Lake Crystal City Zoning Code

GENERAL REGULATIONS

§ 156.55 STANDARDS.

The guiding of land development into a compatible relationship of uses depends upon the maintenance of certain standards. In the various use districts, the permitted, accessory and conditional uses shall conform to the standards enumerated in this section.

(Ord. 266, passed 5- -2008)

§ 156.56 SIGN REGULATIONS.

All signs hereafter erected or maintained, except official, traffic and street signs, shall conform with the provisions of this section, and any other ordinance or regulations of the city.

(A) General sign provisions. The following regulations shall apply to all signs hereinafter permitted in all districts.

(1) Illuminated signs giving off intermittent or rotating beams shall not be permitted in any district.

(2) No sign shall project more than 48 inches over a public sidewalk, except that the City Council may, after a report from the Planning Commission, grant a conditional use permit for temporary signs and decorations to be strung across the right-of-way.

(3) No sign shall be placed that resembles any official marker erected by a governmental agency or display such words as “Stop” or “Danger”.

(4) No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress for any building or structure.

(5) The owner, lessee or manager of a ground sign, and the owner of the land on which the same is located, shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which sign is located.

(6) Advertising signs, business signs and name plate signs which may be or may hereafter become unsafe or in a condition of disrepair shall be repaired or removed by the owner, or owner of the property upon which the sign stands, upon notice of the City Council.

(7) Where a sign is illuminated, the source of light shall not shine directly upon any part of a residence in any of the classes of residence districts.

(B) Signs in R-1 Agriculture Residence Districts, R-2 Single-Family Residence Districts and R-3 Multiple-Family Residence Districts. In any class of residence district, no business sign, name plate sign or advertising sign shall be erected except the following:

(1) A name plate sign, or professional name plate sign, identifying the owner or occupant of a building or dwelling unit, provided the surface area does not exceed two square feet;

(2) A sign pertaining to the lease or sale of a building or property, provided the sign shall not exceed 12 square feet in surface area and shall not be illuminated;

(3) Temporary unilluminated signs identifying an engineer, architect, contractor or product engaged in or used in the construction of a building, provided the signs shall not exceed 12 square feet each in surface area, and are no more than 15 feet in height, and provided the signs are removed prior to occupancy of the building;

(4) One identification sign, not to exceed 30 square feet in area, for the following uses: church, school, hospital, sanitarium, club, library or similar uses. These signs shall be solely for the purpose of displaying the name of the institution and its activities or services. It may be illuminated but not flashing; and

(5) Directional signs in any parking area necessary for the orderly movement of traffic, provided that the sign shall not be used as advertising space and shall not be illuminated.

(C) Signs in B-1 Limited Business Districts, B-2 Central Business Districts, I-1 General Industry Districts and I-2 Limited Industry Districts. In Limited and General Business Districts, General and Limited Industry Districts, business signs, advertising signs and name plate signs are permitted subject to the following regulations:

(1) Signs as permitted and regulated in division (B) above;

(2) Business signs, the total surface area of all business signs on a lot shall not exceed the sum of two square feet per lineal foot of lot frontages. No single business sign surface shall exceed 75 square feet in area;

(3) Advertising signs (billboards); advertising sign structures shall be limited to not more than one for a lot of 100 foot frontage or less and to only one per each additional 100 feet of additional lot frontage. The structure may not contain more than two signs per facing nor exceed 55 feet in total length. No advertising sign shall be erected within 50 feet of an adjoining residential district; and

(4) No sign shall project higher than 30 feet above average grade at the building line.

(Ord. 266, passed 5- -2008; Ord. 295, passed 2-1-2016)

§ 156.57 OFF-STREET PARKING AND LOADING REGULATIONS.

All off-street parking and loading shall conform with the provisions of this section and any other ordinances and regulations of the city, and shall apply to all buildings and uses of land established after the effective date of this chapter.

(A) Minimum size regulations. Each off-street parking space shall contain a minimum area of not less than 260 square feet including access drives, a width of not less than eight and one-half feet, and a depth of not less than 20 feet. Each space shall be adequately served by access drives. Each off-street loading space shall contain a minimum area of not less than 500 square feet.

(B) Reduction and use of parking and loading space. Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under this chapter for a similar new building or use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter. The required parking or loading space shall not be used for storage of goods or for storage of vehicles that are inoperable or for sale or rent.

(1) Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

(2) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the City Planning Commission.

(D) Yards.

(1) In all classes of R Residence Districts, off-street parking and loading facilities shall be subject to the front yard, side yard and rear yard regulations for the use district in which the parking is located.

(2) In the B-1 and B-2 Business Districts, I-1 and I-2 Industry Districts, no off-street parking or loading shall be located within ten feet of any property line that abuts a street right-of-way or any of the classes of residence districts.

(E) Combined facilities. Combined or joint parking facilities may be provided for one or more buildings or uses in R Residence Districts, in B-1 and B-2 Business Districts, I-1 and in I-2 Industry Districts, provided that the total number of spaces shall equal the sum of the requirements for each building or use.

(F) Fences and planting screens. Off-street parking and loading areas adjoining a Residence District shall be screened by a fence of adequate design or a planting screen; plans of the screen or fence shall be submitted for approval as a part of the required site or plot plan, and the fence or landscaping shall be installed as a part of the initial construction.

(G) Access.

(1) Parking and loading space shall have proper access from a public right-of-way.

(2) The number and width of access drives shall be so located as to minimize traffic congestion and abnormal traffic congestion.

(3) Vehicular access to business or industrial uses across property in an R Residence District shall be prohibited.

(4) No dwelling shall hereafter be erected or altered unless there is direct access to it from a street, highway or alley through an open space at least as wide as the dwelling and on the same lot. No building shall hereafter be erected or altered so as to close the present means of access to diminish this means of access to a width less than the width of the existing dwelling.

(H) Location of parking facilities. Required off-street parking space shall be provided on the same lot as the principal building or use; the B-2 Central Business District shall be exempted from the requirement.

(I) Construction and maintenance.

(1) In B-1 and B-2 Business Districts, parking areas and access drives shall be covered with a dust-free, all-weather surface with proper surface drainage to specifications required by the City Council.

(2) The operator of the principal building or use shall maintain parking and loading areas, access drives and yard areas in a neat and adequate manner.

(J) Lighting. Lighting shall be reflected away from the public right-of-way and nearby or adjacent R Residence Districts.

(K) Required site plan. Any application for a building permit or for a certificate of occupancy shall include a site plan or a plot plan drawn to scale and dimensioned showing off-street parking and loading space to be provided in compliance with this chapter.

(L) Required number of off-street parking spaces.

(1) Off-street parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use.

(2) The minimum number of required off-street parking spaced for the following uses shall be as follows:

(a) One-family detached dwelling: one parking space. No garage shall be converted into living space unless other acceptable off-street parking space is provided;

(b) One-family attached and two-family dwelling: one parking space for each family or dwelling unit;

(d) Boarding and lodging house: one parking space for each two persons for whom sleeping accommodations are provided;

(e) Convalescent or nursing home: one parking space for each four beds for which sleeping accommodations are provided;

(f) Hospitals: one parking space for each two hospital beds plus one parking space for each employee on the major shift;

(g) Public park and recreation area: five parking spaces for each acre of park, playground or playfield over two acres;

(h) Churches: one parking space for each four seats based on the design capacity of the main sanctuary;

(i) Public elementary school or similar private school: two spaces per classroom;

(j) Public junior and senior high school or similar private school: one parking space for each classroom, plus one parking space for each ten students, based on design capacity;

(k) Municipal administration buildings, community center, public library. Museum, art galleries, post office and other municipal service buildings: ten parking spaces plus one parking space for each 500 square feet of floor area over 1,000 square feet of floor area;

(l) Golf course, golf clubhouse, country club, swimming club, tennis club, public swimming pool: 20 spaces plus one space for each 500 square feet of floor area in the principal structure;

(m) Professional offices, medical and dental clinics, and animal hospital: four parking spaces plus one parking space for each 500 square feet of floor area over 1,000 square feet of floor area;

(n) Office buildings: ten parking spaces plus one parking space for each 500 square feet of floor area over 1,000 square feet of floor area;

(o) Shopping center: where several business uses are grouped together on a single site, off-street automobile parking shall be provided in a ratio of not less than three square feet of gross parking area for each one square foot of gross floor area; separate off-street space shall be provided for loading and unloading;

(p) Automobile service station: four parking spaces plus two parking spaces for each service stall; the parking spaces shall be in addition to parking space required for gas pump areas;

(q) Auto sales, trailer sales, marine and boat sales, implement sales, garden supply store, building material sale, auto repair: six parking spaces plus one parking space for each 500 square feet of floor area over 1,000 square feet;

(r) Bowling alley: five parking spaces for each bowling lane;

(s) Drive-in restaurant: 20 parking spaces or one space for each 20 square feet of floor area, whichever is greater;

(t) Motel or motor hotel: one parking space for each rental room or suite;

(u) Miniature golf course, archery range or golf driving rang: ten parking spaces;

(v) Assembly or exhibition hall, auditorium, theater or sports arena: one parking space for each four seats based upon design capacity;

(w) Restaurant, café, nightclub, tavern or bar: one parking space for each 75 square feet of floor area;

(x) Skating rink or dance hall: one parking space for each 200 square feet of floor area;

(y) Retail stores and service establishments: one off-street parking space for each 100 square feet of floor area, plus one space for each employee on the major shift or one off-street parking space for each 350 square feet of gross floor area within the building, whichever is greater;

(z) Research, experimental or testing stations: one off-street parking space for each employee on the major shift or one off-street parking space for each 500 square feet of gross floor area within the building, whichever is the greater;

(aa) Wholesale business establishments: one off-street parking space for each employee on the major shift or one space for each 2,000 square feet of gross floor area, whichever is greater, plus one off-street parking space for each company motor vehicle when customarily kept on the premises;

(bb) Storage or warehouse establishments: one off-street parking space for each two employees on the major shift or one space for each 2,000 square feet of floor area, whichever is larger, plus one space for each company motor vehicle when customarily kept on the premises; and

(cc) Manufacturing or processing plant: one off-street parking space for each employee on the major shift or one off-street parking space for each 350 square feet of gross floor area within the building, whichever is the greater, plus one space for each company motor vehicle when customarily kept on the premises.

(M) Required loading areas. Loading and unloading areas for goods, supplies and services shall be sufficient to meet the requirements of each use.

(Ord. 266, passed 5- -2008)

§ 156.58 PERFORMANCE STANDARDS.

It is the intent of this section to provide that in all B-1 and B-2 Business Districts and in all I-1 and I-2 Industry Districts, business industry and related activities shall be established and maintained with proper appearance from streets and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties by the control of the following.

(A) Relationship to other laws. Regardless of any other provision of this chapter, no land shall be used and no structure erected and maintained in violation of any state or federal pollution control or environmental protection law or regulation.

(B) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs and the like. Any areas left in a natural state shall be properly maintained in a slightly and well-kept condition. All landscaping and weed control shall be maintained in compliance of other city ordinances or state statutes regulating thereof. Yards adjoining any residence district shall be landscaped with a buffer screen. Plans of the screens shall be submitted for approval as apart of the site plan and installed prior to issuance of a building permit for any lot within the district.

(C) Storage of materials. Open storage of materials in any required front, side or rear yard shall be prohibited. Any other outside storage shall be located or screened so as not to be visible from any Residence District.

(D) Noise. Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence beat frequency, shrillness or intensity, except for noise from agricultural sources. Noise generated by agricultural use shall be exempted.

(E) Odors. Any use established, enlarged or remodeled shall be so operated as to prevent the emission of odorous matter of such quantity as to be readily detectable at any point beyond the lot line of the site on which the use is located. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a building permit, except odors from agricultural sources.

(F) Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties.

(G) Vibration. Any use creating periodic earth-shaking vibrations shall be prohibited if the vibrations are perceptible beyond the lot line of the site on which the use is located. This standard shall not apply to vibrations created during the process of construction.

(H) Glare and heat. Any use producing intense heat or light transmission shall be performed with the necessary shielding to prevent the heat or light from being detectable at the lot line of the site on which the use is located.

(I) Smoke and particulate matter. Any use established, enlarged or remodeled after the effective date of this chapter shall be so operated as to meet the minimum requirements of the State Pollution Control Agency for the emission of smoke or particulate matter.

(J) 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 the use is located, toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business. Any such use shall not discharge into the atmosphere, water or subsoil, any toxic or noxious matter.

(K) Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from any residence. This section shall not apply the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes.

(L) Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the State Pollution Control Agency.

(M) Electrical emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

(N) Compliance. In order to ensure compliance with the performance standards set forth above, the City Council may require the owner or operator of any permitted or conditional use to have made the investigations and tests as may be required to show adherence to the performance standards. The investigations and tests as are required to be made shall be carried out by an independent testing organization as may be selected by the city.

(Ord. 266, passed 5- -2008)

§ 156.59 ADDITIONAL REQUIREMENTS, EXCEPTIONS AND MODIFICATIONS.

(A) Height modifications. Height limitations set forth elsewhere in this chapter may be increased by 100% when applied to the following:

(1) Monuments;

(2) Water towers;

(3) Flag poles;

(4) Chimneys, smokestacks and antennas;

(5) Cooling towers; and

(6) Grain elevators.

(B) Yard modifications. Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications.

(1) Cornices, canopies or eaves may extend into the required front yard a distance not exceeding four feet, six inches.

(2) Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches.

(3) A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six feet.

(4) The above enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace or outside stairway shall project into the required side yard distance.

(5) A wall, fence or hedge may occupy part of the required front, side or rear yards.

(6) The required front yard of a corner lot shall not contain any wall, fence or other structure, tree, shrub or other growth which may cause danger to traffic on a street or public road by obscuring the view.

(7) No trees shall be planted in the right-of-way of any public utilities easement.

(8) On double frontage lots, the required front yard shall be provided on both streets.

(9) In determining the depth of rear yard for any building where the rear yard opens into an alley, one-half the width of the alley, but not exceeding ten feet, may be considered as a portion of the rear yard.

(1) In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of the chapter applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building.

(2) A detached accessory building shall not be located in any required front or side yard.

(3) A detached accessory building in any class of R Residence District not over one story and not exceeding 14 feet in height shall occupy not more than 30% of the area of any rear yard, provided further that no detached accessory building shall be located within five feet of any rear lot line or utility easement.

(4) A detached accessory building in a B-1 Limited Business, B-2 Central Business or I-1 General Industry District, or I-2 Limited Industry District shall conform to the development standards of the district in which it is located.

(D) Fences.

(1) Building permits are required to construct a fence in any location within the city limits.

(2) A fence may be constructed to the property line or right-of-way line, in any class of R Residence District. The individual(s) constructing the fence is responsible for locating the abutting property line.

(3) The property owner constructing a fence up to the property line or right-of-way line must obtain written permission from the abutting property owners to construct and maintain the fence.

(4) A fence shall not be constructed which has a height exceeding six feet, measured from ground level to the top of the fences, in any class of R Residence District.

(5) A fence constructed in any class of R Residence District shall be constructed so that the decorative side of the fence faces the abutting street or properties and the back side of the fence faces the property of the individual(s) constructing the fence.

(6) Existing fences are hereby approved. At the time an existing fence is replaced or structural repairs made, such as posts or fencing material, the new or repaired fence must comply with sections divisions (D)(1), (D)(2), (D)(3), (D)(4), (D)(5) above or (D)(7) below, or division (E) below.

(7) A fence shall not be constructed closer than ten feet to a property line or right-of-way line where there are overhead or underground existing or planned utility infrastructure. The city and the city municipal utility departments reserve existing and future utility easements along property lines and right-of-way lines, and the access thereto.

(E) Additional requirements for one-family detached dwellings.

(1) All new one-family detached dwellings constructed shall have a minimum width of 24 feet, in any of the classes of residence districts.

(2) All new one-family detached dwellings constructed shall have a foundation, in any of the classes of residence districts:

(a) Constructed of concrete block, poured concrete or treated lumber;

(b) Constructed as to encompass the perimeter dimensions of the single-family dwelling unit, ground level perimeter; and

(3) All new one-family detached dwellings constructed shall have a roof overhang of at least 12 inches in any of the classes of residence districts.

(F) Swimming pools.

(1) A residential swimming pool is defined as any pool which contains more than 3,000 gallons of water and/or has a depth of more than three and one-half feet.

(2) No residential swimming pool may be constructed without first obtaining a building or land use permit.

(3) No residential swimming pool may be built within ten feet of any side or rear lot line or within ten feet of any principal structure.

(4) No residential swimming pool may be built within a required front yard or within 25 feet of any front yard lot line.

(5) Construction of a residential swimming pool may not be started without having the same fully enclosed with a fence, which may be temporary or portable, not less than five feet in height.

(6) No residential swimming pool may be constructed beneath overhead utility lines of any type or above underground utility lines of any type.

(7) No residential swimming pool may be constructed within 20 feet of any on-site sewer system facility.

(8) No residential swimming pool may be finished without completely enclosing it with a permanent wall or fence of the non-climbing type so as to be impenetrable by toddlers, affording not external hand holds, and a minimum of five feet in height. No integral part of any residential swimming pool shall constitute compliance with this division (F). All the enclosures shall be equipped with a self-locking and self-closing gate. The locking device shall be located within 12 inches of the top of the fence and opened by key only. The opening between the bottom of the fence or gate and the ground of other surface shall not be more than three inches.

(9) No residential swimming pool shall be constructed or maintained which is not enclosed within a fence or wall as described in the foregoing divisions or a latchable cover. The cover shall be constructed of a material which cannot be penetrated by toddlers.

(10) No outdoor lighting may be maintained which is permitted to spill or shine upon properties adjacent thereto which are not under the same ownership.

(11) All residential swimming pools constructed prior to the effective date of this section shall substantially comply with this section within 60 days from the effective date hereof. Owners of pools constructed prior to the effective date of this section may make a written request for an exception.

(12) Swimming pool regulations as stated in this division (F) shall not apply to seasonally erected swimming pools, provided all means of access to the seasonally erected swimming pool are removed and the swimming pool is covered when not in use.

(G) Facade standards.

(1) Architectural and aesthetic compatibility. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties.

(2) Steel or aluminum buildings. Except in association with farming activities, no galvanized or unfinished steel or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosion resistant finish shall be permitted in any zoning district.

(3) Building type and construction in R-1, R-2, and R-3 Residential Zoning Districts:

(a) The exterior walls of all residential principal and accessory structures shall be in similar appearance to normal wood or masonry residential construction.

(b) Metal of any kind is prohibited as a primary facade material (excluding steel or aluminum lap siding). Metal may be used as trim or accent up to 20% of any facade.

(H) Portable temporary storage units. Portable temporary storage units including, but not limited to, cargo containers, portable on-demand storage units, and semi-trailers, are not allowed as permanent storage structures in any residential zoning district, B-1 Limited Business District or B-2 General Business District. Portable temporary storage units being used for relocation and improvement projects are permitted in these zoning districts subject to the following conditions:

(1) The portable temporary storage unit is enclosed and secure.

(2) The portable temporary storage unit is in a condition free from rust, peeling paint, and other forms of visible deterioration.

(3) The portable temporary storage unit is located on a property for no more than 30 consecutive days in one calendar year, unless there is an active building permit in place for the property, in which case the portable temporary storage unit may be located on the property for no more than 90 consecutive days.

(4) The portable temporary storage unit is located on a driveway or hard surface area in the front yard, must be set back a minimum of 15 feet from the public street curb and five feet from a private street curb, and five feet from side property lines, and may not intrude on sidewalks.

(5) No permit is required for the portable temporary storage unit. The city may require information appertaining to the dates upon which the portable temporary storage unit was placed on a property and when it will be removed if concerns are raised over the duration of time during which the storage unit is located on the property.

(Ord. 266, passed 5- -2008; Ord. 282, passed 7-16-2012; Ord. 2017-05, passed 10-16-2017; Ord. 2020-01, passed 2-18-2020)

§ 156.60 ENVIRONMENTAL REVIEW PROGRAM.

(A) Adoption by reference of certain terms and regulations for the administration of the Lake Crystal Environmental Review Program. The provisions of the rules for the Environmental Review Program, 6 MCAR 3.021 to 3.047, one copy of which is on file in the office of the city administrative offices, are hereby adopted, together with the other provisions of this chapter, as the environmental review operating procedures this city will follow in implementing the provisions of M.S. Chapter 116D, as it may be amended from time to time, relating to the Environmental Review Program and any rules adopted thereunder by the State Environmental Quality Board. All terms used in this chapter shall have the same meaning as the terms used in M.S. Ch. 116D, as it may be amended from time to time, and the rules adopted thereunder.

(B) Cost of preparation and review.

(1) Information to be provided. The applicant for a permit for any action for which environmental documents are required either by state law or rules or by the City Council shall supply in the manner prescribed by the city administrative offices all unprivileged data or information reasonably requested by the city that the applicant has in his or her possession or to which he or she has reasonable access.

(2) Environmental assessment worksheets. The applicant for a permit or any action for which an environmental assessment worksheet (EAW) is required either by state law or rules or by the City Council shall pay all costs of preparation and review of the EAW, and, upon the request of and in the manner prescribed by the city administrative offices shall prepare a draft EAW and supply all information necessary to complete that document.

(3) Environmental impact statement. The city and the applicant for a permit for any action for which an environmental impact statement (EIS) is required shall comply with the provisions of the rules governing assessment of costs for environmental impact statements, one copy of which is on file in the city administrative offices, unless the applicant and the City Council provide otherwise by a written agreement.

(4) Payment of costs. No permit for an action for which an EAW or an EIS is required shall be issued until all costs of preparation and review which are to be paid by the applicant are paid, and all information required is supplied, and until the environmental review process has been completed as provided in this chapter and the rules adopted by reference by this chapter, and pursuant to any written agreement entered into by the applicant for the permit or permits and the City Council under the provision of division (B)(5) below.

(5) Agreements concerning cost of preparation and review. The applicant for a permit for any action for which an EAW or EIS is required and the City Council may, in writing, agree as to a different division of the costs of preparation and review of any EAW or EIS as provided in 6 MCAR 3.042.

(1) The City Administrator shall be the person responsible for the administration of the Environmental Review Program, this chapter and the rules adopted by reference by this chapter.

(2) The City Administrator shall be responsible for determining whether an action for which a permit is required is an action for which an EAW is mandatory under 6 MCAR 3.024. The City Administrator shall also determine those proposed actions for which an optional EAW may be required under the provisions of the chapter and shall notify the Planning Commission and the City Council of these proposed actions.

(3) All EAWs and EISs shall be prepared under the supervision of the City Administrator, reviewed by the Planning Commission and reviewed and approved by the City Council.

(4) When reviewing an EAW or EIS, the City Administrator and the Planning Commission may suggest design alterations which would lessen the environmental impact of the action. The City Council may required these design alterations to be made as a condition for issuing the permit when it finds that the design alterations are necessary to lessen the environmental impact of the action.

(5) After an EAW is prepared, the Planning Commission shall review the EAW and recommend to the City Council whether or not it should require the preparation of an EIS. The City Council shall require an EIS when it finds under 6 MCAR 3.025 that an action is major and has potential for significant environmental effects.

(D) Optional environmental assessment worksheet.

(1) The City Council may, upon recommendation by the City Administrator require that an optional EAW by prepared on any proposed action if the action may be a major action and appears to have the potential for significant environmental effects.

(2) The following guidelines shall also be considered in determining whether an optional EAW shall be required:

(a) Is the action to be in or near an area that is considered to be environmentally sensitive or aesthetically pleasing;

(b) Is the action likely to have disruptive effects such as generating traffic and noise; and

(E) Enforcement and penalty.

(1) No permit shall be issued for a project for which environmental documents are required until the entire environmental review procedures established by this chapter are completed.

(2) Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by § 10.99. Each day that the violation is permitted to exist constitutes a separate offense.

(3) No work shall commence and any work in progress on any project for which environmental documents are required shall cease until the environmental review procedures established by this chapter are fully complied with.

(Ord. 266, passed 5- -2008) Penalty, see § 10.99

§ 156.61 HOME OCCUPATIONS.

Home occupations are permitted in conjunction with any residential use subject to the following limitations and restrictions.

(A) No more than one person other than the members of the family occupying the premises shall be employed in conjunction with a permitted home occupation.

(B) The home occupation shall be incidental and subordinate to the use of the premises for residential purposes.

(D) The home occupation shall be conducted wholly within the dwelling. There shall be not exterior storage of materials used in conjunction with the home occupation.

(E) No traffic shall be generated by the home occupation beyond that which is reasonable and normal for the area in which it is located.

(F) Only one non-illuminated sign not to exceed two square feet shall be allowed in conjunction with the home occupation.

(G) No equipment or process shall be used in such home occupation to create noise, vibration, glare, fumes, odors or electrical interference detectable off the premises.

(H) The home occupation shall not be objectionable to neighbors due to hours of operation.

(I) There shall be no display or evidence apparent from the exterior of the lot that the premises are being used for any purpose other than that of a dwelling.

(Ord. 266, passed 5- -2008) Penalty, see § 10.99

§ 156.62 SOLAR ENERGY SYSTEMS.

(A) Purpose and intent. The purpose of this section is to facilitate the construction, installation and operation of solar energy systems in the city in a manner that protects the health, safety and welfare of the public.

(B) Uses.

(1) Roof-mounted solar energy systems and ground-mounted solar energy systems. Roof-mounted solar energy systems and ground-mounted solar energy systems, subject to the regulations and requirements of this section, are allowable as an accessory use in all zoning districts; and

(2) Community solar gardens and solar farms. Community solar gardens or solar farms, subject to the regulations and requirements of this section, may be allowed as a principle or accessory, conditional use within the following zoning districts: R-1 Agricultural Residence District, I-1 General Industrial District and I-2 Limited Industry District.

(C) Solar energy systems. The following standards apply to solar energy systems, subject to standards of the applicable zoning district in which they are located.

(1) Standards.

(a) Height. Roof-mounted solar energy systems shall comply, at minimum, with the height standards of the applicable zoning district and structure type (principal or accessory), however; they shall not project beyond the peak of the roof and shall not be more than three feet, measured in a vertical line, above the roof surface to which they are attached. Ground-mounted solar energy systems shall not exceed 15 feet in height.

(b) Location. Ground-mounted solar energy systems must be located in the rear yard only.

(c) Setbacks. Ground mounted solar energy systems shall comply with the accessory structure setback standards for the applicable zoning district in which they are located. Roof-mounted solar energy systems shall comply with all building setbacks in the applicable zoning district and structure type (principal or accessory) on which they are mounted and shall not extend beyond the exterior perimeter of the building on which the system is mounted. Community solar gardens or solar farms shall comply with the principal structure setback standards for the applicable zoning district in which they are located.

(d) Coverage. Roof-mounted solar energy systems shall not cover more than 80% of the total area of the roof. Solar energy systems must have one foot of clearance around all edges to facilitate emergency responder access.

(e) Feeder lines. All power exterior electrical or other service lines must be buried below the surface of the ground.

(f) Exemption. Building integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element.

(2) Safety.

(a) Compliance with Building Codes. All solar energy systems shall comply with the State Building Code and any local building code requirements.

(b) Compliance with Electric Code. All solar energy systems shall comply with the National Electrical Code.

(d) Certifications. Solar energy system components shall be certified by UL, L.L.C. (formerly known as Underwriters Laboratories, Inc.) or its equivalent. Solar energy systems shall be certified by the Solar Rating and Certification Corporation or its equivalent. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

(3) Approval.

(a) Permits. The erection, alteration, improvement, reconstruction and movement of a solar energy system requires a building permit from the city.

(b) Utility notification. The owner of a solar energy system that will physically connect to a house or other building’s electrical system and/or the electric utility grid must enter into a signed interconnection agreement with the utility prior to the issuance of a building permit. Off-grid systems are exempt from this requirement.

(4) Abandonment. If the solar energy system remains nonfunctional or inoperative for more than 18 consecutive months, the system shall constitute a public nuisance. The owner shall obtain a demolition permit and remove the abandoned system at their expense. Removal includes the entire structure, including collector, mount and transmission equipment.

(5) Aesthetics. All solar energy systems shall use colors that are earth-toned. Reflection angles from collector surfaces shall be oriented so as not to interfere with the use and enjoyment of other properties. Where necessary, screening may be required to address glare.

(6) Easements. It shall be the responsibility of the property owner to secure any desired solar easement to protect solar access for the system (per M.S. § 500.30, as it may be amended from time to time).

(7) Installation. Solar energy systems shall be installed only by licensed contractors.

(Ord. 296, passed 3-7-2016)

§ 156.63 WIND ENERGY CONVERSION SYSTEMS.

(A) Purpose and intent. The purpose of this section is to facilitate the construction, installation and operation of wind energy conversion systems in the city in a manner that protects the health, safety and welfare of the public.

(B) Uses.

(1) Wind energy conversion systems. Wind energy conversion systems, subject to the regulations and requirements of this section, may be allowed as a principle or accessory, conditional use within the following zoning districts: R-1 Agricultural Residence District, I-1 General Industrial District and I-2 Limited Industry District, provided the property upon which the system is to be located is on a parcel of land at least five acres in size.

(2) Small wind energy conversion systems. Small wind conversion systems, subject to the regulations and requirements of this section, are allowable as an accessory use in all zoning districts, provided they meet the following standards.

(a) The small wind conversion system shall meet the required principal building setbacks.

(b) The small wind conversion system shall extend no more than five feet above the height of the principal building.

(c) The proposed small wind conversion system shall not block, interfere or otherwise impair a scenic vista or corridor or the view of an adjoining residential building.

(d) The small wind conversion system shall meet all Minnesota Pollution Control Agency standards for noise emissions.

(e) The primary purpose of the small wind conversion system shall be to provide power for the principal use of the property and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from the system back to the public utility.

(C) Declaration of conditions. The City Council may impose such conditions on the granting of a wind energy conversion system conditional use permit as may be necessary to carry out the purpose and provisions of this section and to maintain compatibility.

(D) Site plan drawing. All applications for a wind energy conversion system conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the following information:

(1) Lot lines and dimensions;

(2) Location and height of all buildings, structures, above-ground utilities and trees on the lot, including both existing and proposed structures and guy wires anchors;

(3) Locations and height of all adjacent buildings, structures, above-ground utilities and trees located within 350 feet of the exterior boundaries of the property in question;

(4) Existing and proposed setbacks of all structures located on the property in question; and

(5) Sketch elevation of the premises accurately depicting the proposed wind energy conversion systems and its relationship to structures on adjacent lots.

(E) Wind energy conversion systems. The following standards apply to wind energy conversion systems, subject to standards of the applicable zoning district in which they are located.

(1) Design standards.

(a) Height. The permitted maximum height of a wind energy conversion system shall be determined in one of two ways. In determining the height of the wind energy conversion system, the total height of the system shall be included.

1. System height shall be measured from the base of the tower to the highest possible extension of the rotor:

a. A ratio of one foot to one foot between the distance of the closest property line to the base of wind energy conversion system to the height of the system; and

b. A maximum system height of 150 feet.

2. The shortest height of the two above mentioned methods shall be used in determining the maximum allowable height of a wind energy conversion system. The height of a wind energy conversion system must also comply with Federal Aviation Administration regulations codified at 14 C.F.R. Part 77 and/or Minn. Rules 8800.1200.

(b) Setbacks. No part of a wind energy conversion system (including guy wire anchors) shall be located within or above any required front, side or rear yard setback and no part of the system shall be within ten feet of any property line, whichever is greater. Wind energy conversion system towers shall be setback from the closest property line one foot for every one foot of system height. Wind energy conversion systems shall not be located within 50 feet of an above ground utility line.

(d) Rotor clearance. Blade-arcs created by the wind energy conversion system shall have a minimum of 30 feet of clearance over any structure or tree within a 200-foot radius.

(e) Rotor design. The blade design and materials are to be designed and constructed to ensure safe operation in an urban/rural area.

(f) Rotor safety. Each wind energy conversion system shall be equipped with both a manual and automatic braking device capable of stopping wind energy conversion system operation in high wind (40 mph or greater) or in conditions of imbalance.

(g) Lightning protection. Each wind energy conversion system shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code.

(h) Component compatibility. The wind turbine and wind turbine tower are to be designed and constructed to be compatible.

(i) Tower access. To prevent unauthorized climbing, wind energy conversion system towers must comply with one of the following provisions:

1. Tower climbing apparatus shall not be located within 12 feet of the ground;

2. A locked anti-climb device shall be installed on the tower; and

3. Tower capable of being climbed shall be enclosed by a locked, protective fence at least eight feet high.

(j) Signs. Wind energy conversion systems shall have one sign, not to exceed two square feet, at the base of the tower and the sign shall contain the following information:

1. Warning high voltage;

2. Manufacturer’s name;

3. Emergency phone number; and

4. Emergency shutdown procedures.

(k) Lighting. Wind energy conversion systems shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by Federal Aviation Administration regulations codified at 14 C.F.R. Part 77.

(l) Electromagnetic interference. Wind energy conversion systems shall be designed and constructed so as not to cause radio and television interference.

(m) Noise emissions. Noises emanating from the operation of wind energy conversion systems shall be in compliance with and regulated by the State Pollution Control Standards, Minnesota Regulations NPC 1 and 2, as amended.

(2) Safety.

(a) Compliance with building codes. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with the engineering data and calculations to demonstrate compliance with the structural design provisions of the State Building Code especially with regards to wind and icing loads. Drawings and engineering calculations shall be certified by a registered engineer.

(b) Compliance with electric code. All wind energy conversion systems shall comply with the National Electrical Code.

(c) Manufacturer warranty. The applicant shall provide documentation or other evidence from the dealer or manufacturer that the wind energy conversion system has been successfully operated in atmospheric conditions similar to the conditions within the city. The wind energy conversion system shall be warranted against any system failures reasonably expected in severe weather operation conditions.

(3) Approval.

(a) Permits. The erection, alteration, improvement, reconstruction and movement of a wind energy conversion system requires a building permit from the city.

(b) Utility notification. No wind energy conversion system shall be interconnected with the local electrical utility company until the utility company has commented upon the proposal. The owner may be required to enter into a signed interconnection agreement with the utility prior to the issuance of a building permit.

(4) Abandonment. If the wind energy conversion system remains nonfunctional or inoperative for more than 18 consecutive months, the system shall constitute a public nuisance. The owner shall obtain a demolition permit and remove the abandoned system at his or her expense. Removal includes the entire structure, including any transmission equipment.

(5) Inspection. The city hereby reserves the right upon issuing any wind energy conversion system conditional use permit to inspect the premises on which the wind energy conversion system is located. If a wind energy conversion system is not maintained in operational condition and poses a potential safety hazard, the owner shall upon written notice from the city, take expeditious action to correct the situation.

(6) Installation. Wind energy conversion systems shall be installed only by licensed contractors.

(7) Ornamental wind devices. Ornamental wind devices that are not a wind energy conversion system, as defined by this chapter, shall be exempt from the provisions of this section and shall conform to other applicable provisions of this chapter and the city code.

(Ord. 296, passed 3-7-2016)

§ 156.64 CONDITIONAL USE PERMITS.

(A) Application. Conditional use permits may be issued for any and only the uses or purposes for which the permits are required or permitted by the provisions of this chapter.

(B) Procedure.

(1) Application for the issuance of a conditional use permit shall be made to the Planning Commission. The Planning Commission may hold hearings on the proposal to issue a conditional use permit as it may consider necessary but at least one public hearing shall be held on any such application. Notice shall be given at least ten days in advance of the public hearing in a newspaper of general circulation in the city. The person or his or her agent making the appeal or the request shall be notified by mail. Any party may appear in person at the public hearing, or by agent or attorney. Following the hearing, the Planning Commission shall make a report upon the proposal to the City Council and shall recommend to the City Council whatever action it deems advisable.

(2) To defray administrative costs of processing of requests for conditional use permits, a fee shall be paid by the applicant, the amount of the fee to be determined by the City Council.

(3) Upon receipt of the report of the Planning Commission, the City Council may hold whatever public hearings it deems advisable and shall make a decision upon the request for a conditional use permit.

(4) Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of the permit and of any conditions designated in connection therewith.

(C) Findings. No conditional use shall be recommended by the City Planning Commission unless the Commission shall find that:

(1) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;

(2) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area;

(3) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;

(4) Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;

(5) Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

(D) Conditions.

(1) The Planning Commission may recommend and the City Council may designate conditions and require guarantees in the granting of a conditional use permit.

(2) Conditions may include, but are not limited to, the following:

(a) Paving, shrubbery, screening, fences or walls;

(b) Control or elimination of smoke, dust, vibration, gas, noise or odor;

(d) Location of exits;

(e) Cleaning and painting;

(f) Elimination of nonconforming uses of land or nonconforming signs;

(g) Direction and intensity of outdoor illumination;

(h) Off-street parking and loading; and

(i) The duration of approval of the conditional use, after which the approval shall expire.

(E) Violation of conditions. Violations of conditions imposed by the Council in conjunction with approval of a conditional use shall be deemed a violation of this chapter and punishable under § 156.09 and § 10.99.

(Ord. 266, passed 5- -2008)

§ 156.65 NONCONFORMING USES.

(A) Discontinuance. In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

(B) Alterations.

(1) The lawful use of a building existing at the time of the adoption of this chapter may be continued, although the use does not conform with the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

(2) The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed.

(3) Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restricted use.

(C) Restoration. If an owner does not apply for a building permit to rebuild a building damaged by fire, explosion, act of God or the public enemy, to the extent of more than 50% of its value, within 180 days, that building shall not be restored except in conformity with the regulations of this chapter.

(D) Residential alterations. Alterations may be made to a residential building containing nonconforming residential units when they will improve the livability of the units provided, however, that they do not increase the number of dwelling units in the building.

(E) Normal maintenance.

(1) Maintenance of a building or other structure containing or used for a nonconforming use may be permitted when it includes necessary non-structural repairs and incidental alterations, which do not extend or intensify the nonconforming building or use.

(2) Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the city.

(Ord. 266, passed 5- -2008)

§ 156.66 EROSION CONTROL.

(A) (1) A property owner or contractor who removes substantial vegetative growth for any reason including landscaping, excavates for a building foundation or other purpose, or adds soil or other fill on property within the city shall adhere to erosion control measure standards and specifications contained in the Minnesota pollution control agency publication Protecting Water Quality In Urban Areas, as may be amended, the city official controls, any applicable water management plan of the city or other governmental unit, and any other applicable state and federal regulations.

(2) Except as other measures are required by the above documents and plans, property owners and contractors shall take the necessary precautions, outlined below, to prevent soil erosion, damage to neighboring property and control of surface water runoff. The city may impose additional erosion control requirements if, in the opinion of the City Engineer, Building Inspector, City Administrator or designee, said measures are necessary to protect neighboring properties and manage surface water runoff.

(B) No land shall be developed and no use shall be permitted that results in water run off, flooding or erosion on neighboring properties. The run off shall be properly channeled into a storm drain, water course, ponding area or other public facility. All new development shall include provision for storm sewers, curbs and gutters along public streets.

(C) No land shall be developed and no use shall be permitted that results in water run off causing flooding, erosion or deposit of minerals on neighboring properties. The run off shall be properly channeled into a storm drain, water course, ponding area or other public facilities. Any change in grade affecting water run off onto a neighboring property must be as approved by the City Engineer, Building Inspector, City Administrator or designee.

(D) Appropriate erosion control measures shall be taken throughout the construction process. They include, but are not necessarily limited to, the use of perimeter protection, inlet protection, wood fiber blankets, rock construction entrances, seeding and/or mulch. Other techniques or combinations of the above may be used. The erosion control measures shall be maintained and repaired throughout construction and until such time as the property has been either sodded or a 70% vegetative cover has taken hold. All temporary erosion control devices including perimeter protection, inlet protection, gravel, hay bales or other measures shall be removed from the construction site and properly disposed of or recycled. This removal and disposal must occur within 30 days of the establishment of permanent vegetative cover on the disturbed area.

(E) Erosion control may be specified by the City Engineer, Building Inspector, City Administrator or designee, as part of a site survey for individual building permits or other city approvals. Erosion control measures may also be specified by the City Engineer, Building Inspector, City Administrator or designee, as needed and deemed appropriate during the construction and post construction periods for permitted or unpermitted activities separate from the above.

(F) No dirt piles or soil banks shall remain exposed without a protective cover to prevent erosion for a period longer than seven days. No soil surface shall remain exposed without seeding, if allowed, or sodding or by mulching or covering or other equivalent control measure for a period longer than seven days. Seed shall be a blend of rye grass or other fast germinating seed in addition to perennial grasses suitable for the soil and the exposure of the area to sunlight. All seeded areas shall be mulched and disk anchored, or covered with a fiber blanket, as necessary for erosion protection and seed retention. The contractor should recognize that time is of the essence in controlling erosion.

(G) Mud, dirt, or other sediment carried onto city streets, trails or neighboring properties from the building site shall be removed by the property owner and/or contractor prior to the close of each workday. If cleanup of the mud, dirt or other sediment is not carried out as required above, the City Administrator, or designee, may direct city crews and/or contract a third party to complete the cleanup and bill the property owner or contractor for all associated costs. Unpaid charges will be certified by the city for collection with taxes and no city license, permit, or other approval shall be issued for the property while any charge is outstanding.

(H) All on site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a ten-year frequency storm without erosion.

(I) Failure to comply with any of the above requirements will result in the abatement of the noncompliance issue at the owner's expense and/ or the issuance of a stop work order halting construction until the project area is brought into compliance. Failure to remedy the situation within a reasonable time determined by the City Engineer, Building Inspector, City Administrator or designee, will result in the issuance of a citation for violation of this subsection. Failure to have erosion control measures in place may also result in denial of a certificate of occupancy for the structure under construction.

(Ord. 303, passed 9-19-2016)