(A)   The entire area of any drive-in business shall have a drainage system approved by the City Engineer.

(Prior Code, Ch. 300 § 720.01)

   (B)   The entire area other than that occupied by structures or planting shall be surfaced with a hard surface material, which will control dust and drainage.

(Prior Code, Ch. 300 § 720.02)

   (C)   A box curb at least 6 inches above grade shall separate the public walk area from the lot, except as approved entrance or exit drives.

(Prior Code, Ch. 300 § 720.03)

   (D)   A fence or screen of acceptable design not over 6 feet in height or less than 4 feet shall be constructed along the property line abutting a residential district and such fence or screen shall be adequately maintained. The fence shall not be required in the front of the setback line.

(Prior Code, Ch. 300 § 720.04)

   (E)   (1)   No person shall construct, operate, or maintain a drive-in business within the city without first obtaining a conditional use permit.

      (2)   Any drive-in business serving food or beverages may also provide, in addition to vehicular service areas, indoor food and beverage service seating area sufficient to accommodate at least 24 customers.

      (3)   The hours of operation shall be set forth as a condition of any drive-in business conditional use permit.

      (4)   Each drive-in business serving food may have outside seating for a least 24 customers.

      (5)   Each food or beverage drive-in business shall place refuse receptacles at all exits as well as 1 refuse receptacle per 10 vehicle parking spaces within the parking area.

      (6)   Landscaped planting islands as stipulated in § 159.160(E) shall be required.

(Prior Code, Ch. 300 § 720.05)

   (F)   Locations:

      (1)   No drive-in business shall be located within 400 feet of a public or parochial school, church, public recreation area, or any residential district.

      (2)   No drive-in business shall be located such that it may increase traffic volumes on nearby residential streets.

      (3)   No drive-in shall be located on any street other than one designated as a thoroughfare or business service road in the Comprehensive Plan.

(Prior Code, Ch. 300 § 720.06)

   (G)   Site plan:

      (1)   The site plan shall clearly indicate suitable storage containers for all waste material. All commercial refuse containers shall be screened.

      (2)   A landscaping plan shall be included and shall set forth complete specifications for plant materials and other features.

      (3)   Adequate area shall be designated for snow storage such that clear visibility shall be maintained from the property to any public street.

      (4)   The design of any structure shall be compatible with other structures in the surrounding area.

      (5)   No drive-in business shall be located on a lot less than 30,000 square feet.

      (6)   Electrical devices such as loudspeakers, automobile service order devices, drive-in theater car speakers, and similar instruments shall not be located within 400 feet of any residentially zoned or used property, nor within 200 feet of any adjacent lot regardless of use or zoning district.

      (7)   No service shall be rendered, deliveries made, or sales conducted within the required front yard; customers served in vehicles shall be parked to the sides and/or rear of the principal structure.

      (8)   No permanent or temporary signs visible from the public street shall be erected without specific approval in the permit.

      (9)   No plan shall be approved which will in any way constitute a hazard to vehicular or pedestrian circulation. No access drive shall be within 50 feet of intersecting street curb lines.

(Prior Code, Ch. 300 § 720.07)

   (H)   Violation of any applicable law or ordinance in the conditions of the permit shall be cause for permit revocation or suspension (notice of violation and hearings).

(Prior Code, Ch. 300 § 720.08)

   (I)   In the case of a drive-in theater, a solid fence not less than 8 feet in height and extending at least to within 2 feet of the ground shall be constructed around the property.

(Prior Code, Ch. 300 § 720.09)

   (J)   The lighting shall be designed so as to have no direct source of light visible from the public right-of-way or adjacent land in residential use.

(Prior Code, Ch. 300 § 720.10)

   Coin-operated automatic machines dispensing food, soft drinks and other food and materials shall not be permitted outside of a building, except as part of a conditional use permit.

(Prior Code, Ch. 300 § 725.01)

   (A)   Swimming pools defined. For the purposes of this chapter, a SWIMMING POOL is defined as any structure basin, chamber, or tank containing an artificial body of water for swimming, diving, or recreational bathing and having a depth of more than 24 inches at any point and/or a surface area that exceeds 150 square feet.

(Prior Code, Ch. 300 § 726.01)

   (B)   Standards. In all districts where single- and 2-family dwelling units are permitted uses, the following standards apply:

      (1)   A city permit shall be required for any outdoor swimming pool with a capacity of over 3,000 gallons or with a depth of over 3-1/2 feet of water.

      (2)   An application for a city permit shall include a site plan showing:

         (a)   The type and size of pool, location of pool;

         (b)   Location of house, garage, fencing, and other improvements on the lot;

         (c)   Location of structures on all adjacent lots; and

         (d)   Location of filter unit, pump, and writing indicating the type of such units, location of back-flush and drainage outlets, grading plan, finished elevations, and final treatment (decking, landscaping, and the like) around the pool, location of existing overhead and underground wiring, utility easements, trees, and similar features, and location of any water heating unit.

      (3)   Pools shall not be located within 10 feet of any septic tank/drainfield nor within 6 feet of any principal structure or frost footing. Pools shall not be located within any required front or side yard setbacks.

(Am. Ord. 7489, passed 5-16-2000)

      (4)   Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.

      (5)   Pools shall not be located within any private or public utility, walkway, drainage, or other easement.

      (6)   In the case of underground pools, the necessary precautions shall be taken during the construction, to:

         (a)   Avoid damage, hazards, or inconvenience to adjacent or nearby property.

         (b)   Assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust, or other infringements upon adjacent property.

      (7)   All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property.

      (8)   To the extent feasible, backflush water or water from pool drainage shall be directed onto the owner's property or into approved public drainage ways. Water shall not drain onto adjacent or nearby private land.

      (9)   The filter unit, pump, heating unit, and any other noise-making mechanical equipment shall be located at least 50 feet from any adjacent or nearby residential structure and not closer than 10 feet to any lot line.

      (10)   Lighting for the pool shall be directed toward the pool and not toward adjacent property.

      (11)   A structure or safety fence of a non-climbable type at least 5 feet in height with self-closing and self-latching gate ,shall completely enclose the pool, for any pool having a capacity of over 3,000 gallons or with a depth of over 2-1/2 feet, but shall not be located within any required setback areas.

         (a)   Exception. A pool cover or other protective device approved by the city building inspector shall be an acceptable enclosure so long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the gate and latch described above and is in compliance with the American Society for Testing and Materials (ASTM) standard F1346. The substitution with such a pool cover or other protective device shall be done by the issuance of a certificate of compliance and shall be considered an exception from the provision of division (11) of this section. The applicant shall submit a written request for the certificate of compliance which shall include the specifications of the proposed protective device to be installed. The certificate of compliance may include reasonable conditions including specific times of required closure, use, maintenance and management of the pool cover, etc.

      (12)   Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. Such water shall be subject to periodic inspection by the local health officer.

      (13)   All wiring, installation of heating units, grading, installation of pipes, and all other installations and construction shall be subject to inspection.

      (14)   Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures.

(Prior Code, Ch. 300 § 726.02)

   (C)   Multiple-family dwelling areas. Private swimming pools which are intended for and used by the occupants of a multiple-family dwelling and the guests of the occupants of the dwelling shall adhere to the following regulations:

      (1)   No part of the water surface of the swimming pool shall be less than 50 feet from any lot line.

      (2)   No pumps, filters, or other apparatus used in connection with or to service a swimming pool shall be located less than 50 feet from any lot line.

      (3)   The pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. Adequate screening, including but not limited to landscaping, shall be placed between the pool area and adjacent single-family district lot lines.

      (4)   All deck areas, adjacent patios, or other similar areas used in conjunction with the swimming pool shall be located at least 30 feet from any lot line in an adjacent single-family district.

(Prior Code, Ch. 300 § 726.03)

   (D)   In all zoning districts.

      (1)   All outdoor swimming pools existing and hereinafter constructed shall be completely enclosed by a safety fence or wall at least 5 feet in height, and same being installed within 3 weeks following the installation of the pool and before any water is allowed in the pool. All fence openings or points of entry into the pool area shall be equipped with self-closing and self-latching devices placed at the top of the gate or in a manner otherwise inaccessible to small children. Any openings between the fence bottom and the ground or other surface shall not exceed 4 inches. Existing pools not presently in compliance with this provision shall comply prior to any water being allowed in pool.

      (2)   Drainage of pools into public streets or other public drainage ways shall require written permission of the appropriate local public officials.

(Prior Code, Ch. 300 § 726.04) (Am. Ord. 2021-09, passed 12-21-2021)

   The building and premises for automobile sales and showrooms shall meet the following requirements:

   (A)   Setback and lot requirements.

      (1)   Parking. A minimum of 25-foot wide landscaped yard shall be required and maintained between any public street right-of-way and parking lots or buildings.

      (2)   Contiguous site. Motor vehicle sales shall be on 1 lot or contiguous lots not separated by a public street, alley, or other use.

      (3)    Lot width. The minimum lot width shall be 150 feet at the minimum required front yard setback.

      (4)   Lot area.  A minimum lot area of 2 acres shall be required. Structures and parking surfaces may not cover more than 50% of the lot.

   (B)   Access driveways.

      (1)    Distance of driveway from street intersection. The distance of the driveway from the street intersection shall not be less than 5 feet, provided, however, greater distances may be required to avoid reasonably anticipated traffic hazards.

      (2)   Minimum distance between driveways. Minimum distance between driveways shall be 25 feet at the curb cut.

      (3)   Minimum driveway angle to street. Minimum driveway angle to street shall be 60 degrees, unless otherwise approved by the City Engineer.

      (4)   Distance between driveway and adjacent property. Minimum distance between driveway and adjacent property shall be 5 feet at the curb cut.

      (5)   Maximum dimensions. No driveway shall exceed 25 feet in width and no curb cut shall exceed 32 feet in width.

(Prior Code, Ch. 300 § 729.02)

   (C)   Screening.  A screen shall be erected and maintained along all property lines separating institutional, residential dwelling or business and professional office districts or uses. The screening required in this section shall be not less than 5 feet in height, may be a combination of vegetation and fencing, and must be at least 75% opaque.

   (D)   Landscaping. A landscaped yard shall be constructed and maintained on all areas of the site not devoted to the building or parking area.

(Prior Code, Ch. 300 § 729.04)

   (E)   Curbing. Interior concrete or asphalt curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas. Interior curbs required by this section shall be a nominal 6 inches in height.

(Prior Code, Ch. 300 § 729.05)

   (F)   Surfacing. The entire site on which motor vehicle sales is located, other than that devoted to buildings and structures or landscaped areas, shall be hard surfaced and maintained to control dust, erosion, and drainage, before operation of the business begins.

(Prior Code, Ch. 300 § 729.06)

   (G)   Parking.  The following required parking spaces shall be shown and designated on the site plan.

   (A)   Prohibition of manure deposition without safeguards. No manure or livestock waste shall be deposited, stored, kept or allowed to remain in or upon any storage site or feedlot without reasonable safeguards adequate to prevent the escape or movement of the manure or waste or a solution thereof from the site which may result in pollution of any public waters or any health hazard.

(Prior Code, Ch. 300 § 730.01)

   (B)   Pollution Control Agency standard minimum requirements. All regulations imposed by the Minnesota Pollution Control Agency relating to keeping of livestock shall be adhered to, and such regulations shall be considered the minimum safeguard necessary to prevent pollution of public waters or creation of a health hazard. New livestock feedlots, poultry lots, and other animal lots are prohibited within the following areas:

      (1)   Within 1,000 feet of the normal high water mark of any lake, pond, or flowage; or within 300 feet of a river or stream;

      (2)   Within a floodway;

      (3)   Within 1,000 feet to the boundary of a public park; and

      (4)   Within 1/2 mile of the nearest point to a concentration of 10 or more private nonfarm residences.

(Prior Code, Ch. 300 § 730.02)

   (C)   Permit required. No feedlot or manure storage site shall be maintained unless a permit therefor has first been issued by the Minnesota Pollution Control Agency and by the Zoning Administrator as provided herein. The application for a permit by the owner or other person responsible for a feedlot or manure storage site shall be accompanied by plans showing the features and method of operation and construction and existing or proposed safeguards or disposal systems. The City Council may thereafter issue a permit therefor upon such conditions as it shall prescribe to prevent pollution of any public water or creation of a health hazard.

(Prior Code, Ch. 300 § 730.03)

   (D)   Inadequate safeguards. In case the Zoning Administrator shall find that any manure is stored or kept on any feedlot or storage site without a safeguard, or that any existing safeguard is inadequate, the Administrator may order the owner or other responsible person to immediately remove the manure from the feedlot or storage site and refrain from further storage or keeping of any manure thereat unless and until an adequate safeguard is provided as herein prescribed.

(Prior Code, Ch. 300 § 730.04)

   (E)   Notice concerning loss. It shall be the duty of the owner of a feedlot or manure storage site or other responsible person in charge thereof to notify immediately the Zoning Administrator of any loss of stored manure either by accident or otherwise when the loss involves a substantial amount which would be likely to enter any waters of the state. The notice shall be by telephone or other comparable means and shall be made without delay after discovery of the loss. The notification shall include the location and nature of the loss and such other pertinent information as may be available at the time.

(Prior Code, Ch. 300 § 730.05)

   (F)   Hazards and nuisances. On parcels of less than 40 acres which are not part of a larger crop-producing commercial agricultural farm, the keeping of horses, cattle, or other domestic farm animals on a site with less than 2 acres of existing grazing land per animal is hereby declared to be a nuisance. No domestic farm animals shall be placed on any site of less than 5 acres.

(Prior Code, Ch. 300 § 730.06)

   (G)   Grazing acres. Grazing acreage shall be defined as open, non-treed acreage currently providing enough pasture or other agricultural crops capable of supporting summer grazing at a density of 1 animal unit or its equivalent, per 2 acres. For purposes of these regulations, the following animal equivalents apply:

 

(Prior Code, Ch. 300 § 730.07)

   (H)   Permit required. The keeping of domestic farm animals in greater density than allowed by division (G) of this section shall require a conditional use permit. To obtain the permit, the applicant must demonstrate that facilities are present and appropriate practices are being employed to preclude surface or groundwater contamination, excessive manure accumulation, odor, noise, or other nuisances. The applicant must have a Minnesota Pollution Control Agency feedlot permit for the proposed use.

(Prior Code, Ch. 300 § 730.08)

   (A)   Before a conditional use permit for a service station is granted, the minimum requirements of the zoning district in which the service station is to be located shall be met.

(Prior Code, Ch. 300 § 735.01)

   (B)   A drainage system, subject to approval by the City Engineer, shall be installed. The entire site, other than that taken up by a structure or planting, shall be surfaced with concrete or other material approved by the City Council. Pump islands shall not be placed in the required yards. The area around the pump island to a distance of 8 feet on each side shall be concrete. A box curb not less than 6 inches above grade shall separate the public right-of-way from the motor vehicle service areas, except at approved entrances and exits. No driveways at a property line shall be less than 50 feet from the intersection of 2 street right-of-way lines. Each service station shall have at least 2 driveways with a minimum distance of 170 feet between centerlines when located on the same street.

(Prior Code, Ch. 300 § 735.02)

   (C)   No vehicles shall be parked on the premises other than those utilized by employees or awaiting service. No vehicle shall be parked or be awaiting service longer than 15 days.

(Prior Code, Ch. 300 § 735.03)

   (D)   Exterior storage besides vehicles shall be limited to service equipment and items offered for sale on pump islands; exterior storage of items offered for sale shall be within yard setback requirements and shall be located in containers such as racks, metal trays, and similar structures designed to display merchandise.

(Prior Code, Ch. 300 § 735.04)

   (E)   All areas utilized for storage, disposal of trash, debris, discarded parts, and similar items shall be fully screened. All structures and grounds shall be maintained in an orderly, clean, and safe manner.

(Prior Code, Ch. 300 § 735.05)

   (F)   Service stations shall be subject to all of the requirements necessary for the review and issuance of a conditional use permit as per § 159.024.

(Prior Code, Ch. 300 § 735.06)

   (A)   Shopping centers may be permitted in residential and general business districts following the issuance of a planned unit development conditional use permit.

(Prior Code, Ch. 300 § 739.01)

   (B)   Shopping centers which contain 2 or less retail stores on 5 acres or less may follow the planned unit development procedures set forth in § 159.066.

(Prior Code, Ch. 300 § 739.02)

   (C)   Shopping centers which contain 3 or more retail stores and/or include more than 5 acres in the total development plan shall follow the planned unit development procedure set forth in § 159.065.

(Prior Code, Ch. 300 § 739.03)

   (D)   The total development plan of any shopping center shall include at least 2 acres, although there is no minimum lot size for individual businesses located within a shopping center.

(Prior Code, Ch. 300 § 739.04)

   (E)   The developers of any shopping center shall demonstrate that they are financially able to carry out the project and that they will begin construction within 18 months after action on the proposal, and will substantially complete the project within 5 years; if the construction has not begun within 18 months, or if the project is not 50% completed within 5 years, any further development of any type shall require a conditional use permit and the Planning Commission may move to initiate a rezoning back to that in effect prior to commercial zoning.

(Prior Code, Ch. 300 § 739.05)

   (F)   Shopping centers shall be located adjacent to an arterial or collector street as shown on the City Comprehensive Plan.

(Prior Code, Ch. 300 § 739.06)

   (G)   All uses proposed in this section shall comply with the dimensional criteria established for the general and retail commercial district in § 159.041.

(Prior Code, Ch. 300 § 739.07)

      (1)   A minimum lot area of 20 acres shall be provided.

      (2)   A ceremony venue shall be an accessory use. The primary use shall be a homesteaded dwelling and the primary structure shall be the dwelling unit. The ceremony venue shall be operated by the occupant of the homesteaded dwelling.

      (3)   Accessory structures are subject to the standards contained in § 159.083 Accessory Buildings and Structures. With an interim use permit, an accessory structure may be permitted for ceremony venue use.

      (5)   There shall be no food or alcoholic beverages allowed.

      (6)   There shall be no overnight accommodations provided for customers or their guests.

      (7)   Ceremony venues shall not generate noise that unreasonably annoys, disturbs, or endangers the comfort or peace of any persons, or precludes their enjoyment of property or affects their property’s value.

      (9)   The applicant shall provide information in the application for the permit, and as requested by the city for permit review, regarding the ceremonies provided by the venue. Information shall include the number of attendees per ceremony, number of ceremonies per year, number of employees, hours of operation, parking facilities, sanitary facilities, lighting, sound amplification, temporary structures/tents, signage, screening, and landscaping. As deemed necessary, the City Council may restrict the operation of the venue.

      (10)   Off-street parking shall be required in the ratio of 1 parking space for each 3 seats. The off-street parking area and the number of parking spaces shall be shown on a site plan to be submitted with the application.

      (11)   A transportation management plan shall be submitted to the Zoning Administrator at the time of application. This plan shall address traffic control, including traffic movement to the public street system and impact on the surrounding roadways.

      (12)   A grading, drainage and erosion control plan shall be submitted if required by the Zoning Administrator. The standards of the Watershed Management Organization or Watershed District and the Washington Conservation District must be met.

      (13)   Landscaping may be required to be installed to buffer the use from the adjacent land uses and to provide screening. A landscape plan shall be submitted at the time of application for an interim use permit, if required by the Zoning Administrator.

      (14)   Signage shall comply with the following requirements in addition to conforming to the general standards set forth in §§ 159.180 through 159.205: one sign up to 16 square feet is permitted per ceremony venue. The sign shall not be electronic and it shall not be internally, externally or indirectly illuminated.

(Ord. 7539, passed 5-21-2013; Am. Ord. 7544, passed 4-21-2015)

   (C)   Outside uses accessory to restaurants and similar retail uses in the retail business district.

            1.   Outside uses must comply with all noise requirements set forth by this code.

            2.   The city's noise ordinance provides restrictions on noise that may be generated from an outside use, including but not limited to the following: between 10:00 p.m. and 7:00 a.m., if a noise from a musical instrument, radio, or other device for the production or reproduction of sound is plainly audible at the property line of the structure in which the device is located, or at a distance of 50 feet if the source is located outside, it shall be prima facie evidence of a violation.

            3.   Outside speakers/amplifiers are limited to low volume and facing away from the adjacent residential uses.

            4.   No outside speakers are allowed to be used after 10:00 p.m.

            5.   No live music is allowed outside after 10:00 p.m.

            6.   No music that can be heard beyond the property line adjacent to residential uses is allowed.

            7.   No TV's or other visual media are allowed outside.

            8.   Time restrictions for noise related to cleaning and preparation activities for the outside uses shall be the same as for the use of residential maintenance equipment. These activities are allowed only after 7:30 a.m. on weekdays and after 9:30 a.m. on weekends.

            1.   The location of the outside uses is restricted to the east side of the buildings in the Retail Business District (RBD), to screen the uses from the residential uses to the west.

            2.   An exception to this restriction may be allowed for a new building constructed in the RBD that does not face east, if the impacts to the adjacent residential uses to the west are effectively managed so that they are minimal. A separate conditional use permit shall be required for outside uses allowed under this exception.

            3.   Minimum conditions include an 8-foot tall solid barrier between the outside use and the adjacent residential uses to the west, and additional conditions necessary to ensure minimal impacts on the adjacent residential uses to the west.

            4.   The outdoor use areas shall conform to the areas delineated on a site plan and the uses shall be contained within the appropriate enclosed areas at all times.

            1.   All lighting shall be shielded from adjacent residential uses by the building or a solid barrier.

            2.   Lighting for the outside use areas shall be limited to down-lit shielded fixtures and mounted to the building, unless otherwise approved by the city.

            1.   The activities that are allowed in the outside use areas are limited to: seating, eating, smoking of tobacco and e-cigarettes, consumption of beverages (including alcohol with appropriate licensing), live music and recorded music.

            2.   If an outside use area is to be used only as a smoking patio, no food or beverage service will be allowed.

            3.   All sales related to a restaurant/bar use are to be contained inside the building.

            4.   All preparation of food and beverages is to occur inside the building.

            5.   A special event involving outside food preparation may be allowed within the standards for temporary outdoor sales and events. (These standards have been developed and recommended by the Planning Commission for approval by the Council).

            6.   There shall be a specific limit placed on the seating capacity of the outdoor use area.

            1.   The outside use area shall contain appropriate receptacles to dispose of tobacco products and waste.

            2.   All necessary building and site improvements shall be in place before any outside use is allowed.

            3.   The business owner is expected to keep the adjacent residential area and off-street parking areas free of tobacco products and other debris.

            4.   An outside use requires a Conditional Use Permit (CUP) or Interim Use Permit (IUP) and a city permit. If a CUP is approved, it shall be reviewed for compliance on an annual basis, or as the City Council deems necessary, to ensure compliance with the conditions of the CUP. If an IUP is approved, the expiration date of an IUP shall be set a maximum of 1 year beyond the approval date.

(Ord. 7541, passed 1-21-2014)