The individual units shall not be used for residential living quarters. (Ord. 1425, 3-28-2022)
10-15-37: SHIPPING CONTAINERS AS AN ACCESSORY USE:
Shipping containers are allowed as an accessory use in the B-3, zoning district subject to the following performance standards:
A. A limit of one shipping container shall be allowed per lot.
B. The maximum dimensions of the shipping container shall not exceed twenty feet (20') in length by eight feet (8') in width by eight feet (8') in height.
C. Property owners may be required to obtain a building permit from the city prior to placing or moving the shipping container onto the property. The Building Official shall determine what permits may be needed based on the use of the container.
D. The shipping container shall be placed on a hard surface such as concrete, asphalt or a gravel pad.
E. A shipping container located within the floodplain shall comply with all floodplain requirements.
F. The placement of the shipping container shall comply with all applicable building setbacks for the zoning district in which it is located and all other applicable zoning ordinance requirements, except as modified herein.
G. A shipping container shall not be used as a dwelling unit.
H. A shipping container shall not be used primarily for storage purposes.
I. Notwithstanding two provisions Section 10-15-17, shipping containers are allowed to retain their vertical ribbed metal siding but must be painted a color that is compatible with the primary structure on the lot or aesthetically appropriate to the intended use and in compliance with signage regulations.
J. The shipping container shall be structurally sound, operated in a safe manner and maintained in good repair.
(Ord. 1470, 1-22-2024)
10-15-38: CANNABIS, MEDICAL CANNABIS AND LOWER POTENCY EDIBLE HEMP:
Where permitted, or allowed as a conditional use, cannabis businesses, hemp businesses, or medical cannabis businesses shall be subject to the following performance standards.
A. General Performance Standards:
1. Cannabis Businesses shall comply with all state laws, regulations and licensing requirements and must provide evidence of a state license under Minnesota Statute Chapter 342.
2. Cannabis Retailers must be registered in accordance with City Code Title 4, Chapter 4, Cannabis and Hemp Business Regulations.
B. Commercial District Performance Standards.
1. Commercial Districts shall be defined as B-1, B-2, B-3 and B-4.
2. Cannabis Businesses permitted in Commercial Districts shall follow regulations and registration requirements as stated in City Code Section Title 4, Chapter 4, Cannabis and Hemp Business Regulations.
3. Cannabis Delivery Services are permitted as an Accessory Use to licensed and registered Cannabis Retailers and Lower-Potency Hemp (Edible) Retailers located in Commercial Districts.
C. Industrial District Performance Standards.
1. Industrial Districts shall be defined as I-1, I-2 and IOP.
2. Cannabis Businesses shall be conducted entirely within a principal structure.
3. Retail: The sale of cannabis and hemp products may only occur for Microbusinesses and Mezzobusinesses with retail endorsements and with the cultivation of cannabis or hemp and/or manufacturing of cannabis or hemp products on the same premise.
4. On-Site Consumption: Consumption of edible cannabis products and lower-potency hemp edibles is prohibited, except at a Cannabis Microbusiness with an on-site consumption endorsement.
5. Cultivation: The planting, growing, harvesting and other processing techniques associated with the cultivation of cannabis and/or hemp plants or flowers may only occur within an enclosed building.
6. Outdoor Storage: Outside storage of any raw and/or finished product and/or materials associated with cannabis and hemp production is prohibited.
7. On-Site Storage: The storage of raw and finished cannabis and/or hemp products shall be prohibited for Cannabis Delivery Services and Cannabis Transporters.
8. Waste and Recycling: All waste and recycling materials and containers shall be kept within the principal structure or accessory structure, if permitted, and according to City Code Section 10-15-13.
9. Nuisances: Cannabis Businesses shall comply with general Performance Standards to maintain sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting the business according to City Code Title 10, Chapter 15.
10. Screening: Cannabis cultivations shall not be observable from the exterior of the building in which cultivation occurs. Screening shall comply with zoning requirements according to City Code Section 10-15-9.
11. Vehicles:
a. All vehicles used for transporting raw materials and/or finished product, and stored on-site, shall be parked in an enclosed and secure fenced parking area at any time that cannabis or hemp products are located within the vehicle.
b. No raw materials and/or finished products may be stored in vehicles or trailers parked externally on the site.
c. No non-business-related vehicles shall be stored on the site.
e. Fencing of off-street parking and loading and unloading areas shall comply with zoning requirements according to City Code Section 10-15-12.
12. Security:
a. Burglary alarm systems with audible and police notification components that are professionally monitored and maintained in good working condition shall be installed on all doors, windows, and access points.
b. Surveillance cameras shall be installed and operated twenty-four (24) hours a day, seven (7) days a week, with thirty (30) day video storage, to monitor all entrances and trash receptacles, along with the interior and exterior of the premises shall be required.
c. Exterior lighting shall be constantly on or activated by motion detectors; lighting shall be sufficient for external observation and security camera recordings.
d. Deadbolt locks shall be installed and utilized on all exterior doors and locks shall be installed on all other windows or access points.
e. Additional security requirements including, but not limited to: security guards, steel doors, and steel window coverings may be required by the City.
13. Conditional Uses: If a Conditional Use, the City may establish additional conditions of approval on Cannabis Businesses beyond the minimum Performance Standards. (Ord. 1491, 12-9-2024)
ARTICLE B. TOWNHOUSES
(Rep. by Ord. 1482, 8-12-2024)
ARTICLE C. APARTMENTS; MULTIPLE DWELLINGS; CONDOMINIUMS; COOPERATIVES
(Rep. by Ord. 1482, 8-12-2024)
10-15A-1: PURPOSE; SITE PLAN REQUIRED:
Regulation of off street parking and loading spaces in this article is to alleviate or prevent congestion of the public right of way and so to promote the safety and general welfare of the public by establishing minimum requirements for off street parking, loading and unloading from motor vehicles in accordance with the utilization of various parcels of land and structures. All applications for a building permit in all districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off street parking and loading spaces in compliance with the requirements of this article. (Ord. 1098, 11-8-2004)
10-15A-2: REDUCTION OF EXISTING PARKING AND LOADING SPACES:
Off street parking spaces and loading spaces shall not be reduced in number unless said number equals or exceeds the requirements set forth in this article. (Ord. 1098, 11-8-2004)
10-15A-3: OFF STREET PARKING REGULATIONS:
A. Application And Interpretation Of Provisions:
1. Application: The regulations and requirements set forth in this article shall apply to the required and nonrequired off street parking facilities in all use districts.
2. Floor Area:
a. The term “floor area”, for the purpose of calculating the number of off street parking spaces, shall be the net usable floor area of the various floors devoted to retail sales, services, office spaces, processing and fabrication, exclusive of hallways, utility space, and storage areas other than warehousing.
b. Floor area is based on ninety percent (90%) of gross floor area, or actual usable area, as defined in subsection A2a of this section.
3. Standard Restaurant: A “standard restaurant” shall be considered an eating establishment where food is served and consumed by a customer while seated at a counter or table.
4. Benches In Places Of Public Assembly: In stadiums, churches and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty two inches (22") of such seating facility shall be counted as one seat for the purpose of determining required parking. (Ord. 1098, 11-8-2004)
B. Location: Required off street parking in the E and R districts shall be on the same lot as the principal building. Required off street parking in all districts shall meet the following setback requirements:
1. Within all E and R districts, all vehicles and recreational vehicles normally owned or kept by the occupants on the premises must have a garage stall or open parking space on the same lot as the principal use served. Subject to the restrictions and prohibitions contained in this section, open parking spaces accessory to one- and two-family structures may be located anywhere on the lot containing the principal structure provided however, parking may not be located in a rear yard within five feet (5') of an interior side lot line or within eight feet (8') of rear lot line.
2. Within all R-1A, R-1B, R-1C and R-2 districts, parking of a vehicle and/or recreational vehicle on grass or unpaved areas in the front yard is prohibited.
a. For the purposes of this section only, front yard means the area located between:
(1) The curb or edge of street pavement and
(2) A line coincidental with the front line of the house or garage (whichever is farthest from the street) continued and extended to the side lot lines.
b. Within all R-1A, R-1B, R-1C and R-2 districts, parking of vehicles excluding recreational vehicles in the front yard is allowed only on a driveway, or parking pad that is directly contiguous to the driveway. A parking pad shall be constructed of bitumen, concrete or paving blocks and shall conform to maximum impervious surface standards. All parking spaces shall maintain a minimum five foot (5') side yard setback.
c. Subject to the restrictions and prohibitions contained in this subsection, within all R-1A, R-1B, R-1C and R-2 districts, parking of recreational vehicles in the front yard is allowed only on a driveway, or parking pad that is directly contiguous to the driveway and that is on the side of the recreational vehicle parking line that is farther from the front door of the house than the other side of the recreational vehicle parking line. No more than two (2) recreational vehicles shall be allowed in the front yard in the R-1C district. A parking pad shall be constructed of bitumen, concrete or paving blocks and shall conform to maximum impervious surface standards. All parking spaces shall maintain a minimum five foot (5') side yard setback.
d. The following exception shall apply:
(1) Parking of automobiles may be allowed on grass in the front yard only during the winter parking ban period from November 1 through March 30. (Ord. 1315, 5-23-2016, eff. 5-23-2016)
C. Use Of Parking Facilities:
1. No motor vehicle bearing a commercial license and no commercially licensed trailer shall be parked or stored in a residential district except when loading, unloading or rendering a service, except that one vehicle not over one ton capacity may be parked at the residence of the owner or operator of said vehicle.
2. Under no circumstances shall parking facilities accessory to residential structures be used for open air storage of commercial vehicles.
3. Required off street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles that are inoperable, for lease, rent or sale.
D. Joint Parking Facilities: Required parking facilities serving two (2) or more uses may be located on the same lot or in the same structure except in R and E districts, provided that the total number of parking spaces so furnished shall be not less than the sum total of the separate requirements for each use during any peak hour parking period when the parking facility is utilized at the same time by two (2) or more uses. Conditions required for joint use are:
1. The proposed joint parking space is within four hundred feet (400') of the use it will serve;
2. The applicant(s) shall show that there is no substantial conflict in the principal operating hours of the two (2) or more buildings or uses for which joint use of off street parking facilities is proposed; and
3. A properly drawn legal instrument approved by the city attorney, executed by the parties concerned for joint use of off street parking facilities, shall be filed with the clerk. Said instrument may be a three (3) or more party agreement including the city.
E. Land Banking Of Parking Spaces: Parking spaces intended for future building expansion or anticipated needs may be required by the city for land banking. Areas to be land banked should be designed to integrate with existing parking area for space and aisle design, access points, landscaping provisions, and necessary stormwater control. The approved site plan shall designate land banked parking areas and shall not be used for computing required open space standards.
F. Off Site Control Of Parking Facilities: When required accessory off street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off street parking shall be filed with the city so as to maintain the required number of off street parking spaces during the existence of said principal use. No such parking facility, at its closest point, shall be located more than one hundred feet (100') from the property nor more than four hundred feet (400') from the principal use or building served.
G. Design And Maintenance Requirements:
1. Parking Space And Aisle Size And Related Setbacks:
a. Parking spaces shall be designed, constructed and maintained with the following dimensions: (Ord. 1098, 11-8-2004)
Dimension | 0 Degrees | 45 Degrees | 60 Degrees | 75 Degrees | 90 Degre es |
Stall width parallel to aisle1 | 9.0 | 12.7 | 10.4 | 9.3 | 9.0 |
Stall length of line | 23.0 | 25.0 | 22.0 | 20.0 | 18 |
Stall depth | na | 17.5 | 19.0 | 19.5 | 18 |
Aisle width between stall lines | 13.0 | 12.0 | 16.0 | 23.0 | 24.0 |
Note:
1. Required handicap stalls and ramps shall be per state code.
b. Parking and related facilities shall have the following minimum setbacks:
Front yard setback of parking to lot line | R-3 and MF-PUD districts | 10 |
B-1 districts | 30 | |
B-2, B-3, B-4, MU-PUD, COMM-PUD, and P districts | 10 | |
OP and OFFICE-PUD districts | 30 | |
Industrial districts | 10, 20 feet when opposite R or E districts or uses | |
Side and rear yard setback of parking to lot line | R-3 and MF-PUD districts | 10 |
B-1 districts | 5 side, 8 rear | |
B-2, B-3, B-4, MU-PUD, COMM-PUD and P districts | 5, 10 feet when abutting E or R uses or districts | |
I-1 districts | 5, 10 feet when abutting E or R uses or districts | |
I-2 districts | 5, 20 feet when abutting E or R uses or districts | |
Front lot line to drive (landscape area) | R-3 and MF-PUD districts | 10 |
B-1 districts | 30 | |
B-2, B-3, B-4, MU-PUD, COMM-PUD and P districts | 10 | |
OP and OFFICE-PUD districts | 30 | |
Industrial districts | 10 | |
Side and rear lot line to drive lane(s) and parking area(s) A | R-3 and MF-PUD districts | 10 |
B-1 districts | 5 side, 8 rear | |
B-2, B-3, B-4, MU-PUD, COMM-PUD and P districts | 5, 10 feet when abutting E or R uses or districts | |
Industrial districts | 5, 10 feet when abutting E or R uses or districts | |
Parking lot or drive aisle setback to principal structure | Non-residential districts | 5 |
R-3 and MF-PUD districts | 10 | |
Note:
A. Joint or combined parking facilities on separate lots, as authorized and when constructed adjacent to a common lot line separating 2 or more parking areas, are not required to observe the parking area setback from such common lot line.
2. Calculating Space: When the determination of the number of required off street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space.
3. Access: Parking areas shall be designed so as to provide access to a public alley or street. All off street parking spaces shall have access off driveways and not directly off a public street. Design criteria shall be as approved by the city engineer.
4. Surfacing: All of the area intended to be utilized for a parking space and driveways shall be hard surfaced with bitumin or concrete. This requirement also applies to open sale lots.
5. Curbing: All open off street parking areas designed to have head-in parking along any lot line shall provide a tire bumper or curb (as found necessary by the city engineer) of adequate height and properly located to ensure that no part of any car will project beyond the required setbacks as established in this article, and to ensure proper storm water management.
6. Lighting: If lighting is provided, it shall be accomplished in such a manner as to have no direct source of light visible from the public right of way or adjacent land as provided in this article.
H. Signs: Signs located in any parking area necessary for orderly operation of traffic movement shall be in addition to accessory signs permitted in this article.
I. Sale Or Separation Of Parking Areas: Property that constitutes required off street parking area may not be separated, through sale or other means, from the property containing the principal use for which the parking area is required.
J. Minimum Number Of Required Parking Spaces: The minimum number of required parking spaces for allowed uses in the city shall be as established in the following table. When a use is not specifically listed in the table, the required number of parking spaces shall be established by the most similar use listed in the table, as determined by the city. (Ord. 1098, 11-8-2004)
Principal Use Or Structure Served | Required Number Of Parking Spaces (Open Or Enclosed) |
Principal Use Or Structure Served | Required Number Of Parking Spaces (Open Or Enclosed) |
Residential | |
Single-family detached or Single-family attached | 2 spaces per dwelling unit |
Multiple family structure | Two spaces per dwelling unit, one of which must be enclosed garage parking. |
A driveway leading to a garage for an individual townhome may be counted as a parking space, provided the driveway is at least nine feet by twenty feet (9'x20') in size. | |
Guest parking shall be provided within the overall multiple-family development at one (1) stall per six (6) units and must be available for use by all multiple-family dwelling units. | |
Daycare nursery | 1 space for each employee, plus 1 off street loading space for each 6 students |
Nursing homes, rest homes, homes for the aged and for children | 1 space for each 6 beds, plus 1 for each employee on the largest shift |
Housing developments for the elderly | 11/2 spaces per dwelling unit |
Elderly assisted living facility | 1/2 space per unit, plus 1 space for each employee on peak shift |
Institutional | |
Elementary - junior high schools | 1 space for each employee, plus 1 space per 2 classrooms |
Senior high schools | 1 space for every 5 students based on design capacity, plus 1 space per employee |
Colleges | 1 space for every 2 students, plus 1 space per employee |
Churches, auditoriums, stadiums, arenas, mortuaries | 1 space for each 31/2 seats based on the design capacity |
Community center, post office, YMCA, YWCA, health club, library, private club, museum | 10 spaces, plus 1 space for each 300 square feet of floor area in excess of 2,000 square feet of floor area in the principal structure |
Hospitals | 1 space for each 3 beds, plus 1 space for each employee on the largest shift |
Golf courses, country clubs | 4 spaces per green, plus 1 space per employee on the largest shift, plus 50 percent of the required spaces for accessory uses (driving range, bars, restaurants, tennis courts, etc.) |
Commercial/Industrial | |
Auto repair (major), bus terminals, boat and marine sales, bottling companies, garden supply stores, building material sales, shop for trade employing 6 people or less | 8 spaces, plus 1 space for each 800 feet of floor area over 1,000 square feet |
Banks, financial institutions | 1 space for each 250 square feet, plus 6 stacking spaces for each drive-up window |
Bowling alley | 6 spaces for each alley |
Car wash, automatic or self-service | 5 stacking spaces for each washing lane, plus 1 space for each employee |
Convenience store with gas sales | 1 space per fuel nozzle |
Furniture store, appliance store, auto sales, warehouse under 15,000 square feet | 1 space for each 500 square feet |
Golf driving range and minigolf | 1 space per tee/hole, plus 1 space per employee on the largest work shift |
Hotel or motel | 1 space per room, plus 1 space per employee on the largest shift, plus 1 space for 3 persons of design capacity of each public meeting and/or banquet room, plus 50 percent of the spaces otherwise required for accessory uses (e.g., restaurants and bars) |
Marinas | 11/2 spaces per berth, plus 1 space per employee on largest shift |
Medical clinics and complexes | 11/2 spaces per examining room, plus 1 space per employee on largest shift |
Manufacturing, fabrication or processing of a product or material | At least 4 spaces, plus 1 additional space for each 800 square feet; 1 additional space shall be provided for each 2,500 square feet or fraction thereof of land devoted to outside storage |
Motor service station | 3 spaces, plus 2 spaces for each service bay |
Movie theaters | 1 space for each 4 seats of design capacity |
Office building and professional offices | 1 space for each 200 square feet |
Restaurants, cafes, bars, nightclubs, dance halls | 1 space for each 3 seats based on design capacity |
Restaurants (fast food) | 1 space for each 2 seats of design capacity |
Retail stores | |
Less than 10,000 square feet | 1 space for each 150 square feet |
10,000 square feet and above | 1 space for each 200 square feet |
Shopping centers in a B-4 zoning district | |
Less than 400,000 square feet | 1 space for each 250 square feet |
400,000 to 600,000 square feet | 1 space for each 225 square feet |
More than 600,000 square feet | 1 space for each 200 square feet |
Skating rinks, public auction house | 15 spaces, plus 1 space for each 200 square feet of floor area over 2,000 square feet |
Tennis, racquetball, handball courts | 6 spaces per court, plus 50 percent of the required spaces for accessory use |
Warehouse over 15,000 square feet | 1 space for each 2,000 square feet |
Uses not covered by this schedule | Spaces as required for the most similar limited use, or as determined by the council |
(Ord. 1098, 11-8-2004; amd. 2008 Code; Ord. 1482, 8-12-2024)
10-15A-4: OFF STREET LOADING AND UNLOADING REGULATIONS:
A. Application And Interpretation: The regulations and requirements set forth in this section shall apply to the required and nonrequired loading and unloading facilities in all the districts. In the application of the requirements of this section, a fractional number of one-half (1/2) or more shall constitute another space.
B. Size: Berths required shall be not less than twelve feet (12') in width and twenty five feet (25') in length. All loading berths shall permit a height of fourteen feet (14') or more.
C. Access: Each loading berth shall be located with appropriate means to access a public street or alley in a manner which will least interfere with traffic.
D. Location: All loading berths shall be twenty five feet (25') or more from the intersection of two (2) street right of way lines. Loading berths shall not occupy any yard requirement bordering a street.
E. Surfacing: All loading berths and accessways shall be improved with a durable material.
F. Use Of Loading Berths: Required loading berths or access drives shall not be used for the storage of goods or inoperable vehicles nor be included as a part of the area necessary to meet the off street parking area.
G. Number Of Required Loading Berths:
Use | Number Of Required Loading Berths |
Auditoriums, convention halls, public buildings, hospitals, schools, hotels, sports arenas | 1 loading berth 25 feet in length for each building having 1,000 to 10,000 square feet of floor area, 1 additional loading berth 50 feet in length for each building having in excess of 10,000 square feet of floor space |
Retail sales and service stores, offices | At least 1 loading berth 25 feet in length for each building having 6,000 square feet of floor area or more, plus 1 additional loading berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet |
Manufacturing, fabrication, processing and warehousing | At least 1 loading berth 25 feet in length for each building having 3,000 square feet or fraction thereof, plus 1 loading berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet, plus 1 loading berth for each 50,000 square feet of floor area over the first 100,000 square feet of floor area. The operator of the business shall have the option to declare the length of the berths required for buildings above 100,000 square feet of floor area; except, that 1/2 or more of the total number of berths required shall be 50 feet in length |
There shall be provided adequate off street loading space in connection with any structure which requires receipt or distribution of materials by vehicles. | |
(Ord. 1098, 11-8-2004)
10-15D-1: PURPOSE AND INTENT:
The purpose of this article is to provide for minimal tree loss and mitigation of tree removal in wooded areas of the city. Tree cover is beneficial in terms of aesthetics, screening, cooling, wildlife habitat, watershed control, air quality enhancements, erosion control and preservation and enhancements of property values. Land alteration that causes large scale destruction of trees diminishes and impairs the public health, safety and general welfare. The intention of this article is to provide regulations relating to the cutting or removal of trees in areas where the natural vegetation or topography are to be significantly altered. (Ord. 1147, 5-14-2007)
10-15D-2: WOODLAND PROTECTION STANDARDS:
No land alteration within a woodland shall occur until the city finds that the land alteration complies with the following:
A. Maximum Possible Preservation: The land alteration shall be conducted so that the maximum amount of woodland is preserved by the clustering of structures wherever possible, or by the use of other innovative design techniques where appropriate. Measures shall be taken to protect and preserve the preservation area as described in the city's "Guidelines For Preventing Construction Damage".
B. Protection Of Root Zones: Grading, contouring, paving, and any excavation or trenching, as well as parking of vehicles, material storage, dirt stockpiling and other similar activities, shall not occur within or detrimentally affect the aeration or permeability of the root zone in the preservation area. The "root zone" shall be understood to mean the area within a radius surrounding the tree trunk of one foot (1') per one inch (1") of tree diameter.
C. Data Submission: The applicant shall submit data at the time of preliminary plat submission to the city that outlines conformance to this article. The data shall include:
1. Inventory of all significant and heritage trees by species, diameter and condition.
2. Proposed building pad location for each lot including custom graded lots.
3. Identification of significant and heritage trees to be preserved.
4. Identification of significant and heritage trees to be removed, including those to be removed in the future for a proposed building pad by a developer or builder.
5. Identification of all significant and heritage trees within the thirty foot (30') grading limit.
D. Removal Thresholds:
1. Although the applicant must retain the maximum amount of woodland possible, the city recognizes that a certain amount of significant trees and tree cover removal is an inevitable consequence of the urban development process.
2. Therefore, in the following zoning districts listed in column I, a percentage of the woodland may be removed without any obligation for reforestation, but only up to and including the threshold percentage of woodland listed in column II. If the land alteration results in woodland removal that is less than the percentage thresholds of column II, then the applicant shall be given, for each percent under the thresholds, a credit of one percent (1%), up to a maximum of ten percent (10%), toward the total park dedication or park contribution requirement of sections 11-4-5 and 11-4-6 of this code. If the land alteration results in woodland removal that exceeds the percentage listed in column II, then the applicant shall be responsible for reforestation in accordance with the standards of this article.
Column I Zoning District | Column II Threshold |
A | 25 percent |
E-1 and E-2 | 25 percent |
R-1A, R-1B, R-1C and R-2 | 30 percent |
R-3A, R-3B, R-3C and R-3D | 40 percent |
B-1, B-2 and P | 50 percent |
B-3, B-4, I-1 and I-2 | 60 percent |
E. Reforestation:
1. If the land alteration results in woodland removal beyond the woodland removal threshold, the applicant shall be required to submit a reforestation plan. The reforestation plan must be submitted prior to final plat approval. The reforestation plan shall include:
a. Location of proposed reforestation.
b. Species and size of proposed plantings.
c. Quantity of proposed plantings.
2. The reforestation plan shall comply with the following criteria:
a. Tree replacement will be predicated on total number of diameter inches of significant and heritage trees removed beyond the threshold limits outlined in subsection D of this section.
b. Actual replacement quantities shall be adjusted based on the type of woodland removed in accordance with the following guidelines:
(1) Class A, fast growing deciduous species, predominantly aspen, Siberian elm, American elm, silver maple, red maple, willow: fifty percent (50%).
(2) Class B, conifer/mixed hardwoods, predominantly pine, spruce, cedar and mixed hardwoods consisting of the following species: oak, birch, sugar maple, black cherry, basswood, ironwood, walnut, ash, hackberry, locust: one hundred percent (100%).
(3) Class C, heritage tree: one hundred percent (100%). For each heritage tree saved, the developer may receive credit towards the required replacement trees. This credit will be at a rate of two (2) caliper inches for each one dbh inch saved. To receive this credit, the applicant must demonstrate that extraordinary measures have been taken to preserve the heritage trees that otherwise would not be saved.
c. Species replacement must meet site landscaping requirements (subsection 10-15-11A of this chapter). Consideration should be given to a replacement tree species' potential to disease, and emphasis on planting diversity should be encouraged.
d. Where heritage trees have been removed, replacement trees shall consist of the same species as the removed heritage tree, or a tree that has the same potential value as the removed heritage tree. This value shall be certified by a certified forester or arborist. For the purposes of this subsection E2d, "value" is defined as a species which has the same growth and life potential as the removed tree.
e. Required replacement trees shall be planted on the site being developed in areas such as yard setbacks and outlots. These trees shall be planted based on the frequency and density as determined by the city. Unless found otherwise, at least seventy five percent (75%), but in no case less than forty five percent (45%), of the required tree placement shall occur on the site being developed. Should the development not have sufficient room on the site to allow for all required reforestation, the balance may, at the city council's discretion, either be: 1) planted upon public property in locations approved by the city; or 2) a cash payment to the city in an amount equivalent to the cost of the plantings, said payment to be used by the city for future plantings on public property.
f. The reforestation plan shall be reviewed by the city planner and shall be considered by the city council as part of final plat approval.
g. The actual replacement quantities for woodlands located on commercial and industrial developments in tax increment financing districts may be reduced according to such factors as: the stated purposes for creation of the subject tax increment district, need for tax base generation in the tax increment district, and mandatory landscaping requirements as specified in the city's landscaping policy. The city administrator shall review each such proposal prior to final plat approval and make a recommendation to the city council on the actual percentage of replacement that will be required. At the time of final plat approval, the city council shall make a final decision regarding actual replacement quantities based upon the factors listed above. In no instance will the replacement rate be less than ten percent (10%) for class A species and twenty five percent (25%) for class B and C species, as defined in subsection E2b of this section.
F. Construction Damage To Significant Trees In Or Near Preservation Area: Significant and heritage trees which are within thirty feet (30') of the proposed grading limits shall be surveyed by the applicant. Any significant or heritage tree that the applicant commits to preserve that is subsequently damaged, during or as a result of construction, shall be replaced by the applicant on a one for one diameter inch basis.
G. Pruning Trees: Owners or developers pruning oak trees between April 15 and August 1 must apply an appropriate nontoxic wound sealant to any cut areas.
H. Landscape Security:
1. The applicant shall post with the city a landscape performance bond or cash deposit or letter of credit in an amount equal to one hundred twenty five percent (125%) of the cost of the plantings, plus installation, when the land alteration exceeds the woodland removal threshold limit. The bond shall ensure adherence to the requirements of this article.
2. The performance security shall remain in effect for at least one year after the date that the last replacement tree has been planted. The city may release the performance security at that time unless the city planner, upon inspection, finds that any of the replacement trees have died or are unhealthy, or if there was any encroachment upon the protective fencing surrounding any tree to be saved. The city may retain that portion of the performance security equal to the cost of removing dead or unhealthy trees and replanting replacement trees. If the applicant supplies proof of a nursery guarantee which is approved by the city planner, then the performance security posted by the applicant shall be released upon planting of the last guaranteed tree. The nursery guarantee shall remove liability from the applicant, and responsibility will be placed upon the nursery or current landowner. (Ord. 1147, 5-14-2007)
10-15D-3: REPLACEMENT TREES:
Replacement trees shall be planted no more than twelve (12) months after the date that land alteration has commenced. If the applicant is prevented from performing within this time limit because of unforeseeable reasons beyond the applicant's control, the city planner may extend the time for performance. The applicant shall inform the city planner when all replacement trees have been planted, at which time, the city planner shall inspect the site. (Ord. 1147, 5-14-2007)
10-15D-4: EDUCATION:
The city parks and recreation director shall develop an education program which shall be distributed to applicants and all general contractors prior to receiving a contractor's license from the city. The information shall include, but not be limited to, prevention of construction damage to trees, tree replacement, pruning, general tree protection techniques and tree disease information. (Ord. 1147, 5-14-2007)
10-15D-5: EXEMPTIONS:
A. All public improvement projects shall be exempt from the requirements of this article.
B. The requirements of this article shall not apply to the removal of trees seriously damaged by storm, other acts of nature, or disease. (Ord. 1147, 5-14-2007)
10-15E-1: PURPOSE:
The purpose of this article shall be to regulate the placement, erection and maintenance of signs in the city so as to promote the health, safety and general welfare of the residents of the city. (Ord. 1098, 11-8-2004)
10-15E-2: PERMIT AND COMPLIANCE REQUIRED:
A. Compliance With Provisions: It shall be unlawful for any person to erect, alter, relocate, lease, repaint, construct, maintain or use signs or billboards, or to cause others to do so, or to lease or rent lands for such purposes, within the city, except as herein specifically provided. (Ord. 1098, 11-8-2004)
B. Permit Required; Application And Fee: Each of the signs or billboards permitted by this article, except those provided for in section 10-15E-11 of this article, shall be constructed, used and maintained only upon completion and city approval of a written permit application therefor and upon payment of the annual permit fee herein provided. Each person signing said application shall be deemed a permittee for the purpose of this article. Application for permits for signs or billboards shall be submitted to the building official who shall grant the permit if the applicant complies with the provisions of this article. No permit for the construction of a dynamic display billboard or the conversion of any portion of a nondynamic display billboard to a dynamic display billboard shall be granted until the city council has approved an agreement with the permittee for the community and public service message display required in subsection 10-15E-6I4i of this article.
C. Revocation Of Permit: The building official is authorized and empowered to revoke any permit issued under this article upon failure of the holder thereof to comply with the provisions of this article or the provisions of any permit issued pursuant to this article. (Ord. 1228, 1-24-2011)
10-15E-3: SIGNS A PERMITTED ACCESSORY USE; REGULATIONS:
Signs, unless otherwise prohibited, are a permitted accessory use in all use districts subject to the following regulations:
A. Design Standards: Signs, billboards and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area, and shall be constructed in a good workmanlike manner so as to be a safe structure and shall be securely fastened so as not to be a hazard to persons or property.
B. Corner Lots; Calculation Of Sign Size: The narrowest frontage width on corner lots shall be used for the purpose of calculating total permissible aggregate square footage of all signage on the lot.
C. Advertising Benches1: Advertising benches at public transit stops shall be permitted in all zoning districts, subject to the approval of the director of public works and building official.
D. Beacons And Similar Devices: There shall be no use of revolving beacons, beamed lights, or similar devices that would so distract automobile or air traffic as to constitute a safety hazard.
E. Development Signs: For the purpose of selling or promoting a residential project of six (6) or more dwelling units, a business area of three (3) acres or more, or an industrial area of ten (10) acres or more, one sign, not to exceed two hundred forty feet (240') of advertising surface, may be erected upon the project site. Such sign shall not remain after ninety percent (90%) of the project is developed.
F. Flashing And Revolving Signs: Flashing and revolving signs shall not be permitted within the E, R and B-1 districts. There shall be no flashing or revolving sign in the front yard of any district or within one hundred twenty five feet (125') of a street intersection or of a residential use district.
G. Motor Fuel Station Signs: Each motor fuel station is allowed one freestanding sign. This sign shall comply with the regulations found in subsection 10-15-23G of this chapter.
H. Painted Signs: Signs shall not be painted directly on the outside wall of a building. Signs shall not be painted on a fence, rocks, or similar structure or feature in any district. Paper and similar signs shall not be attached directly to a building wall by an adhesive or similar means.
I. Real Estate Signs: For the purpose of selling, renting or leasing property, a sign, not in excess of sixty four (64) square feet per surface in multiple-family residential, business, and industrial districts, and twenty five (25) square feet in single- family residential, agricultural, and estate districts, may be placed within the front yard of such property to be sold or leased. Such signs shall not be less than ten feet (10') from the right of way unless flat against the structure.
J. Signs In Public Right Of Way: Private signs are prohibited within the public right of way or easements, except that the council may grant a temporary sign permit to locate signs and decorations on or within the right of way for a specified time not to exceed sixty (60) days.
K. Illumination Of Symbols, Statues Or Sculptures: Symbols, statues, sculptures and integrated architectural features on nonresidential buildings may be illuminated by floodlights, provided the direct source of light is not visible from the public right of way or adjacent to a residential district.
L. Traffic: No sign or other advertising structure shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision, or any location where, by reason of the sign's or structure's position, shape or color, it would interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. No sign or other advertising structure shall be effected or maintained which makes use of the word "STOP", "LOOK", "DRIVE-IN", or "DANGER", or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic. (Ord. 1098, 11-8-2004)
10-15E-4: TEMPORARY SIGNS:
A. Location of Signs:
1. On properties abutting city streets, temporary signs are not permitted within ten feet (10') of the back side of the curb, or in cases where there is no curb, within ten feet (10') of the outer edge of the road surface. On county roads or state highways, placement of signs must comply with applicable county ordinances or state statutes.
2. Signs may not be placed where they would obstruct the safe view of or from any driveway.
3. No sign may be located on the outside corner of any corner lot. The "outside corner" shall be defined as the area bounded by the back side of the curb or outer edge of road surface, in cases where there is no curb, and a line between two (2) points thirty feet (30') back in each direction from the lot corner along said curb line or outer edge of road surface.
B. Number and Size of Signs:
1. All properties in any zoning district may have up to four (4) temporary signs located on the property at any time.
2. Temporary signs permitted by this section shall be no larger than six (6) square feet.
C. Election Year Noncommercial Sign Exemption: As required by Minnesota Statutes, Section 211B.045, all noncommercial signs of any size may be posted in any number beginning forty-six (46) days before the state primary in a state general election year until ten (10) days following the state general election. Such signs are subject to the location restrictions in Section A above.
(Ord. 1098, 11-8-2004; amd. Ord. 1515, - -2025)
10-15E-5: TEMPORARY PORTABLE SIGNS:
Portable signs shall be allowed by permit only. The permit shall allow a single portable sign for a maximum duration of sixty (60) continuous calendar days. No more than one permit shall be in effect for any business at one time. During a calendar year, more than one permit may be issued to a business, provided that the total number of calendar days covered by the multiple permits does not exceed sixty (60) days in a calendar year. Each permit requires a separate permit fee. Portable signs shall conform to all other provisions of this title, except that such signs may be placed at a setback of not less than ten feet (10') from any property line.
(Ord. 1098, 11-8-2004; amd. Ord. 1515, - -2025)
10-15E-6: BILLBOARDS:
No billboards shall be permitted in any zoning district within the city except as follows:
A. Permitted Districts: Billboards shall be considered a permitted principal use within the B-3, B-4, I-1 and I-2 zoning districts along Trunk Highway 52/55 within sections 27 and 34, Twp. 27N, R22W within three hundred fifty feet (350') of the highway right of way centerline.
B. Distance Between Billboards: Billboards shall maintain a minimum spacing of one thousand five hundred feet (1,500') between signs on the same side of the highway and three hundred feet (300') between signs on the opposite side of the highway.
C. Size: Billboards shall not exceed six hundred seventy two (672) square feet in surface area per sign surface. Maximum allowable extensions shall not exceed ten percent (10%) of the total sign area.
D. Number Of Surfaces: Billboards shall not contain more than two (2) sign surfaces. Said sign surfaces shall face in opposite directions with an interior angle not to exceed forty five degrees (45°).
E. Height: Billboards shall not exceed forty feet (40') in height as measured from the established grade of the site upon which the billboard is located.
F. Location:
1. Billboards shall be set back a minimum of fifty feet (50') from the edge of the right of way and all property lines.
2. Billboards shall not be closer than five hundred feet (500') from a park, rest area or historic site, one thousand feet (1,000') from schools and churches, and three hundred feet (300') from the A, E or R zoning districts.
G. Site Restrictions: Billboards shall not be placed upon any property upon which a building already exists.
H. Removal: Billboards shall be removed prior to the city approving an administrative subdivision, waiver of plat, or final plat of property upon which the billboard is located, or prior to the city issuing a building permit for the construction of a building or building addition for property upon which the billboard is located. (Ord. 1098, 11-8-2004)
I. Dynamic Display Billboards:
1. Findings, Purpose And Intent: The city council finds it necessary for the promotion and preservation of the health, safety, welfare, and aesthetics of the community that the construction, location, size, conspicuity, brightness, legibility, operational characteristics and maintenance of dynamic display billboards be controlled. Dynamic display billboards have a direct and substantial impact on traffic safety, pedestrian safety, community aesthetics and property values. The city council recognizes that signs provide a guide to the physical environment and as such serve an important function in the community and economy. With respect to dynamic display billboards, including video display billboards, the city council finds that they are highly visible from long distances and at very wide viewing angles both day and night and are designed to catch the eye of persons in their vicinity and hold it for extended periods of time. If left uncontrolled, dynamic display billboards, including video display signs, constitute a serious traffic safety threat. Studies such as "'Dynamic' Signage: Research Related To Driver Distraction And Ordinance Recommendations" by SRF Consulting Group, Inc., June 7, 2007, reveal that electronic signs are highly distracting to drivers and that driver distraction continues to be a significant underlying cause of traffic accidents. The city council intends by this subsection to establish a legal framework for dynamic display billboard regulation in the city. The regulations promulgated in this subsection are intended to facilitate an easy and agreeable communication between people while protecting and promoting the public health, safety, welfare and aesthetics of the community. It is not the purpose or intent of this subsection to prefer or favor commercial messages or speech over noncommercial messages or speech or to discriminate between types of noncommercial speech or the viewpoints represented therein. Rather, the purpose of the dynamic display billboard regulations promulgated in this subsection is:
a. To eliminate potential hazards to motorists and pedestrians using the public streets, sidewalks, and rights of way;
b. To safeguard and enhance property values;
c. To control nuisances;
d. To preserve and improve the appearance of the city through adherence to aesthetic principles, in order to create a community that is attractive to residents and to nonresidents who come to live, visit, work, or trade;
e. To eliminate excessive and confusing sign displays;
f. To encourage signs which by their design are integrated with and harmonious to the surrounding environment and the buildings and sites they occupy; and
g. To promote the public health, safety, and general welfare.
2. Location Of Dynamic Display Billboards: Notwithstanding anything to the contrary contained within this code, dynamic display billboards may be located only within the billboard overlay district. Dynamic display billboards are prohibited in all zoning districts of the city other than the billboard overlay district. Dynamic display billboards located in the billboard overlay district must comply with all code requirements for permitted dynamic display billboards and for billboards per Section 10-15E-6 of the City Code.
3. Nonconforming Billboards: Notwithstanding anything to the contrary contained within this code, a legal nonconforming sign or billboard shall not be converted to a dynamic display billboard unless the legal nonconforming sign or billboard is located in the billboard overlay district. A legal nonconforming sign or billboard may be continued through repair, replacement, restoration, maintenance, or improvement but shall not be expanded, enlarged, intensified or moved to a new location. Replacement, reconstruction, or restoration means construction that exactly matches preexisting conditions. Expansion or intensification includes, but is not limited to, replacement of a static display with any type of dynamic display, including a display that consists of rotating, revolving, moving, flashing, blinking, or projecting items, or light bulbs, LED lights, fiber optics, or any other method of technology that allows the sign face to present a series of text, images, or displays. A legal nonconforming sign or billboard may be converted to a dynamic display billboard in the billboard overlay district subject to the requirements of the billboard overlay district performance standards.
4. Billboard Overlay District Performance Standards: The billboard overlay district is hereby established as a separate zoning district within the city. Within the billboard overlay district, dynamic display billboards are permitted subject to the following conditions:
a. No dynamic display billboard shall be erected that, by reason of position, shape, movement or color, interferes with the proper functioning of a traffic signal or which constitutes a traffic hazard.
b. Dynamic display billboards must have minimum display duration of eight (8) seconds. Such display shall contain static messages only; change from one static message to another shall be instantaneous without any special effects, through dissolve or fade transitions, or with the use of another subtle transition technique that does not have the appearance of moving text or images.
c. Dynamic display billboards must be rectangular in shape and all messages must be contained within the billboard frame.
d. All dynamic display billboards shall have ambient light monitors installed as part of the billboard and shall, at all times, allow such monitors to automatically adjust the brightness level of the electronic sign based on light conditions.
e. Dynamic display billboards shall meet the following brightness standards:
(1) No dynamic display may be brighter than is necessary for clear and adequate visibility, and shall not exceed seven thousand five hundred (7,500) nits (candelas per square meter) between the hours of civil sunrise and civil sunset and shall not exceed five hundred (500) nits (candelas per square meter) between the hours of civil sunset and civil sunrise as measured from the face of the sign.
(2) The lamp wattage and luminance level in nits (candelas per square meter) shall be provided at the time of permit application from the owner or operator of the sign certifying that the sign shall at all times be operated in accordance with all relevant provisions of this code and that the owner or operator shall provide written proof of such conformity within five (5) business days after request from city staff.
f. Dynamic display billboards shall have a fully functional monitoring off switch system that automatically shuts the dynamic display billboard off when the display deteriorates, in any fashion, five percent (5%) or greater until the dynamic display sign has been repaired to its fully functional factory specifications.
g. Dynamic display billboards shall maintain a minimum spacing of eight hundred feet (800') between any other dynamic display electronic billboard on the same side of the highway and five hundred feet (500') between signs on the opposite side of the highway.
h. Dynamic display billboards must be part of the state of Minnesota's public safety alert system.
i. Applicants for a dynamic display billboard permit shall enter into an agreement with the city to provide the city no less than five (5) hours (provided in two thousand two hundred fifty 8-second spots) per month per dynamic display billboard face in the city for community and public service messages at such times as shall be determined by the city. This agreement must be approved by the city council before a permit for the construction or conversion of a dynamic display billboard may be issued by the building official.
5. Rezoning Of Property: The city has rezoned certain property within the city to the billboard overlay district by ordinance 1229 and by ordinance. The area rezoned to the billboard overlay district is the only appropriate area in the city for dynamic display billboards. Supreme court decisions and results from numerous safety studies have indicated that cities may restrict dynamic display billboards to limited geographic areas.
The property located within the city of Inver Grove Heights which has been rezoned and is hereby rezoned to be located in the dynamic display billboard overlay district is as follows: All of sections 27 and 34, Township 27N, Range 22W, and the north half of Section 33, Township 28N, Range 22W, lying north of l-494 between Hwy 52 and Blaine Avenue, Dakota County, Minnesota. (Ord. 1228, 1-24-2011; amd. Ord. 1379, 3-9-2020)
10-15E-7: SIGNS IN A, E AND R DISTRICTS:
Within the A, E and R districts, the following signs are permitted:
A. One nameplate sign for each dwelling which shall not exceed two (2) square feet in area per surface and shall not have more than two (2) surfaces.
B. One nameplate sign for each dwelling group of six (6) or more units which shall not exceed six (6) square feet in area per surface, and no sign shall have more than two (2) surfaces.
C. One nameplate sign for each permitted use or use by conditional permit other than residential, and such sign shall not exceed twelve (12) square feet in area per surface.
D. One business sign up to sixty four (64) square feet in area per surface shall be permitted for a stand for the sale of agricultural products in the A zoning district. In addition, up to two (2) off site directional signs may be allowed for a stand for agricultural products if deemed necessary by the city council for traffic safety reasons. The directional signs shall be located outside of the public right of way and shall be set back at least 10 feet from all property lines. The directional signs shall only be permitted during the season when the stand is open for business and shall be of a size as determined by the City Council.
E. In the R-3A, R-3B and R-3C zoning districts, one development identification sign shall be permitted per entrance from a public street to said development, provided that the development consists of a minimum of one principal structure containing no fewer than three (3) dwelling units. Identification signs permitted herein shall not exceed thirty two (32) square feet in surface area and shall be set back at least 10 feet from all property lines.
F. Within the A and E districts, commercial greenhouses and nurseries are listed as permitted uses. Signage for these uses shall conform to the provisions for B-3 districts.
G. In the R-1 and R-2 zoning districts, one development identification sign shall be permitted per entrance from a public street to said development, provided that the development consists of a minimum of twenty five (25) dwelling units. Identification signs permitted herein shall not exceed thirty two (32) square feet in surface area and shall be set back at least 10 feet from all property lines. No portable sign may be located in the outside corner of a corner lot.
H. Within A, E and R Districts, Temporary Signs as permitted by Section 10-15E-4.
(Ord. 1098, 11-8-2004; amd. Ord. 1515, - -2025)
10-15E-8: SIGNS IN B, I AND P DISTRICTS:
Within the B, I and P districts, nameplate signs and business signs are permitted subject to the following regulations:
A. Within the B-1 district, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot per front foot of building, plus one square foot for each front foot of lot not occupied by a building. No individual sign surface shall exceed fifty (50) square feet in a B-1 district.
B. Within the B-2 district, the aggregate square footage of sign space per lot shall not exceed the sum of two (2) square feet per front foot of building, plus one square foot for each front foot of lot not occupied by such building, which fronts on a public right of way fifty feet (50') or more in width. No individual sign surface shall exceed one hundred (100) square feet. (Ord. 1098, 11-8-2004)
C. Within the B-3 district, the aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building, plus one square foot per front foot of lot not occupied by a building. No individual sign surface shall exceed one hundred (100) square feet except billboards, and the sign surface of one wall sign on a building with at least fifty thousand (50,000) square feet of gross floor area may be as large as three hundred fifty (350) square feet. All wall signs greater than one hundred (100) square feet must be entirely static.
D. Within the B-4 district, the aggregate square footage of sign space per lot shall not exceed the sum of two and one-half (21/2) square feet for each front foot of lot which fronts on a public right of way fifty feet (50') or more in width. No individual sign surface shall exceed two hundred forty (240) square feet in area, nor shall two (2) or more signs be so arranged and integrated as to cause an advertising or display surface over two hundred forty (240) square feet, except the sign surface of one wall sign on a building with at least fifty thousand (50,000) square feet of gross floor area may be as large as three hundred fifty (350) square feet. All wall signs greater than one hundred (100) square feet must be entirely static. (Ord. 1175, 5-27-2008)
E. Within the P district, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot per front foot of building, plus one square foot for each front foot of lot not occupied by a building. No individual sign surface shall exceed seventy five (75) square feet in a P district. (Ord. 1098, 11-8-2004)
F. Within any I district, the aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building, plus one square foot per front foot of property not occupied by a building. No individual sign surface shall exceed one hundred (100) square feet, except for the following:
1. Billboards.
2. For lots zoned I-1 and I-2, the sign surface of one wall sign on a building with at least fifty thousand (50,000) square feet of gross floor area may be as large as three hundred fifty (350) square feet. All wall signs greater than one hundred (100) square feet must be entirely static. (Ord. 1175, 5-27-2008)
G. Within all B, I and P zoning districts, the maximum sign height for a property shall not exceed the height of the principal structure on the property by more than ten feet (10') except billboards.
H. Within all B, I and P zoning districts, the aggregate square footage of wall mounted signs shall not exceed ten percent (10%) of the surface area of the face of the building upon which the signs are to be mounted. Excluded from this restriction shall be signs for the purposes of regulating traffic movement, identifying loading areas, and similar signs.
I. In all B, I and P zoning districts, freestanding signs shall be placed at a minimum setback of ten feet (10') from any property line. Signs exceeding one hundred (100) square feet of individual sign surface (per side) shall be set back a minimum of twenty feet (20') from any property line.
J. Within the B-3, I-1 and I-2 zoning districts, pedestal signs shall be permitted adjacent to the front property line at a rate of one such sign per lot, with an additional pedestal sign being permitted for each two hundred (200) linear feet of lot frontage in excess of two hundred feet (200'). Pedestal signs shall not be spaced closer than two hundred feet (200') apart. (Ord. 1098, 11-8-2004)
10-15E-9: REMOVAL OF SIGNS:
A. Dangerous, Illegal Signs:
1. If the building official shall find that any sign or other advertising structure regulated herein is unsafe or insecure, or constitutes a danger to the public, or has been constructed or erected or is being maintained in violation of the provisions of this article, the building official shall give written notice to the permittee thereof.
2. If the permittee fails to remove or alter the structure so as to comply with the standards required by this article and indicated by the building official within ten (10) days after such notice, such sign or billboard or advertising may be removed or altered to comply with said standards by the building official at the expense of the permittee or owner of the property upon which it is located.
3. The building official shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The building official may cause any sign or other advertising structure or billboard which is an immediate peril to persons or property to be removed summarily and without notice. All costs incurred in removing such signs or other advertising structure or billboard shall be paid by the permittee, or in case no permit has been issued, by the owner of said sign or structure or the owner of the premises upon which said sign or structure is located.
B. Obsolete Signs: Any sign or billboard now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the property owner, agent or person having the beneficial use of the property or building upon which the sign or billboard may be found within ten (10) days after written notification from the building official. Upon failure to comply with such notice within the time specified in such order, the building official may cause the removal of such sign or billboard, and any expense incident thereto shall be paid by the owner of the property or structure to which the sign is attached.
C. Removal Due To Inadequate Maintenance: Any sign which no longer is adequately maintained in a safe, secure, and attractive manner shall be removed by the property owner. Peeling paint on the sign structure or the sign face itself, fading colors on the sign face, broken plastic on the sign, and burned out lights shall be evidence of signs which are not maintained in an attractive manner.
D. Removal Due To Discontinuance: Whenever a use is discontinued for a period of more than twelve (12) consecutive months, signs associated with that use shall conform to the following requirements:
1. Wall signs (individual letters): Shall be removed;
2. Wall signs (cabinet): A blank face shall be inserted in the cabinet;
3. Freestanding signs: The sign area shall be totally covered. (Ord. 1337, 5-22-2017)
10-15E-10: NONCONFORMING SIGNS:
Any sign or billboard that has become a lawful nonconformity shall be subject to the provisions of chapter 16 of this title. (Ord. 1098, 11-8-2004)
10-15E-11: EXEMPTIONS:
The provisions and regulations of this article shall not apply to the following signs; provided, however, that such signs shall, at all times, be maintained in good condition and shall not be allowed to fall into a state of disrepair. No permit applications or permit fees shall be required for such signs.
A. Real Estate Signs: Temporary real estate signs not exceeding twenty five (25) square feet in area which advertise the sale, rental or lease of the premises upon which said signs are located.
B. Nameplates: Single or double faced nameplate signs not exceeding two (2) square feet in area per surface, and which do not have more than two (2) surfaces.
C. Construction Signs: Signs denoting the architect, engineer, or contractor of construction projects when placed upon the premises under construction, and not exceeding one hundred (100) square feet in area. Such signs shall be removed upon completion of construction.
D. Memorial Signs: Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials.
E. Traffic And Emergency Signs: Traffic or other Municipal signs, legal notice, railroad crossing signs, danger, and such temporary emergency or nonadvertising signs as may be approved by the Council.
F. Official Signs: Official court or public office notices.
G. Internal Signs: Signs located completely within an enclosed building.
H. Employment Signs: Temporary signs not greater than twenty five (25) square feet in area intended to advertise for employment opportunities available on the premises upon which said signs are located. (Ord. 1098, 11-8-2004)
10-15F-1: PURPOSE:
The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, daycare centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects will not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and the lessening of its value. (Ord. 1098, 11-8-2004)
10-15F-2: DEFINITIONS:
For the purpose of this article, the terms listed below shall have the following defined meanings:
ADULT USES: Include adult bookstores, adult motion picture theaters, adult motion picture sales and rental, adult mini- motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport spas and studios, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public. Activities classified as obscene, as defined by Minnesota statutes section 617.241 are not included.
Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.
Bookstore: An establishment or business which barters, rents or sells items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film and, either alone or when combined with adult motion picture rental or sales and adult novelty sales within the same business premises, has either ten percent (10%) or more of its stock in trade or ten percent (10%) or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
Companionship Establishment: A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
Health/Sport Spa, Studio, Establishment: A health/sport spa, studio, or establishment which excludes minors by reason of age, and if such health/sport spa, studio, or establishment is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
Hotel Or Motel: A hotel, motel or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
Massage Parlor, Health Spa, Studio Or Establishment: A massage parlor or health spa, studio, or establishment which excludes minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building, as a prevailing practice, excludes minors by virtue of age, and if such material is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
Motion Picture Rental Or Sales: An establishment or business which barters, rents or sells videotapes or motion picture film and, either alone or when combined with adult bookstore or adult novelty sales within the same business premises, has either ten percent (10%) or more of its stock in trade or ten percent (10%) or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
Motion Picture Theater: A building or portion of a building with the capacity of fifty (50) or more persons used for presenting material if such building or portion of a building, as a prevailing practice, excludes minors by virtue of age, and if such material is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
Novelty Sales: An establishment or business which sells devices which stimulate human genitals or devices which are designed for sexual stimulation and, either alone or when combined with adult bookstore and adult motion picture rental or sales, has either ten percent (10%) or more of its stock in trade or ten percent (10%) or more of its floor area containing such items and other items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
Sauna: A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if such building or portion of a building restricts minors by reason of age, and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS:
A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
B. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
D. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
E. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or
F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
G. Human excretion, urination, menstruation, vaginal or anal irrigation. (Ord. 1098, 11-8-2004)
10-15F-3: STANDARDS:
Within the B-3 general business and I-1 limited industry zoning districts exclusively, adult uses shall be permitted by a conditional use permit in accordance with chapter 3, article A of this title and subject to the following conditions:
A. Conditional Use: The provisions of chapter 3, article A of this title are considered satisfactorily met.
B. City Licenses: Nothing in this article shall be construed to abrogate any adult use operation from obtaining any and all necessary state and city licenses for such operation.
C. Location:
1. Adult uses shall be located at least six hundred (600) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use is located to the property line of:
a. All E and R zoning districts and residential uses.
b. Licensed daycare centers and nursery schools.
c. A public or private educational facility classified as an elementary, junior high or senior high.
d. A public library.
e. A public park.
f. Public recreational buildings, community centers and swimming pools owned and controlled by the city.
g. Another adult use.
h. Churches, chapels, temples and synagogues.
2. Adult uses shall be prohibited from locating in any building which is also utilized for residential purposes.
D. Single Uses Only: Each adult use activity, as defined by this article, shall be classified as a single use. No two (2) adult uses shall be located in the same building or upon the same property, except that adult bookstores, motion picture rental and sales and novelty sales may be permitted in combination in the same building.
E. Signs: Adult uses shall adhere to the following signing regulations:
1. Sign messages shall be generic in nature and shall only identify the name and type of business which is being conducted; and
2. Shall comply with the requirements of size, number and location for the zoning district in which they are located.
F. Prohibited With Certain Entertainments: Adult use activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted.
G. Hours To Be Closed: No "adult use", as defined in this article, shall be open for business between the hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M.
H. Obscene Activities Prohibited: Activities classified as obscene, as defined by Minnesota statutes section 617.241 are not permitted and are prohibited. (Ord. 1098, 11-8-2004)
10-15F-4: NONCONFORMING ADULT USES:
Any "adult use", as defined in this article, lawfully in existence on December 13, 1993, that does not conform to the provisions of this article shall be subject to the provisions of chapter 16 of this title. (Ord. 1098, 11-8-2004)
10-15G-1: INTENT:
The regulation of towers and antennas is intended to:
A. Provide for the appropriate location and development of towers and antennas to serve the residents and businesses in the city;
B. Minimize adverse visual effects of towers and antennas through careful design, siting, and vegetative screening;
C. Avoid potential damage to adjacent properties from structural failure through engineering and careful siting of tower and antenna structures;
D. Require tower sites to be secured in order to discourage trespassing and vandalism;
E. Maximize use of existing towers and buildings to accommodate new wireless communication antennas in order to reduce the number of new towers needed to serve the city; and
F. Allow location of small wireless facilities and support structures within the public right-of-way. (Ord. 1098, 11-8-2004; amd. Ord. 1441, 12-12-2022)
10-15G-2: PERMITTED ZONING DISTRICTS; EXEMPTIONS:
B. Antennas used for noncommercial purposes, such as television antennas, are exempt from the regulations found in this article. However, such exempted antennas must comply with the height restrictions established for the zoning district within which it is located. (Ord. 1098, 11-8-2004)
10-15G-3: TOWERS:
A. New Personal Wireless Service Towers: A proposal for a new personal wireless service tower shall not be approved unless it can be documented by the applicant that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile radius of the proposed tower due to one or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified engineer, and the existing or approved tower cannot be reinforced or modified to accommodate the planned or equivalent equipment at a reasonable cost.
2. The planned equipment would cause interference with other existing or planned equipment at the tower or building, as documented by a qualified engineer, and the interference cannot be prevented at a reasonable cost.
3. Existing or approved towers and buildings within a one mile radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified engineer.
4. Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
B. Construction Requirements: All towers erected, constructed, or located within the city, and all wiring therefor, shall comply with the following requirements:
1. All applicable provisions of this article.
2. Towers shall be certified by a qualified engineer to conform to the structural standards of the Minnesota state building code.
3. Any tower proposed to accommodate personal wireless service facilities shall be designed structurally, electrically, and, in all respects, to accommodate both the applicant's antennas and comparable antennas, with antenna ports located at minimum ten foot (10') vertical intervals, for at least two (2) additional users.
4. Metal towers shall be constructed of, or treated with, corrosive resistant material.
5. No part of any antenna, tower, equipment, wires, braces, cables or similar devices shall at any time extend across or over any part of the public right of way or property line.
6. Antennas and metal towers shall be grounded for protection against a direct strike by lightning and shall comply, as to the electrical wiring and connections, with all electrical code regulations and standards.
7. All towers affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. The bottom of the tower (measured from ground level to 12 feet above ground level) shall be designed in a manner to preclude unauthorized climbing to be enclosed by a six foot (6') high chainlink fence with a locked gate.
8. All towers shall be constructed to conform with the requirements of the occupational safety and health administration.
C. Design Requirements: All new and modified towers shall comply with the following design requirements:
1. Towers shall be designed to blend into the surrounding environment to the maximum extent possible through the use of color, camouflaging, and architectural treatment, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration.
2. Personal wireless service towers shall be of a monopole design.
D. Setbacks: All new towers shall comply with the following setbacks as measured from the base of the tower to the nearest property line:
1. Equal to the height of the tower, including any antenna attachments, from any residential use, E or R zoning district, church or school.
2. Equal to the principal structure setback of the base zoning district from all public rights of way and abutting property lines not specified in subsection D1 of this section, or equal to the specific "fall zone" of the proposed tower, as determined by a qualified professional engineer, whichever is greater. (Ord. 1098, 11-8-2004)
E. Height: Towers may be of a height equal to one hundred fifty percent (150%) of the principal structure height permitted in the underlying zoning district for which the tower is located. Heights in excess of this requirement may be allowed by conditional use permit. Towers that are an accessory use as referenced in subsection 10-15G-2A of this article shall conform to sections 10-5-8 and 10-6-2; and chapters 7, 8, 9, 10, 11 and 12 of this title. (Ord. 1098, 11-8-2004; amd. 2008 Code)
F. Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is required by the federal aviation administration or other federal or state authority.
G. Signs And Advertising: The use of any portion of a tower for signs and advertising purposes is prohibited except for applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities.
H. Accessory Utility Buildings: All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment to the maximum extent possible and shall meet the minimum accessory building setback requirements of the underlying zoning district. All utility buildings and ground mounted equipment shall be screened from view by suitable vegetation, except where the city finds that a design for nonvegetative screening better reflects and compliments the architectural character of the surrounding neighborhood. Lighting on accessory utility buildings or equipment shall be limited only to that which is needed for security purposes. All exterior lighting shall be diffused or directed away from all property lines and public rights of way. The direct source of light shall not be visible from any abutting property or the public right of way.
I. Obsolete, Unused Towers: All obsolete or unused towers and accompanying accessory facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the city council. After the facilities are removed, the site shall be restored to its original or to an improved state. (Ord. 1098, 11-8-2004)
10-15G-4: ANTENNAS:
A. Antennas Mounted On Buildings And Existing Towers:
1. The placement of antennas on proposed or existing buildings shall be a permitted accessory use, provided the antenna does not extend more than fifteen feet (15') above the top of the building.
2. The placement of antennas on existing or proposed towers shall be a permitted accessory use, provided the antenna does not extend above the allowed tower height.
B. Interference With Public Safety Telecommunications: No new or existing antenna shall interfere with public safety telecommunications. The owner of any antenna creating interference with public safety telecommunications is required to remove the source of interference immediately. (Ord. 1098, 11-8-2004)
10-15G-5: ADDITIONAL SUBMITTAL REQUIREMENTS:
In addition to the information required elsewhere in this title, development applications for towers shall include the following information:
A. A report from a qualified engineer which:
1. Describes the tower height and design including a cross section and elevation of the structures;
2. Demonstrates the tower's compliance with the structural requirements of this article;
3. Describes the tower's capacity, including the number and type of antennas that it can accommodate;
4. If applicable, documents indicating the steps the applicant will take to avoid interference with established public safety telecommunications; and
5. Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas.
B. A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an applicant agrees in writing to pay any reasonable charge for shared use.
C. In the case of an antenna mounted on an existing structure or tower, a report prepared by a qualified engineer shall be submitted which indicates the existing structure's or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure or tower. Complete details of all fixtures and couplings, and precise point of attachments, shall be indicated.
D. Certification by the engineer for the information required herein shall be made both to the city and the telecommunications company. (Ord. 1098, 11-8-2004)
10-15G-6: COST OF PLAN REVIEW ANALYSIS:
Any cost to the city associated with the review of plans for a tower or antenna application shall be borne by the applicant. The city may require an escrow be submitted with the application to cover the costs of review. (Ord. 1098, 11-8-2004)
10-15G-7: VERTICAL AXIS WIND TURBINE (VAWT):
Shall be allowed as a permitted use in the A and E-1 districts provided the following criteria are met:
A. Within all A and E-1 zoning districts, the maximum height for a freestanding VAWT shall be 52.5 feet. Heights in excess of those allowed shall be permitted by conditional use permit.
The maximum height of the VAWT shall be fifteen feet (15') if attached to or placed on the roof of the principal structure.
Property located in the shoreland and critical area districts are limited to a maximum VAWT height of thirty five feet (35'), per state regulations.
B. The base of the turbine shall be set back from all property lines a distance equal to the turbine height, measured to the highest point of the turbine or equal to the principal structure setback of the base zoning district, whichever is greater.
C. On lots less than fifteen (15) acres in size, no more than one rooftop or one freestanding turbine is permitted. On lots greater than fifteen (15) acres additional turbines are allowed provided they do not exceed a density of fifteen (15) acres per turbine. The location of the VAWTs may be clustered together.
D. VAWTs shall comply with all applicable state and federal regulatory standards including, but not limited to, the federal aviation administration (FAA), Minnesota pollution control agency (MPCA) and state building code. A building permit consisting of a completed application, site plan, two (2) sets of plans, and structural engineering is required for a VAWT prior to installation. VAWTs shall be certified by Underwriters Laboratories, Inc., the Small Wind Certification Council, Intertech, or other body as determined by the chief building official. The city reserves the right to deny a building permit for a VAWT deemed to have inadequate certification or testing for operation in a severe winter climate.
E. The appearance of the VAWT shall be maintained throughout the life of the wind energy system pursuant to industry standards. The system shall not be used for displaying any advertising.
F. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility company.
G. If the VAWT remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundation to below natural grade and transmission equipment. (Ord. 1273, 11-25-2013)
10-15G-8: SMALL WIRELESS FACILITY:
The placement of small wireless facilities and wireless support structures to accommodate small wireless facilities are a permitted use within the public right-of-way provided the following criteria are met:
A. A conditional use permit is required to install a new wireless support structure for the sitting of a small wireless facility in a right-of-way in an area zoned for residential use including the A, E-1, E-2, R-1A, R-1B, R-1C, and R- 2 zoning districts.
B. A small wireless facility permit shall be required pursuant to the requirements of Title 7-3-7-1 of the City Code.
C. No new wireless support structure installed within the right-of-way shall exceed fifty (50) feet in height without the city's written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding fifty (50) feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit.
D. No wireless facility may extend more than ten (10) feet above its wireless support structure.
E. Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way.
F. Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure.
G. Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure.
H. Small wireless facilities and wireless support structures located outside the right-of-way shall comply with the standards found in Title 10-15G of the City Code. (Ord. 1441, 12-12-2022)
10-15H-1: PURPOSE:
This article is a measure to regulate the design, use, maintenance and the operation of manufactured homes in manufactured home parks within the city. (Ord. 1098, 11-8-2004)
10-15H-2: MANUFACTURED HOMES; MISCELLANEOUS PROVISIONS:
A. Location Within Park:
1. All manufactured homes that do not meet the definition and standards for a one-family detached dwelling as contained in the definition of "dwelling/dwelling unit" in section 10-2-2 of this title shall be located in a manufactured home park; provided, however, if a person has obtained a building permit to build a permanent one-family detached dwelling, the person may locate a manufactured home on the same property as a temporary residence for a period not more than twelve (12) months.
2. A manufactured home meeting the definition of a one-family detached dwelling as contained in the definition of "dwelling/dwelling unit" in section 10-2-2 of this title may be located in a manufactured home park.
B. Occupancy Permit Requirements:
1. Permit Required: No manufactured home shall be occupied on any site within a manufactured home park until an occupancy permit has been issued for the site. No manufactured home park operator shall allow a manufactured home to be located in the park for more than fifteen (15) days unless an occupancy permit is obtained.
2. Application For Permit: Application for an occupancy permit shall be made by the manufactured home park operator through the building inspection department. The application shall be in writing, signed by the applicant, and shall include information as follows: name of applicant, location of the site, date and payment of sanitary sewer core charges, date and payment of water core charges, date and payment of park dedication fees and date and payment of annual inspection fees.
3. Conditions: No occupancy permit shall be issued until all state and city codes are met and until a state of Minnesota licensed manufactured home installer has placed upon the home his installation seal.
C. Design, Accessories And Additions:
1. Size And Width: Minimum size of a manufactured home without attachments or additions shall be four hundred (400) square feet, with a minimum width of ten feet (10').
2. Ground Support And Tie Downs: Each manufactured home installed ninety (90) days after the effective date hereof shall have a ground support system and tie downs meeting the requirements of Minnesota statutes sections 327.31 to 327.34 and the department of administration building code division rules for manufactured home support and tie down systems, which are hereby adopted by reference and made part of this article as if fully set forth herein.
3. Skirting: All manufactured homes located within the manufactured home park shall have the base of the manufactured home enclosed by using a skirting commercially made for this purpose. Use of any other method of coverage must have the written approval of the building official.
4. Accessories And Additions: In a like manner, all steps, utility enclosures, awnings, patio covers, carports, cabanas, screened porches, expandable rooms and/or any other additions only commercially made expressly for the manufactured home industry may be used. Any additions regulated by this article that are not conforming shall be made conforming within thirty (30) days from the receipt of written notice of violation or shall be removed.
5. Fences: Fences located within the manufactured home park shall be of approved design standards agreed upon by the operator. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-3: BUILDING PERMIT REQUIRED FOR PERMANENT ACCESSORY STRUCTURES WITHIN PARK:
All permanent structures, accessory buildings, swimming pools, and/or related structures constructed within a manufactured home park are subject to building permit requirements of title 9, chapter 1 of this code. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-1: CONDITIONAL USE PERMIT REQUIREMENTS:
A. Permit Required: A conditional use permit is required to operate a manufactured home park.
B. Application For Permit: Application for a conditional use permit shall be completed in accordance with chapter 3, article A of this title.
C. Park Plan Required: A complete plan of the park, including the following, shall be provided to the city for review:
1. All roads and driveways, and street lighting plan.
2. Location and number of sites or lots for manufactured homes.
3. Proposed disposition of surface drainage.
4. Proposed water system and sanitary sewer system.
5. Proposed location of all fire hydrants.
6. All proposed locations and designs of all signs.
7. Any other information requested by the planning commission or council.
D. Security Deposit: The conditional use permit applicant shall submit a letter of credit or cash deposit of one hundred twenty five percent (125%) of the cost of improvements for landscaping, concrete curbs and gutters, streets and street lighting for the total park development or any section thereof that is planned to be developed under the application, and as determined and set by the engineer or such other registered engineer or architect as determined by the council to ensure the compliance of the applicant with the plans and specifications before the issuance of such permit.
E. Conditions Of Approval: Approval of such permit shall be limited to the number of manufactured home lots shown on the approved plan presented, and any departure of the original plan at any later date must be approved by the council. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-2: COSTS FOR PLAN REVIEW:
The applicant shall pay all reasonable costs incurred by the city for review and inspection, including preparation and review of plans, plats and specifications by the city engineer, city attorney and other legal or other costs of a similar nature upon receipt of a statement therefor from the clerk. (Ord. 1098, 11-8-2004)
10-15H-4-3: AGREEMENTS:
The council may require the operator to enter into an agreement with the city at the time the council issues a permit, and such agreement, with all its terms, conditions and provisions, shall be essential to the permit and shall be enforceable as part of this article. The council may at any time promulgate reasonable rules and regulations by resolution that shall have the same force and effect as provisions of this article. (Ord. 1098, 11-8-2004)
10-15H-4-4: CONSTRUCTION AND DESIGN REQUIREMENTS:
A. Compliance With Building Code: The construction of a manufactured home park shall comply with all the provisions of title 9 of this code applicable thereto.
B. Other Approvals: Before construction commences, the holder of the permit is obligated by this article to secure the approval of the state department of health and secure approval of the fire chief as to the placement of the fire hydrants so that adequate fire protection is achieved. The holder of the permit is to provide satisfactory evidence to the council that all requirements of the state and the city have been complied with before the council permits the manufactured home park to operate.
C. Grade And Drainage: The manufactured home park shall be located on a well drained site, and each manufactured home lot shall be graded so as to prevent the accumulation of storm or other waters. All storm water ponding or pooling areas shall be controlled by the operator by whatever means necessary to prevent the breeding of insects.
D. Sewer And Water Systems: The manufactured home park shall be serviced by a sanitary sewer system connected to either a municipal sewer system or an appropriate regional sanitary sewer system. The manufactured home park water systems may be serviced by either a central deep well of adequate capacity or by municipal water supply. The design and specifications of both sanitary sewer and water systems must meet the approval of the city engineer.
E. Other Utilities: Other utilities such as electricity, natural gas, oil and telephone shall be installed underground in an approved method. Such methods shall be under the requirements of the state and the city.
F. Minimum Area And Setbacks: Each lot of a manufactured home park shall have a minimum gross area of not less than five thousand (5,000) square feet, with the lot width at the manufactured home front facing the street of not less than fifty feet (50'). Each manufactured home placed upon a lot shall be placed with the following minimum setbacks:
1. Front: Eighteen feet (18') from the curb line.
2. Rear: Nine feet (9') from the lot line except where the rear lot line abuts the following:
a. Abutting an A, E, R-1, or R-2 zoned property: Fifty feet (50') from the lot line.
b. Abutting an R-3, B, I, or P zoned property: Twenty feet (20') from the lot line.
c. Abutting public right of way: Twenty feet (20') from the lot line.
3. Sides: No manufactured home (excluding entry stairs and decks) may be located less than twenty feet (20') from the adjacent manufactured home or manufactured home park buildings.
4. Corner Lot: A corner lot shall have eighteen foot (18') setbacks from the curb line to any structure (excluding entry stairs).
G. Streets And Roadways: All streets and roadways located within the manufactured home park shall have Portland cement concrete curb or Portland cement concrete curb and gutter and shall be hard surfaced under specifications set forth by the city engineer. Minimum width between curb faces shall be thirty two feet (32') for collector streets and twenty eight feet (28') for minor streets, unless projected traffic patterns and density shall determine a greater width, at which time, the greater width shall be determined by the city engineer. Roadways shall have unobstructed access to a public street or road and shall have at least six inch (6") positive crown. One-way streets may be twenty feet (20') wide.
H. Sidewalks: A concrete sidewalk, not less than thirty inches (30") wide, shall be constructed adjacent to the street. Lots located within areas, such as cul-de-sacs, where, in the opinion of the planning commission, sidewalks shall serve no useful purpose, a variance can be granted. The variance shall require the council's approval.
I. Parking:
1. On Street Parking: On street parking shall be allowed only if minimum curb faces shall be forty feet (40') for collector streets and thirty six feet (36') for minor streets when off street parking is not provided.
2. Off Street Parking: Off street parking shall be provided for at least two (2) spaces per manufactured home lot. Parking on streets or roadways shall be prohibited when minimum street widths, as per subsection G of this section, and approved street signs prohibiting such shall be provided by the owner and installed under the direction of the city engineer.
J. Traffic Regulations:
1. Intent And Purpose: The city council deems it necessary to enact provisions relating to private streets and roadways located within a manufactured home park to promote and protect the health, safety and welfare of persons and property within the manufactured home park, notwithstanding the fact that the area may constitute private property.
2. Speed Limit:
a. Where no special hazard exists, the speed limit within a manufactured home park shall be a maximum limit of ten (10) miles per hour, and any speed in excess thereof shall be unlawful.
b. The streets and roadways located within a manufactured home park shall be designed in accordance with a ten (10) mile per hour speed limit.
3. Stops Required: Every driver of a vehicle within a manufactured home park shall stop at a stop sign or at a clearly marked intersection, except when directed to proceed by a peace officer or traffic control agent.
4. Traffic Control Devices:
a. Specifications: Any signs, signals, markings, or devices which control the movement of vehicles operating within a manufactured home park must meet the requirements and specifications for such signage as required by the "Minnesota Manual On Uniform Traffic Control Devices".
b. Placement: The owner of a manufactured home park shall place, maintain, and/or display any signs, signals, markings or devices which control the movement of vehicles operating within a manufactured home park at those locations specified by the police chief.
c. Prior Approval Of Police Chief: No person or entity shall place, maintain, and/or display any signs, signals, markings or devices which control the movement of vehicles operating within a manufactured home park without the prior written consent of the police chief.
K. Utility Buildings: The manufactured home park shall have utility buildings as are required by state law. Such buildings will require an approved plan and building permit as required in title 9, chapter 1 of this code.
L. Recreation And Reserved Areas:
1. All manufactured home parks shall have a recreation or park area or areas to be established and maintained within the manufactured home site of not less than five percent (5%) of the land in the manufactured home park. Such plans for a recreation area shall be of an approved design included in the letter of credit provided for in subsection 10-15H-4-1D of this article.
2. The minimum combined acreage for recreational area or areas and setbacks shall be ten percent (10%) of the total acreage of the manufactured home park.
M. Buffer Zones: Every manufactured home park shall provide for buffer to adjacent properties. A fifty foot (50') buffer shall be provided in the manufactured home park in those locations where the manufactured home park is adjacent to single-family residential areas. A twenty foot (20') buffer shall be required in each manufactured home park where the park is adjacent to a public street, multiple residential development, commercial or industrial neighborhood, or park land. Such buffer will be planted with a dense combination of trees, shrubs, and bushes as to form a screen to adjoining properties and state, county or city streets. Plans for plantings shall be approved by the council and included in the letter of credit in subsection 10-15H-4-1D of this article.
N. Support And Tie Down Systems For Manufactured Home: The department of administration building code division rules for manufactured home support and tie down systems, authorized by Minnesota Statutes sections 327.31 to 327.34, are hereby adopted by reference and made part of this article as if fully set forth herein. Each manufactured home stand shall be equipped with an anchoring and support system as defined and approved by said State rules.
O. Emergency Plan: Each person operating a manufactured home park within the City shall annually provide to the City a plan showing the means and precautions taken by such operator to minimize the effects of a tornado or high wind storm to the users of the manufactured home park. Such plan shall include, but not necessarily be limited to, the following:
1. The availability of permanent structures within the manufactured home park or within the immediate vicinity.
2. A description of advisory circulars or other informational material supplied to users of the park informing such users as to what steps should be taken in the event of a tornado.
3. A plan whereby users of the park can evacuate the park in an orderly manner. Such plan shall be subject to the approval of the Chief of Police, and no occupancy permits shall be issued until such plan is approved. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-5: GARBAGE DISPOSAL:
A plan for rubbish and garbage disposal shall be presented to the Council for approval before such manufactured home park begins operation. This plan shall be reviewed each year on or before December 1, and such changes as recommended by the Building Inspections Division will be considered by the Council for approval. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-6: FIRE PREVENTION AND PROTECTION:
A. Burning: No burning of any type shall be permitted in manufactured home parks.
B. Storage Of Combustible Materials: Storage of inflammable liquids or materials or gases within or under a manufactured home is expressly forbidden by this article.
C. Fire Extinguishers: Each manufactured home in a licensed manufactured home park shall be equipped with a Fire Marshal approved type fire extinguisher in usable condition. The owner of the manufactured home shall be responsible for providing such extinguisher for his manufactured home. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-7: VEHICLE STORAGE:
No boats, boat trailers, utility trailers, travel trailers or any vehicles other than the personal automobiles of the occupants or their guests shall be parked on the manufactured home lot, and there shall be provided by the operator a separate area upon which these boats, trailers, or other vehicles shall be parked or held. This area is to be located away from any public street and shall be densely screened in an approved manner. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-8: PETS:
No owner or person in charge of any dog, cat or other pet animal shall permit same to run at large or commit any nuisance within the manufactured home park at any time. All pets must be on a leash not greater than sixteen feet (16') at all times when out of doors or kept within an approved fenced area. (Ord. 1367, 4-8-2019, eff. 5-1-2019)
10-15H-4-9: LANDSCAPING:
Except for the areas used for the manufactured home, patio, sidewalk or hard surfaced off street parking, the entire lot shall be suitably landscaped and maintained. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-10: MAINTENANCE:
A. Manufactured home parks shall be maintained in an attractive state by the owner or operator so as not to become unsightly with respect to containers, junk, trash or any other unsightly or unsanitary conditions.
B. No painting, washing or repairing of automobiles or other vehicles shall be allowed on the streets or roadways of the manufactured home park.
C. Any manufactured home lot that is unoccupied and/or becomes in disrepair because of neglect by the occupant shall be the responsibility of the manufactured home park operator, who shall maintain and/or upgrade the lot to its original permit condition. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-11: SALES LOT PROHIBITED; MODEL HOME DISPLAY:
The establishment of a sales lot within the confines of the manufactured home park is prohibited by this article. A model home display may be established within the manufactured home park by conditional use permit as provided in this title, which approval by the planning commission shall include size, number and location. No manufactured home display may exceed one manufactured home per manufactured home lot. The manufactured home lot shall be landscaped by an approved design and maintained. No manufactured home park shall have more than six (6) manufactured home display lots. A conditional use permit for establishing a display manufactured home unit shall be a contractual yearly agreement which shall expire on January 1 of each succeeding year. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-12: TRANSIENT OCCUPANCY PROHIBITED:
The use of any lot or area within a manufactured home park for tent sites, camper trailers, pickup campers, or any other transient occupancy use is prohibited. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-13: WHEELS AND RUNNING GEAR RETAINED:
The wheels and running gear shall be left on the manufactured home located within the manufactured home park. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-14: REGISTER KEPT:
A. Every person operating a manufactured home park within the city shall provide and keep thereat a suitable guest register for the registration of all persons, as provided by state law. This register shall contain the following:
1. Name and lot address of each occupant.
2. Name and address of the owner of the manufactured home.
3. Make, model, year and license of each manufactured home.
4. Date of arrival and departure of each manufactured home.
B. This information shall be kept for at least three (3) years after the date the occupant leaves the manufactured home park and shall be available at all times to law enforcement officers, health authorities and all other officials whose duties necessitate the acquisition of information contained in the register. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-15: EXEMPTIONS:
Any person operating a manufactured home park within the city on February 4, 1970, is exempt from enforcement of sections 10-15H-4-1, 10-15H-4-4, 10-15H-4-8 and 10-15H-4-9 of this section until such time as a physical change, such as remodeling, expanding, or upgrading, of the manufactured home court, is planned, at which time, all provisions of this article will be enforced in accordance herewith, except subsection 10-15H-4-6C of this section, which will not apply to manufactured homes occupied at the time of said physical changes. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-4-16: VIOLATIONS; REVOCATION OF STATE LICENSE; NONISSUANCE OF BUILDING PERMIT:
Failure to comply with all the provisions of this article or with all or any provisions of any special nature imposed upon the manufactured home park or the operator by the terms of the permit or the terms of any contract, agreement or stipulation entered into by the operator or imposed by the council will result in revocation of license to the state commissioner of health. The terms of this article or of any permit, agreement or stipulation ordered or authorized by this article shall be a condition precedent to issuance of a state license and shall run with the license and be a part thereof. (Ord. 1098, 11-8-2004; amd. 2008 Code)
10-15H-5: CLOSURE OF PARKS:
A. Purpose; Statute Authority: In light of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the city council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced residents of such parks. The purpose of this section is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation, pursuant to the authority granted under Minnesota statutes section 327C.095.
B. Definitions: The following words and terms, when used in this section, have the following meanings unless the context clearly indicates otherwise:
APPURTENANCE: The visible, functional or ornamental objects accessory to and part of a building.
CLOSURE STATEMENT: A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement rental lots within a twenty five (25) mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park to other parks within the twenty five (25) mile radius. The statement must also comply with all state law requirements for such a statement under Minnesota statutes sections 327C.01 and 327C.095.
DISPLACED RESIDENT: The owner of an owner occupied manufactured home who rents a lot in a manufactured home park as of the date the park owner submits a closure statement to the planning commission and the city council.
LOT: An area within a manufactured home park designed and used for the accommodation of a manufactured home.
MANUFACTURED HOME: A structure, not affixed to or part of real estate, transportable in one or more sections, which, in the traveling mode, is eight feet (8') or more in width or forty feet (40') or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained therein.
MANUFACTURED HOME PARK OR PARK: Any site, lot, field or tract of land upon which two (2) or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park. This definition does not include facilities which are only open during three (3) or fewer seasons of the year.
PARK OWNER: The owner of a manufactured home park and any persons acting on behalf of the owner in the operation or management of a park.
PARK PURCHASER: The person buying the manufactured home park from the park owner. In the event that the park owner intends to retain ownership and convert or redevelop the park for a different use, all references to the park purchaser refer to the park owner.
PERSON: Any individual, corporation, firm, partnership, incorporated or unincorporated association or any other legal or commercial entity.
C. Notice Of Closing: If a manufactured home park is to be closed, converted in whole or part to another use, or terminated as a use of the property, the park owner shall, at least nine (9) months prior to the closure, conversion to another use or termination of use, provide a copy of the closure statement to a resident of each manufactured home who is at least eighteen (18) years of age and to the planning commission and city council.
D. Hearing:
1. Scheduling And Notice: The city council shall schedule a public hearing after the planning commission and city council have received the closure statement. This hearing shall not take place until forty five (45) days after the park owner has provided the city council and planning commission with written notice of the park closing. The city shall mail a notice at least ten (10) days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner shall provide the city with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the city council and planning commission. Prior to the public hearing, the planning commission shall review the closure statement and provide a preliminary evaluation of the impact of the park closing on displaced residents to the city council.
2. Public Hearing: A public hearing shall be held before the city council for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on the displaced residents and the park owner. The city council shall determine the adequacy of the closure statement and direct that payments be made pursuant to this section.
E. Displaced Resident Statement: Within ninety (90) days of receipt of a closure notice, displaced residents shall provide the park owner with a written statement of relocation costs, or in the alternative, a written statement that the displaced resident cannot or chooses not to relocate the manufactured home to another manufactured home park within a twenty five (25) mile radius. The written statement shall state whether the displaced resident is electing to proceed and receive relocation costs or additional compensation under subsection F1, F2, F3, F4 or F5 of this section.
F. Payment Of Relocation Costs And Additional Compensation:
1. Displaced Resident Can Relocate And Relocates To Another Manufactured Home Park Within A Twenty Five Mile Radius:
a. This subsection F1 applies to manufactured homes that can be relocated to another manufactured home park within a twenty five (25) mile radius of the park that is closing, where the displaced resident chooses to relocate the manufactured home to another park within that radius.
b. After service of the closure statement by the park owner and upon submittal by the displaced resident of a contract or other verification of relocation expenses, the park owner shall pay the reasonable costs of actually relocating the manufactured home to another manufactured home park located within a twenty five (25) mile radius of the park that is being closed, converted to another use, or ceasing operation.
c. The park owner shall make payment under this subsection F1 directly to the person performing the relocation services after performance thereof, or, upon submission of adequate written evidence of payment of any of the permissible reasonable relocation expenses listed below by the displaced resident, shall reimburse the displaced resident for such costs. If the park owner chooses to relocate the manufactured home rather than pay for the relocation costs as shown by the estimate provided by the displaced resident, the park owner must move the manufactured home, at his own expense, and must pay for all of the other applicable reasonable relocation expenses listed in subsection F1d of this section.
d. Reasonable relocation costs shall include:
(1) Preparation For Move: Reasonable costs incurred to prepare the eligible manufactured home for transportation to another site. This category includes: crane services; wheel, tire, tongue apparatus, hitch and axel rental, if needed, together with the cost of attachment and detachment thereof, and the cost of repairs or modifications that are required in order to take down, move and set up the manufactured home.
(2) Transportation To Another Site: Reasonable costs incurred to transport the eligible manufactured home and any attached appurtenances, such as porches, decks, skirting and awnings, which were not acquired after notice of closure or conversion of the park, to another manufactured home park within a twenty five (25) mile radius. This category also includes the cost of insuring the manufactured home while the manufactured home is in the process of being relocated, and the cost of obtaining moving permits, provided that the park owner shall not be required to pay delinquent taxes on a manufactured home if necessary in order to obtain a moving permit.
(3) Additional Costs: The actual expenses incurred in moving the displaced resident's manufactured home and personal property that are separate and distinct from the manufactured home and its appurtenances, including the reasonable cost of disassembling, moving and reassembling any attached appurtenances, such as porches, decks, skirting and awnings, which were acquired prior to the park owner's provision to the displaced resident of the closure notice, as well as utility hookup charges.
e. Reasonable relocation costs shall not include the following:
(1) The cost of upgrading the electrical or plumbing systems in the manufactured home to comply with hookup requirements in the new manufactured home park.
(2) The cost of any repairs or modifications to the manufactured home needed to bring the manufactured home into compliance with the state and federal manufactured home building standards for the year in which the manufactured home was constructed.
(3) The cost of any repairs or modifications to the manufactured home or appurtenances needed to bring the manufactured home or appurtenances into compliance with the rules and regulations of the manufactured home park to which the manufactured home is being relocated, if those rules and regulations are no more stringent than the rules of the park in which the manufactured home is located, and the resident was notified of the noncompliance with the rules and regulations of the park in which it is located within sixty (60) days prior to delivery of the closure statement.
f. A displaced resident compensated under this subsection F1 shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park.
g. All rent due and owing the park owner, and all property taxes for the current and prior years, shall be paid by the displaced resident prior to removing the manufactured home from the park.
h. No displaced resident who receives any benefits under this subsection F1 is entitled to benefits under any other provision of this subsection.
i. If the relocation costs required by this subsection F1 exceed the fair market value of the manufactured home and allowed appurtenances being moved, the reasonable relocation costs to be paid to the displaced resident shall be the fair market value of the manufactured home and allowed appurtenances and not the actual relocation costs. The displaced resident may elect to receive the fair market value of the manufactured home and appurtenances and tender title to the manufactured home, free and clear of all liens and encumbrances, to the park owner, or may instead receive the fair market value for the manufactured home, retain title to the manufactured home, and must promptly relocate the manufactured home and appurtenances at the displaced resident's sole expense.
2. Displaced Resident Can Relocate Within A Twenty Five Mile Radius But Chooses To Relocate To Another Park Outside A Twenty Five Mile Radius:
a. If a displaced resident can relocate the manufactured home to another manufactured home park within a twenty five (25) mile radius of the park which is being closed but chooses instead to relocate the manufactured home to a manufactured home park outside the twenty five (25) mile radius, the displaced resident shall receive an award of relocation costs equal to the average relocation costs awarded to other residents in the park who relocated within the twenty five (25) mile radius.
b. A displaced resident compensated under this subsection F2 shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park.
c. All rent due and owing the park owner, and all property taxes for the current and prior years, shall be paid by the displaced resident prior to removing the manufactured home from the park.
d. No displaced resident who receives any benefits under this subsection F2 is entitled to benefits under any other provision of this subsection.
3. Displaced Resident Can Relocate To Another Park Within A Twenty Five Mile Radius But Chooses To Tender Title To The Manufactured Home:
a. If a displaced resident can relocate the manufactured home to another manufactured home park within a twenty five (25) mile radius of the park which is being closed, but instead of relocating, the displaced resident tenders title to the manufactured home to the park purchaser, the displaced resident shall receive additional compensation paid by the park purchaser in order to mitigate the adverse financial impact of the park closing.
b. The additional compensation shall be in an amount equal to the greater of the tax assessed value of the manufactured home for the year in which the park is scheduled to close or the estimated market value of the manufactured home as determined by an independent appraiser experienced in manufactured home appraisal who has been approved by the city administrator. The park purchaser shall pay for the appraisal.
c. Title to the manufactured home shall be tendered to the park purchaser, free and clear of all liens and encumbrances, no later than ninety (90) days prior to the earlier of the closing of the park or its conversion to another use.
d. The park purchaser shall pay compensation due under this subsection F3 into an escrow account for distribution upon transfer of title to the manufactured home. Such compensation shall be paid out of the escrow account to the displaced resident no later than three (3) business days after the displaced resident has executed the transfer of title to the manufactured home, free and clear of all liens and encumbrances, to the park purchaser under the terms of this subsection F3.
e. All rent due and owing the park owner, and all property taxes for the current and prior years, shall be paid by the displaced resident prior to the tendering of title to the manufactured home.
f. No displaced resident who receives any compensation under this subsection F3 is entitled to benefits or compensation under any other provision of this subsection.
4. Displaced Resident Cannot Relocate To Another Park Within A Twenty Five Mile Radius And Chooses Not To Tender Title To The Manufactured Home:
a. If a displaced resident cannot relocate the manufactured home to another manufactured home park within a twenty five (25) mile radius of the park which is being closed, and chooses to relocate the manufactured home outside of the twenty five (25) mile radius, the displaced resident shall receive an award of relocation costs equal to the average relocation costs awarded to other residents in the park who relocated within the twenty five (25) mile radius.
b. A displaced resident compensated under this subsection F4 shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park.
c. All rent due and owing the park owner, and all property taxes for the current and prior years, shall be paid by the displaced resident prior to removing the manufactured home from the park.
d. No displaced resident who receives any benefits under this subsection F4 is entitled to benefits under any other provision of this subsection.
5. Displaced Resident Cannot Relocate To Another Park Within A Twenty Five Mile Radius And Tenders Title To The Manufactured Home:
a. If a displaced resident cannot relocate the manufactured home to another manufactured home park within a twenty five (25) mile radius of the park which is being closed, and the displaced resident tenders title to the manufactured home to the park purchaser, the displaced resident shall receive additional compensation paid by the park purchaser in order to mitigate the adverse financial impact of the park closing.
b. The additional compensation shall be in an amount equal to the greater of the tax assessed value of the manufactured home for the year in which the park is scheduled to close or the estimated market value of the manufactured home as determined by an independent appraiser experienced in manufactured home appraisal who has been approved by the city administrator. The park purchaser shall pay for the appraisal.
c. Title to the manufactured home shall be tendered to the park purchaser, free and clear of all liens and encumbrances, no later than ninety (90) days prior to the earlier of the closing of the park or its conversion to another use.
d. The park purchaser shall pay compensation due under this subsection F5 into an escrow account for distribution upon transfer of title to the manufactured home. Such compensation shall be paid out of the escrow account to the displaced resident no later than three (3) business days after the displaced resident has executed the transfer of title to the manufactured home, free and clear of all liens and encumbrances, to the park purchaser under the terms of this subsection F5.
e. All rent due and owing the park owner, and all property taxes for the current and prior years, shall be paid by the displaced resident prior to the tendering of title to the manufactured home.
f. No displaced resident who receives any compensation under this subsection F5 is entitled to benefits or compensation under any other provision of this subsection.
G. Limitation Of Relocation Costs:
1. The total amount of relocation costs to be paid by the park owner to displaced residents under subsections F1, F2 and F4 of this section shall not exceed the greater of twenty five percent (25%) of the total purchase price of the park or twenty five percent (25%) of the county assessor's estimated market value of the manufactured home park as determined by the county assessor for the year in which the park is scheduled to close. The total purchase price of the park includes all consideration received by the park owner including, but not limited to, cash, buyer's forgiveness of seller's indebtedness, liens, mortgages or other encumbrances paid by buyer on seller's behalf, and special assessments paid by the buyer.
2. In the event the relocation costs required under subsections F1, F2 and F4 of this section exceed the limitation on the park owner's responsibility for relocation costs, each displaced resident entitled to an award of relocation costs under subsection F1, F2 or F4 of this section shall be entitled to a percentage of the total amount of relocation costs such displaced resident would otherwise be entitled to receive. Each displaced resident's award of relocation costs shall be computed by multiplying the total amount of relocation costs such displaced resident would otherwise be entitled to receive by a fraction, where the numerator is the total amount available to pay for all eligible relocation costs and the denominator is the total amount of all eligible relocation costs. (Ord. 1146, 3-26-2007)
H. Fees: At the time the closure statement is submitted to the city council and the planning commission, the park owner shall pay the city a fee as established by resolution of the city council for city processing of the closure statement and administration of the terms of this section. (Ord. 1146, 3-26-2007; amd. 2008 Code)
I. Violation; Penalties:
1. Violation of any provision of this section shall be a misdemeanor.
2. Any provision of this section may be enforced by injunction or any other appropriate civil remedy.
3. The city shall not issue a building permit in conjunction with the reuse of the manufactured home park property unless the park owner has paid the required reasonable relocation costs and the park purchaser has paid the required additional compensation in accordance with the requirements of this section and has provided written proof of such payments to the city council. Approval of any application for rezoning, platting, conditional use permits, planned unit development or a variance in conjunction with the park closing or conversion shall be conditioned on compliance with the requirements of this section. (Ord. 1146, 3-26-2007)
10-15I-1: PURPOSE:
The purpose of this article is to regulate the placing and maintenance of advertising benches in public rights of way in order to control location, appearance, proliferation and traffic safety. (Ord. 1098, 11-8-2004)
10-15I-2: DEFINITION:
For purposes of this article, the term "advertising bench" shall mean any bench or seat located on any public sidewalk along a street or thoroughfare, or on any public right of way along a street or thoroughfare, or on private property dedicated to public street, sidewalk or right of way use. (Ord. 1098, 11-8-2004)
10-15I-3: PERMIT REQUIREMENTS:
A. Permit Required; Term: It is unlawful for a person to place an advertising bench in the city without first having been issued a permit by the city council. All permits shall be good for a period of two (2) calendar years from May 1 to April 30.
B. Application For Permit:
1. Applications for permits shall be made no later than March 1 of each year, and the city council shall consider all permits received at one council meeting.
2. All persons desiring to obtain or renew an advertising bench permit shall apply in writing on forms provided by the building inspections division. The application shall contain the following information:
a. A scale drawing showing the size and location of the advertising bench relative to all other objects on the property including the layout of the applicable adjacent roadways, intersections, traffic signage, sidewalks, trails, utility poles, fences, and other objects in the vicinity.
b. Name, address, and phone number of applicant.
c. Detailed plans and specifications of each proposed bench, including the general nature of the advertising matter, if any, to be posted thereon, and total square feet.
d. Current general liability certificate of insurance from an insurance company, and authorized to do business in the state of Minnesota, naming the city as additional insured, in the minimum amount of three million dollars ($3,000,000.00) for any and all claims arising out of the use or existence of the advertising bench. The certificate shall provide for automatic notification of the city with a minimum thirty (30) days' advance notice in the event of cancellation.
e. An executed hold harmless agreement from the permittee, protecting the city from any and all claims arising out of the use and existence of the advertising bench.
C. Permit Fee: The permit fee shall be as established by resolution of the city council.
D. Review Criteria; Denial Of Permit:
1. The city council, in reviewing permits for advertising benches, shall consider the following criteria:
a. Zoning district, as well as existing and future land uses, in which the advertising bench is proposed to be located.
b. Concerns of neighboring landowners, residents and businesses.
c. Design of bench and compatibility with surrounding land uses and structures.
d. Maintenance of the advertising bench.
e. Design elements, especially compatibility with streetscape themes.
f. Service level or ridership using or projected to use the bench at any particular location.
2. The council may deny any permit if:
a. The review criteria is not met; or
b. Applicant has not met performance standards in the past; or
c. Applicant is not currently meeting performance standards; or
d. Applicant has recently violated conditions of the permit; or
e. Applicant has submitted false or misleading information with the application.
E. Forfeiture Of Permit: Granting of an advertising bench permit obligates the permittee to locate a bench at the location granted within sixty (60) days after the permit is granted. Failure to locate the bench at an approved site within sixty (60) days shall be deemed an expiration of the permit for that location. (Ord. 1098, 11-8-2004)
10-15I-4: MAXIMUM NUMBER OF BENCHES; LOCATIONS:
A. Maximum Number Within City: At no time shall the number of advertising benches within the city exceed a total of twenty one (21).
B. Maximum Permitted Per Bench Company: Each applicant shall be granted no more than ten (10) bench permits per year.
C. Competing Locations: Where more than one applicant applies for the same location, the existing permittee, pending renewal, shall receive preference for that location. In the event of a new location where an existing permit is not being renewed, if there are multiple competing applications to the new location and if the multiple applications meet the performance standards, selection of the applicant shall occur by lot.
D. Approval Or Denial Of Location: At the annual time after the deadline for applications and prior to permit approval, the council shall annually determine the twenty one (21) eligible locations and shall make available at least twenty one (21) sites suitable for advertising bench location. To the extent the council does not make available a location requested by the applicant, the council shall make an alternative location available for which the applicant may apply. (Ord. 1098, 11-8-2004)
10-15I-5: PERFORMANCE STANDARDS:
All advertising benches shall conform to the following design criteria:
A. All benches shall be located in the right of way on roadways that are used as bus routes by the regional public transit authority, only at locations where a bus would stop to pick up passengers, as determined by the city council.
B. A maximum of four (4) benches (one per quadrant) shall be allowed at any intersection or roads meeting criteria above.
C. An advertising bench shall be located parallel to the nearest curb and no less than three feet (3') behind the face of said curb.
D. An advertising bench shall be installed and maintained on a durable, level surface including, but not limited to, concrete, bomanite or decorative brick. Such advertising bench shall be of sufficient weight or shall be secured in a manner to minimize the potential of accidental tipping or vandalism. No advertising bench shall be fastened, secured, or anchored to any city property including, but not limited to, city sidewalks, utility poles, and signposts without approval of the city.
E. An advertising bench shall not be located within five feet (5') of a hydrant, driveway, alley, or marked crosswalk.
F. An advertising bench shall be constructed of durable materials, including, but not limited to, concrete, wood, steel, plastic, or combination thereof, with colors limited to earthtones of subdued greens, grays, browns, reddish browns, and golds. Benches located along streets with streetscape corridor design elements shall be designed to match characteristics of the corridor. The name and phone number of the company owning the bench shall be clearly identified on the bench.
G. No advertising bench shall be more than forty four inches (44") high, nor more than thirty inches (30") wide, nor more than seven feet (7') long, overall.
H. It is the responsibility of the permittee to maintain each bench in a safe condition and to keep benches neat, clean and in usable condition. The permittee shall keep the advertising bench and bench base free of ice and snow and accessible at all times.
I. Any bench may be relocated by the permit holder in conformance with the requirements of this article, provided that the permit holder provides to the city a revised permit application. Such bench relocation shall require city council approval. The permit holder shall remove the concrete pad from the prior location and completely restore the old site.
J. Advertising matter may be displayed only on the front (roadway side) surface of the backrest of the advertising bench, and shall not exceed twelve (12) square feet in surface area. Advertisements for liquor or beer, tobacco, political advertisements, obscene, immoral or illegal matter are prohibited on all advertising bench signs. No advertising matter on any advertising bench may display the words "Stop", "Look", "Drive- In", "Danger", or any other word, phrase or symbol, fluorescent or reflective materials, or illumination device, which might interfere with, mislead or distract traffic. (Ord. 1098, 11-8-2004)
10-15I-6: REMOVAL OF BENCHES:
The owner shall remove advertising benches within thirty (30) days of permit expiration or revocation. Upon the revocation or expiration of any permit, if the owner fails promptly to remove a bench, the public works department may do so within ten (10) days after written notice given by mail, directed to the address of the owner on file, and if the owner shall fail to pay the cost of removal and storage thereof within a period of sixty (60) days after the giving of such notice, the owner's rights in said bench shall be forfeited to the city, but such forfeiture shall not excuse the owner from the payment of the cost of removal and storage of said bench up to the time of forfeiture. (Ord. 1098, 11-8-2004)
10-15I-7: INDEMNIFICATION OF CITY:
A. Indemnification Agreement: As part of the application for any advertising bench permit, the party requesting the permit shall execute an indemnification agreement with the city, indemnifying and holding the city harmless from any and all claims arising out of the existence, use, maintenance, or placement of the advertising bench, or the contents of the advertisement or other writing or depiction on the advertising bench.
B. Location And Placement: It is the sole responsibility of the party requesting the permit to choose the location and placement of the bench, subject to the provisions of this article. The city shall not be liable for any claim arising out of the location or placement of, or any other matter related to, an advertising bench.
C. Maintenance, Repair And Upkeep: The party requesting an advertising bench permit shall be solely responsible for the maintenance, repair, and upkeep of the advertising bench and surrounding area. This includes the removal of all snow, ice, and other debris located on or about the advertising bench and in the area surrounding the advertising bench. The city shall not be liable for any claim related to the maintenance, repair or upkeep of any advertising bench or surrounding area, including any claims related to the removal of snow, ice or other debris from the advertising bench or surrounding area. (Ord. 1098, 11-8-2004)
10-15J-1: PURPOSE:
The purpose of this article is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this article. (Ord. 1098, 11-8-2004)
10-15J-2: REVIEW REQUIRED; EXCEPTIONS:
A. Agricultural developments.
B. Single-family detached dwellings.
C. Two-family attached dwellings. (Ord. 1098, 11-8-2004)
10-15J-3: CONDITIONAL USE PERMIT:
10-15J-4: SKETCH PLAN:
A. Prior to the formulation of a site plan, applicants may present a sketch plan to the zoning administrator prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than two feet (2') and may include the following:
1. The proposed site with reference to existing development on adjacent properties, at least to within two hundred feet (200').
2. General location of proposed structures.
3. Tentative street arrangements, both public and private.
4. Amenities to be provided such as recreational areas, open space, walkways, etc.
5. General location of parking areas.
6. Proposed public sanitary sewer, water and storm drainage.
7. A statement showing the proposed density of the project with the method of calculating said density also shown.
B. The zoning administrator shall have the authority to refer the sketch plan to the planning commission and/or city council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the zoning administrator, planning commission, and/or city council shall be considered advisory only and shall not constitute a binding decision on the request. (Ord. 1098, 11-8-2004)
10-15J-5: MINOR PROJECTS:
A. Designation: The following shall be considered minor projects and subject to review procedures as indicated:
1. No site plan review required: Building projects that comprise less than ten percent (10%) building footprint expansion (up to 500 square feet) and/or twenty five percent (25%) increase in the assessed value of the structure as determined by the county assessor.
2. Administrative review: Building projects that comprise a ten (10) to thirty percent (30%) building footprint expansion and/or twenty five (25) to fifty percent (50%) increase in the assessed value of the structure as determined by the county assessor.
B. Procedure: Administrative review approval of eligible site plans shall be subject to the following procedural requirements:
1. Plan review will be in accordance with established procedures including the coordinated review by other city departments and divisions as determined by the zoning administrator.
2. Site plans involving properties within approved planned unit developments shall be subject to applicable evaluation criteria in this article.
3. Any variance proposal will automatically require the entire application to be processed in accordance with the planning commission review and city council approval provisions of section 10-3-4 of this title.
4. Administrative approval including all applicable conditions and requirements shall be made in writing by the zoning administrator. The applicant, in addition to all other applicable requirements, shall submit a written acknowledgment of that approval prior to the commencement of any development and prior to the issuance of any permits.
5. Any unresolved dispute as to administrative interpretation of this code, this title, or policy requirements may be formally appealed pursuant to this article.
6. Site plans involving conditionally permitted uses are subject to the review requirements found in chapter 3, article A of this title.
C. Certification Of Taxes Paid: Prior to approving an application for a minor project, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the minor project application relates. (Ord. 1098, 11-8-2004)
10-15J-6: MAJOR PROJECTS:
A. Definition: A "major project" is defined as one or both of the following and subject to review as prescribed in this article:
1. Construction on an existing parcel of new structures that may or may not be in conjunction with site improvements on redevelopment site or vacant undeveloped lands; and/or
2. Building projects that comprise more than a thirty percent (30%) building footprint expansion and/or fifty percent (50%) increase in the assessed value of the structure as determined by the county assessor. (Ord. 1098, 11-8-2004)
B. Procedure:
1. Certificate of survey is required.
2. Request for site plan approval, as provided within this article, shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as set out in section 10-3-8 of this title. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the zoning administrator, fully explaining the proposed change, development, or use and a list of property owners within three hundred fifty feet (350') of the subject property in a format prescribed by the zoning administrator. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements. (Ord. 1098, 11-8-2004; amd. 2008 Code)
3. The applicant shall supply proof of ownership of the property for which the site plan approval is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested site plan approval.
4. The zoning administrator shall coordinate the review of the site plan and provide general assistance in preparing a recommendation on the action to the planning commission and the city council.
5. The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this title. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
6. The applicant or a representative thereof may appear before the planning commission in order to present information and answer questions concerning the proposed request.
7. The planning commission shall recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this article.
8. Upon receiving the report and recommendation of the planning commission, the city administrator shall schedule the application for consideration by the city council. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.
9. The applicant or a representative thereof may appear before the city council in order to present information and answer questions concerning the proposed request.
10. Approval of the site plan shall require passage by a majority vote of the city council.
11. Pursuant to Minnesota statutes section 15.99, an application for site plan approval shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision making period an additional sixty (60) days unless this limitation is waived by the applicant.
C. Certification Of Taxes Paid: Prior to approving an application for a major project, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the major project application relates. (Ord. 1098, 11-8-2004)
10-15J-7: EVALUATION CRITERIA:
The planning commission and city council shall evaluate the effects of the proposed site plans. This review shall be based upon compliance with the city comprehensive plan, this title, and other city codes and policies. (Ord. 1098, 11-8-2004)
10-15J-8: INFORMATION REQUIRED:
The information required for all site plan applications generally consists of the following items and shall be submitted when requested and specified by the zoning administrator:
A. Site Plan:
1. Certificate of survey.
2. Name and address of developer/owner.
3. Name and address of architect/designer.
4. Date of plan preparation.
5. Dates and description of all revisions.
6. Name of project or development.
7. Scale of plan (engineering scale only, at 1 inch equals 50 feet or less).
8. North point indication.
9. Lot dimension and area.
10. Required and proposed setbacks.
11. Location, setback and dimension of all buildings on the lot including both existing and proposed structures.
12. Location of all adjacent buildings located within one hundred feet (100') of the exterior boundaries of the property in question.
13. Location, number, dimensions, and type of surfacing material of existing and proposed parking spaces.
14. Location, number, dimensions, and type of surfacing material of existing and proposed loading spaces.
15. Curb cuts and driveways.
16. Type of surfacing material.
17. Vehicular circulation.
18. Sidewalks and walkways.
19. Location and type of all proposed lighting.
20. Location of recreational and service areas.
21. Location of rooftop equipment and proposed screening.
22. Provisions for storage and disposal of waste, garbage, and recyclables.
23. Location, sizing, and type of water and sewer system mains and fire hydrants closest to the property and proposed service connections.
B. Grading/Storm Water Drainage Plan:
1. Existing contours at two foot (2') intervals.
2. Proposed grade elevations, two foot (2') maximum intervals.
3. Drainage plan including configuration of drainage areas and calculations.
4. Storm sewer, catch basins, invert elevations, type of castings, and type of materials.
5. Spot elevations.
6. Proposed driveway grades.
7. Surface water ponding and treatment areas.
8. Erosion control measures.
9. Calculation of total square footage of site to be covered with impervious surfaces.
C. Landscape Plan:
1. Planting schedule (table) containing:
a. Symbols.
b. Quantities.
c. Common names.
d. Botanical names.
e. Sizes of plant material.
f. Root specification (bare root, balled and burlapped, potted, etc.).
g. Special planting instructions.
2. Location, type and size of all existing significant trees to be removed or preserved.
3. Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).
4. Typical sections in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.
5. Typical sections of landscape islands and planter beds with identification of materials used.
6. Details of planting beds and foundation plantings.
7. Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.
8. Delineation of both sodded and seeded areas with respective areas in square feet.
9. Coverage plan for underground irrigation system, if any.
10. Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.
11. Other existing or proposed conditions which could be expected to affect landscaping.
D. Other Plans And Information: (May be required by the zoning administrator.)
1. Legal description of property under consideration.
2. Proof of ownership of the land for which a site plan approval has been requested.
3. Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).
4. "Typical" floor plan and "typical" room plan.
5. Fire protection plan.
6. Extent of and any proposed modifications to land within the wetland, shoreland or floodplain district as described and regulated in this title.
7. Wetland delineation and report.
8. Type, location and size (area and height) of all signs to be erected upon the property in question.
9. Certification that all property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the application relates have been paid. (Ord. 1098, 11-8-2004)
10-15J-9: LAPSE OF APPROVAL:
A. Unless otherwise specified by the zoning administrator or city council as may be applicable, the site plan approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this article.
B. An application to extend the approval of a site plan for up to an additional one year shall be submitted to the zoning administrator not less than thirty (30) days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the site plan approval, and it shall state the additional time being requested to begin the proposed construction. The request shall be heard and decided by the zoning administrator prior to the lapse of approval of the original request. After two (2) years have expired without substantially commencing construction, the site plan shall become null and void, and no further extensions can be granted. The site plan review process must be reinitiated for projects that have exceeded two (2) years.
C. In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the zoning administrator or the city council, as applicable, shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay. (Ord. 1098, 11-8-2004)
10-15J-10: SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL GUARANTEE:
Following the approval of the site plan required by this article and before issuance of a building permit, the applicant, as required by the city, shall guarantee to the city the completion of all private exterior amenities as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as follows:
A. The applicant shall execute the site improvement performance agreement on forms provided by the city. The agreement shall be approved as to form and content by the city attorney and shall define the required work and project completion schedule and reflect the terms of this article as to the required guarantee for the performance of the work by the applicant.
B. The required work includes, but is not limited to, any necessary public improvements (such as sanitary sewer or municipal water), private exterior amenities such as landscaping, private driveways, parking areas, recreational fields, structures or buildings, drainage systems, water quality ponds, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan and reforestation plan, if applicable.
C. A financial guarantee shall be submitted with the executed site performance agreement as provided herein:
1. Financial guarantees acceptable to the city include cash escrow, an irrevocable letter of credit, or other financial instruments which provide equivalent assurance to the city and which are approved by the zoning administrator.
2. The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the responsibility of the applicant to ensure that a submitted financial guarantee shall continue in full force and effect until the zoning administrator shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this section.
3. When any instrument submitted as a financial guarantee contains provision for an automatic expiration date, after which the instrument may not be drawn upon, the expiration date shall be November 15. Further, it shall be the responsibility of the applicant to notify the city in writing, by certified mail, at least sixty (60) days in advance of the expiration date of the intention to renew the instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided thirty (30) days prior to the expiration date; if the instrument is not to be renewed, and has not been released by the zoning administrator, another acceptable financial guarantee in the appropriate amount shall be submitted at least thirty (30) days prior to the expiration. The term of any extension shall be approved by the zoning administrator. Upon receipt of an acceptable substitute financial guarantee, the zoning administrator may release the original guarantee.
4. The amount of the financial guarantee shall be established by the zoning administrator based upon an itemized estimate of the cost of all required work. A cash deposit or irrevocable letter of credit shall be in the amount of one hundred twenty five percent (125%) of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the zoning administrator.
5. The applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work.
6. The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture to the city to cure a default or reimburse the city the cost of enforcement measures. As various portions of such required work are completed by the applicant and approved by the city, the zoning administrator may release such portion of the financial guarantee as is attributable to such completed work. Landscaping materials shall have a two (2) year guarantee provided to the city.
7. The applicant shall notify the city in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the zoning administrator shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the average standards for the particular industry, profession, or material used in the performance of the work. Any required work failing to meet such standards shall not be deemed to be complete, and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a notice of the date of actual completion shall be given to the applicant, and appropriate action to release or to reduce the amount of the financial guarantee shall be taken by the zoning administrator. (Ord. 1098, 11-8-2004)
10-15J-11: COMPLIANCE WITH BUILDING AND FIRE CODES:
The review and approval of site improvements pursuant to the requirements of city adopted building and fire codes shall be in addition to the site plan review process established under this article. The site plan approval process does not imply compliance with the requirements of the building and fire codes. (Ord. 1098, 11-8-2004)
10-15J-12: PLAN AGREEMENTS:
All site and construction plans officially submitted to the city shall be treated as a formal agreement between the building contractor and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the zoning administrator for review and approval. Significant changes as deemed by the zoning administrator may be subject to council review and approval. (Ord. 1098, 11-8-2004)
10-15J-13: ENFORCEMENT:
The zoning administrator shall have the authority to order the stopping of any and all site improvement activities when and where a violation of the provisions of this article has been officially documented by the building official. (Ord. 1098, 11-8-2004)
10-15J-14: AMENDMENTS TO APPROVED SITE PLANS:
A. Within the I-2 district only, modifications to the previously approved site plan for a major or minor project shall be allowed by administrative review subject to the following procedural requirements:
1. Plan review will be in accordance with established procedures on file with the planning department including the coordinated review by other city departments and divisions as determined by the zoning administrator.
2. Administrative approval including all applicable conditions and requirements shall be made in writing by the zoning administrator. The applicant, in addition to all other applicable requirements, shall submit a written acknowledgment of that approval prior to the commencement of any development and prior to the issuance of any permits.
3. Any unresolved dispute as to administrative interpretation of this code, this title, or policy requirements may be formally appealed pursuant to this title.
4. Any variance proposal will automatically require the entire application to be processed in accordance with the planning commission review and city council approval provisions of section 10-3-4 of this title.
5. Site plan modifications involving conditionally permitted uses are subject to the review requirements found in chapter 3, article A of this title.
6. The zoning administrator may waive or modify data submission application requirements if the zoning administrator determines previously made submissions for the property substantially address the information needed to evaluate the requested modifications. (Ord. 1322, 10-10-2016)