(A)   Applicability. All uses, buildings, and structures shall conform to the regulations of the Minnesota Pollution Control Agency relating to air, water, noise, and solid wastes.

(Prior Code, Ch. 300 § 707.01)

   (B)   Tributary pollution. No use shall be permitted which will cause or result in the pollution of any tributary of the St. Croix River, Mississippi River, any lake, stream, or other body of water in the city.

(Prior Code, Ch. 300 § 707.02)

   (C)   Insecticides, herbicides. Chemical insecticides or herbicides shall be stored, handled, and utilized as per the standards set forth by the Minnesota Pollution Control Agency.

(Prior Code, Ch. 300 § 707.03)

   (A)   No land shall be developed or altered and no use shall be permitted that results in surface water runoff causing unreasonable flooding, erosion, or deposit of minerals on adjacent properties or water bodies. Such runoff shall be properly channeled into a storm drain, a natural watercourse or drainage way, a ponding area, or other public facility.

(Prior Code, Ch. 300 § 740.01)

   (B)   The Zoning Administrator, upon inspection of any site which has created drainage problems or could create drainage problems with proposed new development, may require the owner of the site or contractor to complete a grading plan and apply for a grading permit.

(Prior Code, Ch. 300 § 740.02)

   (C)   The owner or contractor of any natural drainage improvement or alteration may be required by the Zoning Administrator to obtain recommendations from the Minnesota Department of Natural Resources, the Soil Conservation Agent, the affected Watershed District(s), Water Management Organization (WMO) and/or the City Engineer, as well as obtaining a local grading permit.

(Prior Code, Ch. 300 § 740.03)

   (D)   On any slope in excess of 13% where, in the opinion of the Zoning Administrator or City Engineer, the natural drainage pattern may be disturbed or altered, the Zoning Administrator may require the applicant to submit both a grading plan and a soil conservation plan prior to applying for a building permit.

(Prior Code, Ch. 300 § 740.04)

   (E)   The owner or contractor of any natural drainage improvement or alteration shall follow the recommendations of Washington County and the affected watershed district, Water Management Organization (WMO), the Minnesota Department of Natural Resources, and the Soil Conservation Association and the city concerning drainage and runoff.

(Prior Code, Ch. 300 § 740.05)

   (A)   Within this chapter, land reclamation is the reclaiming of land by depositing or moving material so as to alter the grade. Land reclamation shall be permitted only by conditional use permit in all districts. Depositing a total of more than 50 cubic yards of material per acre, either by hauling in or re-grading the area, shall constitute land reclamation. Land reclamation in floodplains shall be in accordance with the Floodplain Ordinance of Chapter 154. The permit shall include as a condition thereof a finished grade plan which will not adversely affect the adjacent land and as conditions thereof shall regulate the type of material permitted, program for rodent control, plan for fire control, and general maintenance of the site, controls of vehicular ingress and egress, drainage and control of material disbursed from wind, or hauling of material to or from the site.

(Prior Code, Ch. 300 § 741.01)

   (B)   No person, partnership or association, private or public corporation, county, municipality or other political subdivision shall appropriate or use any public water, surface or underground, without first securing a use of public waters permit and written permission of the Commissioner of the Division of Waters, Soils and Minerals of the State Department of Natural Resources. For purposes of these regulations, PUBLIC WATERS shall be as defined in M.S. Chapter 103G, as it may be amended from time to time, and as follows:

      (1)   Public waters shall include all lakes, ponds, swamps, streams, drainage ways, floodplains, floodways, natural watercourses, underground water resources, and similar features involving directly or indirectly the use of water within the city.

      (2)   No public water area shall be filled, partially filled, dredged, altered by grading, mining or otherwise utilized or disturbed in any manner without first securing a public waters use permit from the Minnesota Department of Natural Resources and the U.S. Army Corps of Engineers, and a grading permit from the City Zoning Administrator. These grading permits shall be reviewed and approved by the Department of Natural Resources, the City Engineer, the Watershed District, Water Management Organization (WMO), the Planning Commission and the City Council.

(Prior Code, Ch. 300 § 741.02)

   (A)   On any development or land reclamation project with more than 1 acre of soil, drainage patterns or vegetation cover that would be either destroyed or disturbed by the construction process, the National Pollutant Discharge Elimination System (NPDES) permit from the Minnesota Pollution Control Agency, the City Zoning Administrator may require the owner or contractor on the project to request the Soil Conservation District to prepare a Soil Conservation Plan to protect the soil from erosion or sheet runoff for the duration of the construction project and/or over the long-term occupancy of the site.

(Prior Code, Ch. 300 § 742.01)

   (B)   The Zoning Administrator may require a soil conservation plan on projects which disturb less than 1 acre of soil, drainage patterns or vegetation cover if, in the judgment of the Zoning Administrator, significant soil erosion, vegetation destruction, or drainage damage may occur during the construction process.

(Prior Code, Ch. 300 § 742.02)

   (C)   A soil conservation plan shall consist of specific written recommendations on how to protect the soil, vegetation, and drainage patterns during the construction process. The Zoning Administrator may require construction fencing along the edges of the construction area.

(Prior Code, Ch. 300 § 742.03)

   (D)   Where construction of a structure is proposed on slopes of 13% to 18%, the Zoning Administrator may require the applicant to provide a grading and erosion control plan and may require a city permit.

(Prior Code, Ch. 300 § 742.04)

   (E)   Where construction of a structure is proposed on slopes of 18% to 25%, the Zoning Administrator shall require the applicant to provide a grading and erosion control plan and a city permit prior to issuance of a building permit.

(Prior Code, Ch. 300 § 742.05)

   (F)   The City Council may require the applicant to post a bond to ensure the orderly completion of the grading and erosion control plan by a specific date.

(Prior Code, Ch. 300 § 742.06)

   All mining and related uses of land, including but not limited to the excavation, removal or storage of sand, gravel, rock, clay, and other natural deposits, are subject to the adopted standards, codes, ordinances and regulations of the Planning Commission and/or City Council related to such activities and all regulations in the Washington County Development Code, Chapter 6 and the City of Lakeland Code, Chapter 156, Mining Regulations.

(Prior Code, Ch. 300 § 743.01)

   (A)   Applicability. All agricultural operations in existence upon the effective date of this chapter shall be a permitted use. However, all regulations contained herein and other city ordinances in effect shall apply to all changes of the agricultural operation which will cause all or part of the area to become more intensively used or more urban in character. Setback and other regulations shall apply to agricultural operations just as they do to urban developments. Any agricultural building exceeding $1,000 in value erected on a farm shall require a city permit and shall meet the provisions of this chapter.

(Prior Code, Ch. 300 § 744.01)

   (B)   Rural agricultural operations. Rural agricultural operations may occur on parcels of 10 or more contiguous acres in agricultural districts. Rural agricultural operations may include the production of farm crops, such as vegetables, fruit trees, grain and other crops, and their storage on the area, as well as for the raising thereon of farm poultry, domestic pets, and domestic farm animals.

(Prior Code, Ch. 300 § 744.02)

   (C)   Accessory uses. Rural agricultural operations may include necessary accessory uses for treating, storing or producing retail farm market products; provided, however, that the operation of any such accessory uses shall be secondary to that of the primary agricultural activity.

(Prior Code, Ch. 300 § 744.03)

   (D)   Exclusions; conditional use permits. Rural agricultural operations may not include commercial livestock pen feeding (feedlots) without first receiving a conditional use permit from the local City Council and a Minnesota Pollution Control Agency feedlot permit.

(Prior Code, Ch. 300 § 744.04)

   (E)   Garbage. Commercial feeding operations shall not include the feeding of garbage to swine or other animals.

(Prior Code, Ch. 300 § 744.05)

   (F)   Suburban agricultural operations. Suburban agricultural operations may occur on parcels of less than 10 contiguous acres in Agricultural or R-1 Districts. Suburban agricultural operations may include the production of crops such as fruit trees, shrubs, plants and flowers, and vegetables, provided the produce is intended for the use of the residents on the property or sale away from the property, or for temporary seasonal produce sales which require no roadside stand.

(Prior Code, Ch. 300 § 744.06)

   (G)   Domestic farm animals. Suburban agricultural operations may include domestic farm animals, provided:

      (1)   The parcel is at least a nominal 5 acres in area with at least 2 acres of grazable acreage per animal (see § 159.114);

      (2)   An adequate animal shelter structure can be constructed; and

      (3)   A Minnesota Pollution Control Agency permit can be obtained by the owner/applicant.

(Prior Code, Ch. 300 § 744.07)

   (H)   Exceptions. Suburban agricultural operations shall not include the raising of domestic farm animals (on parcels of less than 5 acres), roadside stands for sale of products, process or packaging operations, or similar uses.

(Prior Code, Ch. 300 § 744.08)

   (I)   Conditional use permit. The City Council may require any farm operation not located in an agricultural district to secure a conditional use permit to continue the operations in the event of the following:

      (1)   A nuisance on a farm is adjacent to or within 100 feet of any property line and may be detrimental to living conditions by emitting noise, odor, vibrations, hazards to safety, and the like; and/or

      (2)   The farm operations are so intensive as to constitute an industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade and further, that the operations may tend to become a permanent industrial type operation that cannot be terminated as can a normal farming operation. Excessive trucking operations shall be considered as intensive use.

(Prior Code, Ch. 300 § 744.09)

   All uses associated with the bulk storage of over 2,000 gallons of soil, gasoline, liquid fertilizer, chemicals, and similar liquids shall require a conditional use permit in order that the Zoning Administrator may have assurance that fire, explosion, or water or soil contamination hazards are not present that would be detrimental to the public health, safety, and general welfare. All existing, above-ground liquid storage tanks having a capacity in excess of 2,000 gallons shall secure a conditional use permit within 12 months following enactment of this chapter; the Zoning Administrator shall require the development of diking around the tanks, suitably sealed, to hold a leakage capacity equal to 115% of the tank capacity. Any existing storage tank that, in the opinion of the Planning Advisory Commission, constitutes a hazard to the public safety shall discontinue operations within 5 years following enactment of this chapter (also see § 159.152).

(Prior Code, Ch. 300 § 715.01)

   No activities involving the storage, use, or manufacture of materials or products which could decompose by detonation shall be permitted except as are specifically permitted by the City Council. Such materials shall include but not be confined to all primary explosives such as lead azide and mercury fulminate, all high explosives and boosters such as TNT, tetryl and nitrates, propellants and components thereof such as nitrocellulose, nitroglycerine, blasting explosives such as dynamite and nuclear fuel, and reactor elements such as uranium 235 and plutonium.

(Prior Code, Ch. 300 § 716.01)

   (A)   Screening shall be required in residential zones where:

      (1)   Any off-street parking area contains more than 4 parking spaces and is within 30 feet of an adjoining residential zone; and

      (2)   Where the driveway to a parking area of more than 6 parking spaces is within 15 feet of an adjoining residential use or zone.

(Prior Code, Ch. 300 § 708.01)

   (B)   Where any business or (structure, parking, or storage) is adjacent to property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business, parking lot, or industry is across the street from a residential zone, but not on the side of a business or industry considered to be the front.

(Prior Code, Ch. 300 § 708.02)

   (C)   All exterior storage shall be screened. The exceptions are:

      (1)   Merchandise being displayed for sale;

      (2)   Materials and equipment currently being used for construction on the premises; and

      (3)   Merchandise located on service station pump islands.

(Prior Code, Ch. 300 § 708.03)

   (D)   The screening required in this section shall consist of earth mounds, berms, or ground forms; fences and walls; landscaping (plant materials) or landscaped fixtures (such as timbers) used in combination or singularly so as to block direct visual access to an object.

(Prior Code, Ch. 300 § 708.04)

   (A)   Landscaping on a lot shall consist of a finish grade and a soil retention cover such as sod, seed, and mulch, plantings or as may be required by the Zoning Administrator to protect the soil and aesthetic values on the lot and adjacent property.

(Prior Code, Ch. 300 § 709.01)

   (B)   In all districts, all developed uses shall provide landscaping from the urban curb and gutter to the road right-of-way lines. This landscaped yard shall be kept clear of all structures, exterior storage, and off-street parking.

(Prior Code, Ch. 300 § 709.02)

   (C)   Landscaping shall be provided and maintained on all required front and side yards in all developed districts except where pavement or crushed stone is used for walkways or driveways.

(Prior Code, Ch. 300 § 709.03)

   In all districts, all structures, landscaping, and fences shall be reasonably maintained so as to avoid health and safety hazards and prevent degradation in the value of adjacent property.

(Prior Code, Ch. 300 § 710.01)

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

      CLEAR CUTTING. Removal of all live vegetation in excess of 6 inches in diameter at breast height on any area of 20,000 square feet or more in size.

      SELECTIVE CUTTING. The removal of single scattered live trees or shrubs in excess of 6 inches in diameter at breast height.

(Prior Code, Ch. 300 § 748.01)

   (B)   Clear cutting of vegetation shall not be permitted within any required yard of any lot or parcel within any zoning use district.

(Prior Code, Ch. 300 § 748.02)

   (C)   Clear cutting for commercial tree production purposes shall require a conditional use permit in A-1 District (see § 159.043).

(Prior Code, Ch. 300 § 748.03)

   (D)   Selective tree cutting may occur on any lot provided: Any cutting on slopes of greater than 18% shall require a Soil Conservation District revegetation plan and a city permit prior to issuance of a building permit.

(Prior Code, Ch. 300 § 748.04)

   (A)   Purpose.

      (1)   It is the purpose of this section to encourage the use of lighting systems that will reduce light pollution and promote energy conservation while increasing nighttime safety, utility, security, and productivity.

      (2)   The provisions of this section shall not apply to the following:

         (a)   This section does not prohibit the use of temporary outdoor lighting used during customary holiday seasons;

         (b)   This section does not prohibit the use of temporary outdoor lighting used for civic celebrations and promotions;

         (c)   Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings or structures; or

         (d)   Emergency lighting by police, fire, and rescue authorities.

(Prior Code, Ch. 300 § 711.01)

   (B)   Nonconforming uses. All outdoor lighting fixtures existing and legally installed prior to May 15, 2001, the effective date of this section, are exempt from regulations of this section but shall comply with the previous ordinance requirement for glare as follows:

      (1)   Deflection of light. Any lighting used to illuminate an off-street parking area, sign, or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed 1 foot-candle (meter reading) as measured from the centerline of the street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot-candles (meter reading) as measured from the property.

      (2)   New fixtures. Whenever a light fixture that was existing on the effective date of this chapter is replaced by a new outdoor light fixture, the provisions of this section shall be complied with.

(Prior Code, Ch. 300 § 711.02)

   (C)   Intensity. No light source or combination thereof which cast light on a public street shall exceed 1 foot-candle meter reading as measured from the centerline of the street, nor shall any light source or combination thereof which cast light on adjacent property exceed 0.4 foot-candle as measured at the property line.

(Prior Code, Ch. 300 § 711.03)

   (D)   Method of measuring light intensity. The foot-candle level of a light source shall be taken after dark with the light meter held 6 inches above the ground with the meter facing the light source. A reading shall be taken with the light source on, then with the light source off. The difference between the 2 readings will be identified as the light intensity.

(Prior Code, Ch. 300 § 711.04)

   (E)   Performance standards.

      (1)   Residential/agricultural district standards. In all residential/agricultural districts, any lighting used to illuminate an off-street parking area, structure, or area shall be arranged as to deflect light away from any adjoining residential property or from any public right-of-way in accordance with the following provisions:

         (a)   The light source shall be hooded or controlled so as not to light adjacent property.

         (b)   Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way, unless part of a public street lighting fixture.

      (2)   Commercial and industrial districts. Any lighting used to illuminate an off-street parking area, structure, or area shall be arranged so as to deflect light away from any adjoining property or from any public right-of-way in accordance with the following provisions:

         (a)   Shielding. The luminaries shall contain a cutoff, which directs and cuts off the light at an angle of 90 degrees or less.

         (b)   Intensity. Light sources shall not be permitted so as to light adjacent property.

         (c)   Height. The maximum height above the ground grade permitted for light sources mounted on a pole is 25 feet. A light source mounted on a building shall not exceed the height of the building. In no case shall the height of a light source mounted on a pole or on a building exceed the height limits of the zoning district in which the use is located unless allowed by conditional use permit.

         (d)   Location.

            1.   The light source of an outdoor light fixture shall be set back a minimum of 10 feet from a street right-of-way and 5 feet from an interior side or rear lot line.

            2.   No light sources shall be located on the roof unless the light enhances the architectural features of the building and is approved by the Zoning Administrator.

         (e)   Hours.

            1.   The use of outdoor lighting for parking lots serving commercial and industrial businesses shall be turned off 1 hour after closing, except for approved security lighting.

            2.   All illuminated on-premises and off-premises signs for advertising purposes shall be turned off between 11:00 p.m. and sunrise, except that the signs may be illuminated while the business facility on the premises is open for service.

         (f)   Glare.   Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property.

         (g)   Neon. The use of neon lighting as an accent to the buildings or signage or as a direct source of lighting shall be prohibited.

(Prior Code, Ch. 300 § 711.05)

   (F)   Outdoor recreation. Outdoor recreational uses such as but not limited to baseball fields, football fields, tennis courts, and snow skiing areas have special requirements for night-time lighting. Due to these unique circumstances, a conditional use permit shall be required for outdoor lighting systems which do not comply with regulations of this section, however.

      (1)   No outdoor recreation facility, whether public or private, shall be illuminated after 11:00 p.m.

      (2)   Off-street parking areas for outdoor recreation uses which are illuminated shall meet the requirements stated for commercial and industrial applications as provided herein.

(Prior Code, Ch. 300 § 711.06)

   (G)   Outdoor signs.  

      (1)   Signs not exclusively illuminated internally may only utilize illuminating devices mounted on top and facing downward of the display structure. Outdoor signs constructed of translucent materials and wholly illuminated from within do not require shielding. All shall comply with all other provisions of this section.

      (2)   The following outdoor lights are prohibited within the city:

         (a)   The use of search lights for any business shall be prohibited; and

         (b)   Flashing lights.

   (H)   Submission of plans. All applications, except single-family residential, that include outdoor lighting must include evidence the proposed outdoor lighting will comply with this section. The application shall contain the following information in addition to other required information:

      (1)   Site plans indicating the location on the premises of all illuminating devices, fixtures, lamps, supports, reflectors, and other lighting devices;

      (2)   Description of the type of illuminating devices, fixtures, lamps, supports, reflectors, and other lighting devices. The description may include but is not limited to catalog cuts by manufacturers and drawings (including sections where required); and

      (3)   Photometric plans illustrating the angle of the cutoff or light emissions, and illumination field of the proposed site lighting.

(Prior Code, Ch. 300 § 711.07) (Am. Ord. 7493, passed 5-15-2001)

   (A)   Access drives may not be placed closer than 5 feet to any side or rear lot line. No access drive shall be closer than 3 feet to any single-family residence or 2-families, no closer than 5 feet to any multiple-families building or commercial building. The number and type of access drives onto major streets may be controlled and limited in the interests of public safety and efficient traffic flow.

(Prior Code, Ch. 300 § 745.01)

   (B)   Access drives onto county roads shall require an access permit from the County Engineer. This permit shall be acquired prior to the issuance of any building permits. The County Engineer shall determine the appropriate location, size, and design of the access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow. The County Engineer may refer the request for an access drive permit onto a county road to the Planning Advisory Commission for its comment.

(Prior Code, Ch. 300 § 745.02)

   (C)   Access drives to principal structures which traverse wooded, steep, or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The City Engineer or Building Official shall review all access drives (driveways) for compliance with accepted city access drive standards.

(Prior Code, Ch. 300 § 745.03)

   (D)   Driveway/access way standards are as follows.

 

 

(Prior Code, Ch. 300 § 745.04)

   (E)   (1)   All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway, or an existing private roadway approved by the City Council.

      (2)   In addition to the required direct physical access along the frontage of the lot or parcel to the approved public or private roadway, a lot or parcel may have private easement access drives to the lot over adjacent lots or parcels.

(Prior Code, Ch. 300 § 745.05)

   (A)   Private roads may be utilized in planned unit developments and cluster developments, provided:

      (1)   Ownership and maintenance of the roads shall be the responsibility of the homeowners' association.

      (2)   The road design shall meet or exceed the city standards for public roads including travel by emergency vehicles.

      (3)   The road right-of-way shall be platted as an outlot in the final plat, and shall meet or exceed the right-of-way requirements for an equivalent public road in the city.

      (4)   The homeowners' association shall establish a formal, written procedure for petitioning city takeover of the road. The association shall provide written evidence that at least 90% of the voting members of the association approved the transfer of road responsibilities to the city.

      (5)   The city and the homeowners' association shall establish an assessment procedure for all abutting, benefiting land in case public dedication and/or upgrading of the previously existing private road is officially petitioned for by the homeowners' association.

      (6)   An easement is granted to the city by the association, which allows the city to use the road and road right-of-way for any reasonable public purpose, including but not limited to travel by emergency vehicles and installation of public utilities and conveniences.

(Prior Code, Ch. 300 § 746.01)

   (B)   Private roads shall not connect 2 or more existing or proposed public roads or road rights-of-way.

(Prior Code, Ch. 300 § 746.02)

   (C)   Private roadway systems within cluster developments or planned unit developments shall provide access to the public, city road system only, and shall not connect with private roads of other developments without the formal written approval of each homeowners' association and the City Council.

(Prior Code, Ch. 300 § 746.03)

   (D)   Before final approval is given for a private road by the City Council, the homeowners' association shall grant the city an option to acquire the full right-of-way otherwise required by the City Zoning and Subdivision Ordinances for public road purposes along the entire length of the private road, at such time as the City Council, in its sole discretion, determines that it is in the public interest to acquire the road without any cost to the city.

(Prior Code, Ch. 300 § 746.04)

   (A)   Surfacing and drainage. Off-street parking areas shall be improved with a durable and dustless surface. The areas shall be so graded and drained as to dispose of all surface water accumulation within the parking area. Durable and dustless surface may include crushed rock and similar treatment for parking accessory to 1-, 2-, 3-, and 4-unit residential structures; all other uses shall utilize asphalt, concrete, or a reasonable substitute surface as approved by the City Engineer. All surfacing must be completed prior to occupancy of the structure unless other arrangements have been made with the city.

(Prior Code, Ch. 300 § 712.01)

   (B)   Location. All accessory off-street parking facilities required herein shall be located as follows:

      (1)   Spaces accessory to 1- and 2-family dwellings on the same lot as the principal use served;

      (2)   Spaces accessory to multiple-family dwellings on the same lot as the principal use served and within 200 feet of the main entrance to the principal building served. Parking as required by the Building Code for the handicapped shall be provided;

      (3)   Spaces accessory to uses located in a business or industrial district shall be within 800 feet of a main entrance to the principal building served. Parking as required by the Building Code for the handicapped shall be provided;

      (4)   There shall be no off-street parking space within 10 feet of any street right-of-way; and

      (5)   No off-street parking area shall be located closer than 5 feet from an adjacent lot zoned or used for residential purposes, except when adjoining an existing parking area on the adjacent lot.

(Prior Code, Ch. 300 § 712.02)

   (C)   Underground parking credits. In any development in which all or a portion of the required off-street parking is fully enclosed and below ground elevation, the minimum lot area requirements shall be reduced by 15% per dwelling unit as set forth in division (I) of this section, but the reduction shall not be greater than 20% of the total parking space area requirement.

(Prior Code, Ch. 300 § 712.03)

   (D)   General provisions.

      (1)   Reduction of existing spaces. Existing off-street parking spaces and loading spaces upon the effective date of this chapter shall not be reduced in number unless the number exceeds the requirements set forth herein for a similar use.

      (2)   Benches in places of public assembly. In stadiums, sport arenas, churches, and other places of public assembly, in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 22 inches of the seating facilities shall be counted as 1 seat for the purpose of determining requirements for off-street parking facilities under this chapter.

      (3)   Parking spaces. Each parking space shall not be less than 10 feet wide and 20 feet in length exclusive of an adequately designed system of access drives. Parking lots that separate vehicles based on size may be designed with parking spaces less than or greater than 10 feet wide and 20 feet in length depending upon the size of vehicle as long as adequate space is provided for easy and safe ingress and egress for the vehicle. Proposed reductions in or additions to the parking space size must be submitted in a dimensioned site plan with size of vehicle to use parking spaces indicated, to the Zoning Administrator for review and approval. Signs specifying the vehicle size to use the parking space may be required by the Zoning Administrator. Parking spaces for the handicapped shall not be less than 12 feet wide and 20 feet in length.

      (4)   Use of parking facilities. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of passenger automobiles and/or 1 truck not to exceed 12,000 pounds gross capacity for each dwelling unit. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants, or customers of nearby business or manufacturing establishments.

      (5)   Joint parking facilities. Off-street parking facilities for a combination of mixed buildings, structures or uses may be provided collectively in any district (except residential districts) in which separate parking facilities for each separate building, structure, or use would be required, provided that the total number of spaces provided shall equal the sum of the separate requirements of each use during any peak hour parking period.

      (6)   Control of off-street parking facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the same ownership or control, either by deed or long-term lease, as the property occupied by the principal use, and the owner of the principal use shall file a recordable document with Washington County requiring the owner and that owner's heirs and assigns to maintain the required number of off-street parking spaces during the existence of the principal use.

      (7)   Use of parking area. Required off-street parking space in any district shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for sale or for rent.

      (8)   Surfacing. In residential districts, no more than 25% of the required setback area shall be surfaced or utilized for driveway or vehicle storage space.

(Prior Code, Ch. 300 § 712.04)

   (E)   Design and maintenance of off-street parking areas.

      (1)   Design. Parking areas shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access widths shall be in accordance with the State Highway Department Standards, but in no case shall they exceed 32 feet in width unless a conditional use permit has been obtained approving the larger width. Driveway access shall be so located as to cause the least interference with traffic movement. There shall be only 1 driveway access for each residential lot.

      (2)   Calculating space. When the calculation of the number of off-street parking spaces required results in a fraction, the fraction shall require a full space.

      (3)   Signs. No signs shall be located in any parking area except as necessary for orderly operation of traffic movement, and the signs shall not be a part of the permitted advertising space.

      (4)   Surfacing. All of the area intended to be utilized for parking space and driveways shall be surfaced with a material to control dust and drainage. Parking areas for less than 3 vehicle spaces shall be exempt.

      (5)   Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged so it is not directly visible from the adjoining property and in a downward vertical direction.

      (6)   Curbing and landscaping. All open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb not less than 5 feet from the side property line or a guard of normal bumper height no less than 3 feet from the side property line. When the area is for 6 spaces or more, a curb or screening not over 4 feet in height shall be erected along the front yard setback line and grass or planting shall occupy the space between the sidewalk and curb or screening.

      (7)   Planting islands. For each additional 3,000 square feet, or a portion thereof, of parking area beyond the first 3,000 square feet, 1 planting island of identical size to the neighboring parking space, but not less than 200 square feet, shall be installed within the interior of the parking surface. All planting islands shall have 6-inch concrete or asphalt curbs and a landscaped interior.

      (8)   Parking space for 6 or more cars. When a required off-street parking space for 6 or more cars is located adjacent to a residential district, a fence or screens not less than 4 feet in height shall be erected along the residential district property line.

      (9)   Maintenance of off-street parking space. It shall be the joint responsibility of the operator and owner of the principal use or building to reasonably maintain the parking space, access ways, landscaping, and required fences.

      (10)   Access. All off-street parking spaces shall have access from driveways and not directly from the public street.

      (11)   Determination of areas. The parking space per vehicle shall not be less than 300 square feet, or an area equal to (the width of the parking space) multiplied by (the length of the parking space) plus 11 feet.

      (12)   Distance from building. No parking space shall be closer than 10 feet to any building.

      (13)   Fire lanes. Fire access lanes shall be provided as required by the Building or Fire Code.

(Prior Code, Ch. 300 § 712.05)

   (F)   Truck parking in residential areas. No motor vehicle and/or trailer over 1 ton capacity bearing a commercial marking and used for commercial purposes shall be parked or stored in a residential district except when loading, unloading, or rendering a service.

(Prior Code, Ch. 300 § 712.06)

   (G)   Residential parking. Parking in residential areas (off-street and on-street) shall be limited to the use of the residents and their guests, except for short-term parking (6 hours or less).

(Prior Code, Ch. 300 § 712.07)

   (H)   Off-street parking. Off-street parking spaces shall not be reduced in number unless the number exceeds the requirements set forth herein.

(Prior Code, Ch. 300 § 712.08)

   (I)   Off-street space requirements. Off-street parking spaces required (1 space equals 300 square feet) shall be as follows for:

 

(Prior Code, Ch. 300 § 712.09)

   (A)   Location. All required loading berths shall be off-street and shall be located on the same lot as the building or use to be served. A loading berth shall be located at least 25 feet from the intersection of 2 street rights-of-way and a least 50 feet from a residential district, unless within a building. Loading berths shall not occupy the required front yard space.

(Prior Code, Ch. 300 § 713.01)

   (B)   Size. Unless otherwise specified in this chapter, a required loading berth shall not be less than 12 feet in width, 50 feet in length and 14 feet in height, exclusive of aisle and maneuvering space.

(Prior Code, Ch. 300 § 713.02)

   (C)   Access. Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will least interfere with traffic.

(Prior Code, Ch. 300 § 713.03)

   (D)   Surfacing. All loading berths and access ways shall be improved with a hard surface to control the dust and drainage before occupancy of the structure.

(Prior Code, Ch. 300 § 713.04)

   (E)   Accessory use. Any space allocated as a loading berth or maneuvering area so as to comply with the terms of this chapter shall not be used for the storage of goods, inoperable vehicles, or be included as a part of the space requirements necessary to meet the off-street parking area.

(Prior Code, Ch. 300 § 713.05)

   (F)   Unloading area. Any structure erected or substantially altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, shall provide off-street loading space as required for a new structure.

(Prior Code, Ch. 300 § 713.06)

   (A)   (1)   The traffic generated by any use shall be controlled so as to prevent:

         (a)   Congestion of the public streets;

         (b)   Traffic hazards; and

         (c)   Excessive traffic through residential areas, particularly truck traffic.

      (2)   Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial areas shall in all cases be forward moving with no backing into streets.

(Prior Code, Ch. 300 § 714.01)

   (B)   On any corner lot, nothing shall be placed or allowed to grow in such manner as to impede vision between a height of 2-1/2 and 10 feet above the centerline grades of the intersecting streets within 15 feet of the intersecting street right-of-way lines. This restriction shall also apply to the planting of crops and to yard grades that result in elevations that impede vision within 15 feet of any intersecting street right-of-way lines.

(Prior Code, Ch. 300 § 714.02)

   (C)   Obstruction of right-of-way.

      (1)   The city's Street Commissioner is authorized and directed to secure the removal of any object placed within the dedicated right-of-way of any street in the city, which obstructs or interferes or reasonably tends to obstruct and interfere with street maintenance, snow removal, ditch maintenance or construction, and/or any object or article which creates an unreasonable risk of personal injury or property damage to travelers on the city's streets or the residents of the city.

      (2)   In the case of violations:

         (a)   The Street Commissioner shall notify, in writing, the affected property owner where the objection is located and request immediate removal of the object by the property owner.

         (b)   If the property owner fails or refuses to remove the object within 30 days of notice and if the obstruction presents and immediate and unreasonable risk to the public safety, the Street Commissioner shall direct the city representative to enter upon the dedicated right-of-way and remove the obstruction immediately.

         (c)   Whenever the city representative is required to remove objects from the dedicated right-of-way, the City Clerk shall bill the affected property owner for reasonable cost and expense of the removal.

(Prior Code, Ch. 300 § 714.03)

   No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of ordinary business or household equipment and appliances. Any such omissions are hereby declared to be a nuisance.

(Prior Code, Ch. 300 § 721.01)

   (A)   No odors, vibration, noise, smoke, air pollution, liquid or solid wastes, heat, glare, dust or other such sensory irritations or health hazards shall be permitted in any district in excess of the minimum standards as set forth in this section. Any violation of these standards is hereby declared a nuisance. The minimum standard shall be as follows:

      (1)   Odors. Any use shall be so operated as to prevent the emission of odorous or solid matter of a quality or quantity as to be reasonably objectionable at any point beyond the lot line of the site on which the use is located.

      (2)   Vibration. The following vibrations are prohibited:

         (a)   Any vibration discernible (beyond the property line) to the human sense of feeling for 3 minutes' or more duration in any 1 hour; or

         (b)   Any vibration resulting in any combination of amplitudes and frequencies beyond "safe" range of the most current standards of the United States Bureau of Mines on any structure.

      (3)   Toxic or noxious matter. Any use shall be so operated as not to discharge, across the boundaries of the lot or through percolation into the atmosphere or 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.

      (4)   Air pollution. Any use shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort, or general welfare.

      (5)   Animals. Any building in which domestic farm animals are kept shall be a minimum distance of 100 feet from all lot lines (see § 159.083).

   (B)   Notwithstanding anything contained herein to the contrary, the minimum standards established by the Minnesota Pollution Control Agency for noise, glare, and air and water pollution shall be the minimum standards adopted for this section.

(Prior Code, Ch. 300 § 722.01)

   (A)   It shall be a nuisance for any person to store or keep any vehicles of a type requiring a license to operate on the public highway, but without a current license attached thereto, whether the vehicle be dismantled or not, outside of an enclosed building in residential or agricultural districts.

(Prior Code, Ch. 300 § 723.01)

   (B)   It shall be a nuisance to create or maintain a junk yard or vehicle dismantling yard except as provided herein.

(Prior Code, Ch. 300 § 723.02)

   (C)   The following are declared to be nuisances endangering public health:

      (1)   Causing or suffering the effluent from any cesspool, septic tank, drainfield, or human sewage disposal system to discharge upon the surface of the ground or dumping the contents thereof at any place except as authorized by the Minnesota Pollution Control Agency;

      (2)   Causing or suffering the pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste, or other substances; and

      (3)   Causing or suffering carcasses of animals not to be buried or destroyed or otherwise disposed of within 24 hours after death.

(Prior Code, Ch. 300 § 723.03)

   (D)   The following are declared to be nuisances affecting public peace and safety:

      (1)   The placing or throwing on any street, alley, road, highway, sidewalk, or other public property of any glass, tacks, nails, bottles, or other nuisances which may injure any person or animal or may cause damage to any pneumatic tire when passing over the same.

      (2)   The ownership, possession, or control of any unused refrigerator or other container, with doors which fasten automatically when closed, of sufficient size to retain any person, and which is exposed and accessible to the public, without removing the doors, lids, hinges, or latches, or providing locks to prevent access by the public.

(Prior Code, Ch. 300 § 723.04)

   (A)   Noise prohibited. It shall be unlawful to make, continue or cause to be made or continued, any noise in excess of the nose levels set forth unless the noise be reasonably necessary to the preservation of life, health, safety, or property.

(Prior Code, Ch. 300 § 724.01)

   (B)   Measurement of noise. Any activity not expressly exempted by this section which creates or produces sound, regardless of frequency, exceeding the ambient noise levels at the property line of any property (or if a condominium or apartment house, within any adjoining apartment) by more than 6 decibels above the ambient noise levels as designated in the following table at the time and place and for the duration then mentioned, shall be deemed to be a violation of this section, but any enumeration herein shall not be deemed to be exclusive.

 

 

      (1)   In determining whether a particular sound exceeds the maximum permissible sound level in the above table, the maximum allowable decibel levels for residential districts are as set forth in Column 3 of the table:

         (a)   Sounds in excess of the residential district limitations as measured in a residential district or other district; and

         (b)   During all hours of Sundays and state and federal holidays.

      (2)   Sounds emanating from the operation of the following are exempt from the provisions of this chapter:

         (a)   Motor vehicles on public highways;

         (b)   Aircraft;

         (c)   Outdoor implements such as power lawn mowers, snowblowers, power hedge clippers and power saws; and

         (d)   Pile drivers or jackhammers and other construction equipment from lawful and proper activities at school grounds, playgrounds, parks, or places wherein athletic contests take place.

(Prior Code, Ch. 300 § 724.02)

   (C)   Construction equipment. Except as hereinafter provided, no pile driver, jackhammer or other construction equipment shall be operated between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and during any hours on Saturdays, Sundays, and state and federal holidays, except under city issued permit.

      (1)   No internal combustion engine or any other power unit when operated in connection with construction or demolition equipment shall be operated at any time other than at the times set forth in this section, and any sound emitted from any such engine or power units shall not exceed 83 decibels measured along the property line.

      (2)   If an emergency situation exists or if substantial economic loss would result to any person unless allowed additional hours of equipment operation, a city issued permit may be granted for extended hours of operation of the construction equipment and internal combustion engine or power unit as follows:

         (a)   In the event of an emergency situation a permit may be granted for operation during any hour of any day for a period not to exceed 3 days or less while the emergency continues, and which permit may be renewed for periods of 3 days or less while the emergency continues.

         (b)   In the event of a determination of substantial economic loss to a person, a city issued permit may be granted for operation throughout the hours of 7:00 a.m. to 9:30 p.m. on weekdays and throughout the hours of 1:00 p.m. to 5:00 p.m. on Saturdays, Sundays, and state and federal holidays, upon the condition that, while any construction equipment, internal combustion engine or power unit is in operation, its location shall not be less than 600 feet in any direction from any dwelling; except that if, while the construction equipment, internal combustion engine or power unit is in operation, its location shall be no less than 1,200 feet in any direction from any dwelling, a permit may be granted for operation during any hour or any day.

(Prior Code, Ch. 300 § 724.03)

   (D)   Outdoor implements. Except as hereinafter provided, any power lawn mower, snow blower, power hedge clipper, power saw, or such other implements designed primarily for outdoor use, shall be operated only between the hours of 7:30 a.m. to 9:00 p.m. on weekdays, or between the hours of 9:00 a.m. to 9:30 p.m. on Saturday, Sundays, and state and federal holidays; provided, however, that such equipment, the operation of which conforms to the maximum allowable sound levels as prescribed herein, may be operated during the above prohibited hours.

(Prior Code, Ch. 300 § 724.04)