All uses, buildings, and structures permitted pursuant to this chapter shall conform to the performance and design standards set forth in this subchapter and §§ 159.100 through 159.104, 159.110 through 159.116, 159.130 through 159.134, 159.145 through 159.166, and 159.180 through 159.205; these standards are determined to be the minimum standards necessary to comply with the intent and purposes of this code as set forth in this section.

(Prior Code, Ch. 300 § 700.01)

   (A)   Purpose and intent.  

      (1)   The purpose of this section is to establish minimum standards for exterior architecture of commercial, office, industrial, and warehouse buildings to ensure high quality of development, redevelopment and compatibility and evolving architectural or planning themes that contribute to a city image of quality, visual aesthetics, permanence, and stability which are in the best interest of the citizens of the city. These standards are intended to prevent use of materials that are unsightly, rapidly deteriorate, contribute to depreciation of area property values, or cause urban blight.

      (2)   These standards are further intended to ensure coordinated design of building exteriors, additions, and accessory structure exteriors in order to prevent visual disharmony; minimize adverse impacts on adjacent properties from buildings which are or may become unsightly; and buildings that detract from the character and appearance of the area. It is not the intent of this section to unduly restrict design freedom when reviewing and approving project architecture in relationship to the proposed land use, site characteristics, and interior building layout.

(Prior Code, Ch. 300 § 701.01)

   (B)   General requirements. This section shall apply to all commercial, office, and industrial buildings, additions, exterior remodeling, and accessory structures.

(Prior Code, Ch. 300 § 701.02)

   (C)   Minimum submission requirements. The applicant shall submit the following:

      (1)   Elevations and dimensions of all sides of existing and proposed buildings, including roof mechanical equipment, vents, chimneys, or other projecting items above the roof line;

      (2)   Elevations and dimensions of all existing or proposed solid waste and recycling containment areas;

      (3)   Detailed exterior descriptions, including type and color of all exterior building materials, exterior lighting, mechanical screening material, fencing, metal flashing, and the like;

      (4)   In order to aid in evaluating the exterior design, the applicant shall submit a schematic floor plan;

      (5)   Heating, air conditioning and ventilating and electrical equipment heights, locations, and screening materials;

      (6)   Colored renderings, exterior building, and finish materials samples and color palettes;

      (7)   Schematic attached sign package that meets the sign ordinance as set forth in §§ 159.180 through 159.205; and

      (8)   Other information as required.

(Prior Code, Ch. 300 § 701.03)

   (D)   Exterior design standards. Exterior surface materials of buildings shall be subject to the following:

      (1)   For the purpose of this division (D)(1), materials shall be divided into Group 1 and Group 2 as follows:

 

      (2)   Commercial buildings shall have materials comprising their exterior as follows:

         (a)   Group 1 materials must be used on a minimum of 50% of the building front exterior elevation.

         (b)   Group 2 materials may be used on the remaining exterior but may not exceed 50% of the building front.

      (3)   Garage doors, window trim, flashing accent items, and the like shall not constitute required materials that make up the exterior of a building.

      (4)   Garage doors shall not face the building front exterior elevation.

      (5)   Gasoline canopies and other accessory structures shall be constructed of the same materials and colors as the adjacent primary structure.

      (6)   Gasoline canopies shall not exceed 26 feet in height.

      (7)   Pre-fabricated steel structures shall not be allowed.

      (8)   Parking lots shall be required to have concrete curbs.

      (9)   As viewed from ground levels at all sides of the building, all mechanical equipment located on the roof or around the perimeter of a structure shall be screened by a raised parapet or with comparable and compatible exterior building materials.

         (a)   A raised parapet or other architectural feature that is an integral part(s) of the building may be required as screening for rooftop mechanical equipment or to soften rooftop views.

         (b)   Screening for rooftop mechanical equipment shall incorporate similar architectural features of the building and/or be constructed of materials and colors that are compatible with other elements of the building.

         (c)   Metal cabinets used to enclose and protect rooftop mechanical equipment shall not substitute as screening.

      (10)   Exposed roof materials shall be similar to or an architectural equivalent of a 300-pound or better asphalt or fiberglass shingle, wooden shingle, standing seam metal roof or better.

      (11)   Brick or stone exteriors shall not be painted during the life of the exterior materials.

      (12)   Equipment used for mechanical, processing, bulk storage tanks, or equipment used for suppressing noise, odors, and the like that protrudes from a side of a building or is located on the ground adjacent to a building shall be screened from public view as much as practical with materials matching the design of the building. Where miscellaneous exterior equipment cannot be fully screened with matching building materials, landscaping may be used as additional screening.

(Prior Code, Ch. 300 §§ 701.04, 701.05) (Ord. 7495, passed 5-15-2001)

   (A)   There shall be no more than 1 residential dwelling unit on any 1 parcel of land as described in § 159.041, providing housing for 1 family with 1 kitchen.

(Prior Code, Ch. 300 § 702.01)

   (B)   Certain dwelling units are prohibited. No cellar, garage, recreational vehicle, or basement with unfinished exterior structure above or accessory building shall be used at any time as a dwelling unit.

(Prior Code, Ch. 300 § 702.02)

   (C)   All principal buildings hereafter erected on unplatted land shall be so placed as to avoid obstruction of future street or utility extensions and shall be so placed as to permit reasonably anticipated future subdivisions and land use.

(Prior Code, Ch. 300 § 702.03)

   (D)   All principal buildings shall meet or exceed the minimum standard of the Minnesota State Building Code, the Minnesota Fire Code, the Minnesota Department of Health, the Minnesota Pollution Control Agency and the Washington County On-Site Sewage Treatment Ordinance.

(Prior Code, Ch. 300 § 702.04)

   (E)   The keeping of animals except for domesticated pets inside of the dwelling unit shall be prohibited.

(Prior Code, Ch. 300 § 702.05)

   (F)   All existing principal buildings in residential districts with nonwinterized construction or inadequate nonconforming year-round on-site sewage treatment systems as described in the Washington County Development Code Administrative Chapter 1 and Chapter 4, Individual Sewage Treatment System Code, shall be considered a seasonal principal building. No building permit shall be issued for the improvement of a seasonal principal building to a continuous year-round (365 days) habitable dwelling unit unless the existing building conforms or the building after such improvement (including septic systems) will conform to all the requirements of the Washington County Development Code and any applicable state requirements.

(Prior Code, Ch. 300 § 702.06)

   (G)   Any alterations, modifications, or enlargements of an existing seasonal principal building for the purpose of continuing the seasonal use shall require a conditional use permit.

(Prior Code, Ch. 300 § 702.07)

(Am. Ord. 7488, passed 5-16-2000)

(Prior Code, Ch. 300 § 703.01) (Am. Ord. 7443, passed 11-19-1985)

(Prior Code, Ch. 300 § 703.02) (Am. Ord. 7488, passed 5-16-2000)

(Prior Code, Ch. 300 § 703.03) (Am. Ord. 7488, passed 5-16-2000)

(Prior Code, Ch. 300 § 703.04)

(Prior Code, Ch. 300 § 703.05)

(Prior Code, Ch. 300 § 703.07)

(Prior Code, Ch. 300 § 703.08)

(Prior Code, Ch. 300 § 703.09)

(Prior Code, Ch. 300 § 703.10)

(Prior Code, Ch. 300 § 703.11)

(Prior Code, Ch. 300 § 703.12)

(Prior Code, Ch. 300 § 703.13)

(Prior Code, Ch. 300 § 703.15)

      (1)   An aerial photo illustrating within 500 feet of the proposed structure, all adjacent properly owners’ lot lines, houses, septic systems, fences, well, animal buildings, and other structures and feed storage areas; all wet marshy areas, drainage ways, and shorelines; all proposed grazing areas on the site; all new utility extensions and driveway accesses to the proposed building; all manure storage and disposal areas;

      (2)   A written soil inventory and evaluation from the Washington County Soil Conservation District, if requested by the Zoning Administrator;

      (3)   Details of the building floor plan, elevations, materials, and color of structure;

      (4)   The application form shall be accompanied by an accurate list showing the names and mailing addresses of the record owners of all property within a minimum of 500 feet of the property for which the conditional use permit is sought, verified as to accuracy by the applicant; and

      (5)   Notice of the purpose, time, and place of the public hearing shall be published in the official newspaper of the city and mailed to each of the owners of all property located within a minimum of 500 feet of the property described in the application and such other person as the Planning Commission may direct, at least 10 days prior to the date of the hearing. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice shall not invalidate the proceedings provided a bona fide attempt to comply with the provisions of this section has been made.

(Prior Code, Ch. 300 § 703.16)

 

 

         (a)   The certificate of compliance is an administrative approval granted by the city through its Building Official, Zoning Administrator and City Council. It is not a zoning application or zoning permit that requires a public hearing but rather, is an administrative tool used by the City Council and its Building Official and Zoning Administrator to grant accessory building setback relief, if the relief is justified.

         (b)   The Building Official and Zoning Administrator will do the initial site visit with the applicant. The certificate form will require the applicant to provide their name, address, contact information, legal description or parcel ID, a description of the setback relief desired, and justification. A site diagram provided by the applicant, showing the lot boundaries, setbacks and desired building location, along with an aerial photo with contours if available, must be attached for the certificate of compliance application to be deemed complete.

         (c)   To approve setback relief the city must make a determination that a compliant, or substantially more compliant, location for the building is not possible on this site. If the Zoning Administrator, in consultation with the Building Official, believes that a complying, or substantially more complying location does exist, preliminary denial of the application would be recommended.

         (d)   The final determination to deny must be made by the Council at a future Council meeting, at which meeting the applicant may appeal a preliminary denial.

         (e)   If the Zoning Administrator, in consultation with the Building Official, determines the application merits approval because no compliant or substantially more compliant alternate location exists, preliminary approval would be recommended and additional conditions of grant such as screening would be provided. The determination to approve must be made by the Council, at a future regular meeting. The Council may state conditions of grant of approval, such as building material, appearance and color if applicable, and any screening requirements, including the existing vegetation must remain. Screening requirements must address the need for year-round screening, thus typically evergreen in type.

         (f)   After consideration, the Council, by motion, shall approve or deny the application, and the Mayor shall so indicate on the certificate, date and sign.

         (g)   If the certificate of compliance is approved memorializing the Council’s grant of setback relief and any conditions of grant, the certificate of compliance must be attached to, and will be deemed part of, the eventual building permit.

         (a)   A property owner who wishes to make an addition to a compliant accessory building, which addition will adhere to the setback performance standard as stated herein, may apply for a certificate of compliance for that addition. An addition that will be in violation of the performance standard can only be approved by variance.

         (b)   A property owner who wishes to make an addition to a non-compliant accessory building may apply for a certificate of compliance is the addition will adhere to the setback performance standard as stated herein. The city may, as a finding for denial, take into consideration the nature and extent of the non-conformity of the existing building.

(Prior Code, Ch. 300 § 703.17) (Am. Ord. 7529, passed 8-16-2011; Am. Ord. 7537, passed 4-16-2013; Am. Ord. 7555, passed 6-21-2016)

   Dwelling units for watchman and family shall be considered as accessory uses and shall conform to all applicable regulations for the district in which located, except as herein modified:

   (A)   A dwelling unit in the commercial district located in a commercial structure shall not occupy the front half of the ground floor or basement.

   (B)   A dwelling unit in a commercial or industrial building shall not contain more than 1 bedroom unless the building is a part of a planned unit development.

   (C)   No detached dwelling unit shall be permitted in the commercial or industrial district, except as part of a planned unit development.

   (D)   A dwelling unit which is a part of the principal building shall be provided with 2 exits; 1 shall be a direct outside exit.

   (E)   All buildings shall conform to the Building Code and applicable Fire Codes.

(Prior Code, Ch. 300 § 719.01)

   No public use or convenience structure shall be located within the public right-of-way except by a permit issued by the Zoning Administrator or by City Council approval. The structure shall include but not be limited to trash containers, basketball hoops, institutional direction signs, bicycle racks, benches, planting boxes, awnings, flag poles, bus shelters, light standards, stairs, stoop, light wells, newspaper storage containers, loading wells, signs, and others. All such structures as permitted shall be deemed permissively placed and acquire no property rights to the placement. Such structures do not include utility facilities.

(Prior Code, Ch. 300 § 704.01)

   (A)   Definitions. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      FENCES. Any linear structure used to impair access by persons or animals or impair visual or sound transference.

(Prior Code, Ch. 300 § 705.01)

   (B)   General provisions.

      (1)   The side of the fence considered to be the face (finished side, as opposed to the structural support) shall face the abutting property.

      (2)   No fences shall be permitted on public right-of-way.

      (3)   Fencing around swimming pools is covered by § 159.112.

      (4)   Fencing on nonresidential property required for screening exterior storage may exceed the limitations herein but only by conditional use permit.

      (5)   Unless otherwise agreed to in writing by adjacent property owners, all fence maintenance is the sole responsibility of the property owner who constructed same and that owner's successors, heirs, and assigns.

      (6)   Fences in excess of 6 feet above ground level shall be prohibited.

      (7)   No fence may be erected on either street side of a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic.

      (8)   In residential districts, fences located in the front yard beyond the building shall not exceed 48 inches in height.

      (9)   No fence shall be erected where it will impede a drainage way or drainage easement.

(Prior Code, Ch. 300 § 705.02)

   (C)   Location of fencing. Any fence built on a property line requires written agreement by the adjoining property owners affected. Any fence built near but not on the property line will require that the owner leave a reasonable space (3 feet or more) between the fence and the property line to allow for the maintenance of the fence and the cutting of weeds on the adjoining property owner's side of the fence.

(Prior Code, Ch. 300 § 705.03)

   (D)   Fences allowed by conditional use permit.  

      (1)   Barbed wire fences or any fence of metal construction, which is charged by or connected with an electrical system, shall be allowed in the city by way of conditional use permit after the applicant has demonstrated good cause and reasonable need for the use of that type of fence on the applicant's property.

      (2)   Notwithstanding the cause and reasonable need for such property as a condition of granting of the conditional use permit, the City Council may require the construction of an additional fence located on the outer perimeter of the applicant's property impairing or preventing access to the barbed wire or electrically charged fence in areas where the applicant's property is located within or adjoins a residential district of the city.

(Prior Code, Ch. 300 § 705.04)

   (E)   Nonconforming uses. All fences as defined in § 159.007 shall be considered as structures for the purpose of application to § 159.004 relating to nonconforming uses, buildings, and structures.

(Prior Code, Ch. 300 § 705.05) (Am. Ord. 7482, passed 8-18-1998; Am. Ord. 7555, passed 6-21-2016)

   (A)   (1)   In all districts, all personal property shall be stored within a building or fully screened so as not to be visible from public streets and public lands, except for the following:

         (a)   Laundry drying equipment;

         (b)   Recreation equipment;

         (c)   Construction and landscaping materials and equipment currently (within a period of 6 months) being used on the premises;

         (d)   Agricultural equipment and materials if these are used or intended for use on the premises; and

         (e)   Off-street parking of licensed passenger vehicles.

      (2)   In residential districts, exterior storage of a single boat on a trailer, a single trailer 25 feet or less in length or a single recreational vehicle 45 feet or less in length, is permissible if stored in their rear yard within all applicable setback requirements from any property line and displaying current licensing.

      (3)   Upon application and review by the Zoning Administrator, an alternate parking site permit may be issued if it is determined that there is no level rear yard parking site. The alternate parking permit shall be issued annually, and a fee will be required as established by resolution of the City Council.

(Prior Code, Ch. 300 § 706.01)

   (B)   In nonresidential districts, exterior storage of personal property may be permitted by conditional use permit, provided any such property is so stored for purposes relating to a use of the property permitted by this chapter and will not be contrary to the intent and purpose of this chapter.

(Prior Code, Ch. 300 § 706.02)

   (C)   In all districts, all waste, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for those purposes. The owner of vacant land shall be responsible for keeping the land free of refuse and weeds. Existing uses shall comply with this provision within 90 days following effective date of this chapter.

(Prior Code, Ch. 300 § 706.03)

   (D)   Unlicensed passenger vehicles and trucks shall not be parked in residential districts for a period exceeding 7 days.

(Prior Code, Ch. 300 § 706.04)

   (E)   All exterior storage not included as a permitted accessory use, a permitted use, or included as part of a conditional use permit or otherwise permitted by provisions of this chapter, shall be considered as refuse.

(Prior Code, Ch. 300 § 706.05)

   (F)   Portable storage containers may be used in all residential zoning districts, for the storage of personal property, for a period not to exceed 30 days without a permit. After 30 days, a city permit is required to be obtained from the City Clerk prior to the end of 30 days if the container is to be used for an additional amount of time. All portable storage containers must be removed after 90 days total.

(Prior Code, Ch. 300 § 706.06)

   Fallout shelters may be permitted in any district subject to the yard regulations of the district. The shelters may contain or be contained in other structures or be constructed separately, and in addition to shelter use, may be used for any use permitted in the district, subject to the district regulations on that use.

(Prior Code, Ch. 300 § 717.01)

   In all districts, the following standards shall apply:

   (A)   A city permit shall be required for all private tennis courts on residential lots.

   (B)   A conditional use permit shall be required for all public, semi-public and commercial tennis courts or sport court.

   (C)   An application for a city permit or a conditional use permit shall include a site plan showing: The size, shape and pavement and sub-pavement materials, the location of the court, the location of the house, garage, fencing, septic systems and any other structural improvements on the lot, the location of structures on all adjacent lots, a grading plan showing all revised drainage patterns and finished elevations at the 4 corners of the court, landscaping and turf protection around the court, location of existing and proposed wiring and lighting facilities.

   (D)   Tennis courts or sport courts shall not be located closer than 10 feet to any side or rear lot line. Tennis courts or sport courts shall not be located in any front yard.

   (E)   Tennis courts nor sport courts shall not be located over underground utility lines of any type, nor shall any court be located within any private or public utility, walkway, drainage, or other easement.

   (F)   Solid practice walls shall not exceed 10 feet in height. A building permit shall be required for the walls. The walls shall be set back a minimum of 30 feet from any lot line.

   (G)   Chain link fencing surrounding the tennis court or sport court may extend up to 12 feet in height above the tennis court or sport court surface elevation.

(Prior Code, Ch. 300 § 747.01)

   (A)   (1)   Interim uses and structures may be placed in agricultural, commercial, or industrial districts after obtaining a conditional use permit.

      (2)   These interim uses may be utilized in a temporary manner as specified by the City Council, during which the development planned for the area in the city plan has not yet occurred.

(Prior Code, Ch. 300 § 728.01)

   (B)   (1)   Interim uses and structures utilized for interim storage of wholesale or retail products or shelter of farm crops and animals shall be limited to a maximum of 5 years or as stipulated by the City Council.

      (2)   No wholesale or retail sales or sales office activities shall occur on the site or in the structure.

(Prior Code, Ch. 300 § 728.02)

   (C)   Interim uses and structures shall not require additional public roadway or premature extension of central sewer or water systems.

(Prior Code, Ch. 300 § 728.03)

   (D)   (1)   The City Council may specify the length of time which may be utilized for the interim use or structure.

      (2)   The specific length of time may be a condition of approval of the conditional use permit.

(Prior Code, Ch. 300 § 728.04)

   (E)   The Planning Commission and City Council shall review the interim use or structure and shall limit the new structural investment on the site to a specific dollar amount, which through a graduated time table of depreciation of the structure should reach 0 book value at a specific year or length of time, after which the interim use or structure shall be removed.

(Prior Code, Ch. 300 § 728.05)

   (F)   Grading or alteration of the site, except for driveway access and building construction shall not be permitted for interim uses or structures.

(Prior Code, Ch. 300 § 728.06)

   (G)   Conditional use permits issued by the City Council for an interim use or structure shall be recorded with the Registrar of Deeds by the applicant prior to the issuance of building permits or certificates of occupancy.

(Prior Code, Ch. 300 § 728.07)