(A)   The performance standards established in this section are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible. The performance standards are designed to prevent and eliminate those conditions that cause blight or are detrimental to the environment.

   (B)   Before any building permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to these performance standards.

   (C)   The performance standards in this section shall apply to all uses in all districts. Nonconformities shall comply with the terms of the nonconformities section of the zoning regulations.

(Ord. 583, passed 8-26-2019)

   (A)   No cellar, basement, garage, tent, accessory building, or temporary family health care dwelling shall at any time be used as an independent residence or dwelling unit, temporarily or permanently.

   (B)   Pursuant to authority granted by M.S. § 462.3593, Subdivision 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.

   (C)   Basements may be used as living quarters or rooms as a portion of residential dwellings.

   (D)   Earth-sheltered housing shall not be considered as a basement or cellar.

   (E)   Tents, playhouses, or similar structures may be used for play or recreational purposes.

   (F)   Recreational vehicles may not be occupied or used for living, sleeping or housekeeping purposes.

   (G)   No building permit shall be issued for a dwelling unit that does not have frontage on a publicly opened right-of-way.

(Ord. 583, passed 8-26-2019)

   Any person desiring to improve property shall submit to the Zoning Administrator a site plan of the premises and information on the location and dimensions of existing and proposed buildings, the location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to city ordinances and code provisions. If questions exist in regard to property line location, a registered land survey shall be submitted with monuments staked at all property corners.

(Ord. 583, passed 8-26-2019)

   Except in the case of planned unit development as provided for in § 153.027, not more than one principal building shall be located on a lot.

(Ord. 583, passed 8-26-2019)

      (1)   Cantilevers up to ten feet in width, chimneys, flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than two feet into a yard.

      (2)   Terraces, steps, decks, uncovered porches, stoops or similar structures limited to not more than a height of three feet above grade may extend to within five feet of side yard and ten feet of rear yard lot lines, but not more than five feet into a required front yard or side yard adjacent to a public right-of-way.

      (3)   Recreational and laundry drying equipment, arbors and trellises, gazebos, and air- conditioning or heating equipment shall be allowed only in a rear or side yard, provided they are at a distance of five feet from any lot line.

      (4)   In residential districts, a one story entrance for a detached single-family or two-family dwelling may extend into the front yard setback not more than five feet, and shall not exceed 50 square feet in size.

      (5)   No encroachment shall be permitted in existing or required drainage and utility easements.

(Ord. 583, passed 8-26-2019)

      (1)   Belfries;

      (2)   Chimneys;

      (3)   Church spires;

      (4)   Conveyors, agricultural;

      (5)   Flag poles;

      (6)   Silos, agricultural;

      (7)   Grain elevators;

      (8)   Smokestacks;

      (9)   Water towers; or

      (10)   Poles and towers for essential services.

   (C)   No excluded roof equipment or structural element exceeding beyond the limited height of a building may occupy more than 25% of the area of such roof nor exceed ten feet in height above the district height limits.

(Ord. 583, passed 8-26-2019)

      (1)   No accessory use shall be constructed prior to the construction of the principal use on the same lot of record.

      (2)   An accessory use shall be located on the same lot of record as the principal use.

         (a)   No accessory use shall be located in any yard nearer to any public right-of- way than the closest wall of the principal building.

         (b)   This requirement shall not apply to accessory uses or buildings in rear yards that either:

            1.   Abut public alleys; or

            2.   Are defined as "through lots" with public street frontage abutting both front and rear yards.

      (3)   A zoning permit shall be required for any accessory use over 100 square feet and under 200 square feet.

      (4)   A building permit shall be required for any accessory use in excess of 200 square feet.

      (5)   Privately owned accessory uses shall not be located within any public utility easements, drainage easements or in any public right-of-way.

      (6)   No detached accessory use shall be located closer than six feet to the principal use or any other accessory use on the same lot of record.

      (7)   Accessory uses or any part thereof shall not be utilized as a dwelling.

      (8)   No commercial business of any nature shall be conducted within a residential accessory building or any part thereof except as may be permitted by § 153.100.

      (9)   Architectural details for accessory buildings are to be the same or similar as for the principal building based upon (but not limited to) the following criteria:

         (a)   Scale and detailing;

         (b)   Roof pitch orientation and slope;

         (c)   Overhang depth and details;

         (d)   Window and exterior door proportion and types;

         (e)   Building materials; and

         (f)   Exterior color.

      (10)   No single- or two-family dwelling unit garage, attached or detached, or the total area of all accessory structures shall exceed 1,000 square feet in area or the size of the footprint of the principal residential structure, whichever is greater.

      (11)   In addition to the size limitations in division (10) above, each single- and two-family residential lot may have one detached accessory structure up to 200 square feet in size that does not count towards said limitations.

      (12)   Except in the case of single- and two-family dwellings, the total amount of detached accessory building space shall not exceed the footprint or height of the principal building(s), except by conditional use permit.

      (13)   For residential uses, the height of any accessory structure shall not exceed the height of the principal structure or be greater than 15 feet in height, whichever is less.

      (14)   No accessory structure shall be closer than 7.5 feet to a side lot line of an internal lot, 20 feet to a side lot line of a corner, and ten feet to a rear lot line.

      (15)   The minimum rear yard setback for a garage that derives access from an alley shall be 20 feet.

      (16)   On residential lots greater than 1 acre in size, an additional 1,000 square feet of accessory structures may be permitted for each acre up to 4,000 square feet total in the following manner:

 

 

      (17)   Agricultural/farm buildings in the UR District accessory to an agricultural use are exempted from the height, building materials, and size requirements.

(Ord. 583, passed 8-26-2019)

         (a)   Have a predominance of hydric soils;

         (b)   Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

         (c)   Under normal circumstances support a prevalence of the vegetation.

         (a)   Any part of a subdivision if a plat of the subdivision has been approved by the City Council on or before the effective date of this section;

         (b)   A lot for which a building permit has been approved on or before the effective date of this section;

         (c)   Installation of fence, sign, telephone and electric poles and other kinds of posts or poles; or

         (d)   Emergency work to protect life, limb or property.

         (a)   A written application for storm water management plan approval, along with the proposed storm water management plan, shall be filed with the Zoning Administrator and shall include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted by right or as an exception in the underlying zoning district, and adequate evidence showing that the proposed use will conform to the standards set forth in this section. Prior to applying for approval of a storm water management plan, an applicant may have the storm water management plan reviewed by the appropriate departments of the city.

         (b)   Three sets of clearly legible copies of drawings and required information shall be submitted to the Zoning Administrator with all requisite fees and securities. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. At a minimum, the scale shall be one-inch equals 100 feet.

         (c)   In cases where the storm water management plan review is a portion of another application, the applicant must submit the materials required by this section for any such application to be deemed complete. The review of the plan shall proceed as part of the process for reviewing said application.

            1.   The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets;

            2.   Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving the information as the names and numbers of adjoining roads, railroads, utilities, subdivisions, towns and districts or other landmarks;

            3.   Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet;

            4.   A delineation of all streams, public waters and wetlands located on and immediately adjacent to the site, including any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency and/or the United States Army Corps of Engineers;

            5.   Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water or wetland, and setting forth those areas of unaltered site where storm water collects; and

            6.   One hundred-year flood plains, flood fringes and floodways.

            1.   Locations and dimensions of all proposed land disturbing activities and any phasing of those activities;

            2.   Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this section; and

            3.   Provisions for maintenance of the construction site erosion control measures during construction.

            1.   Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features;

            2.   A drainage plan of the developed site delineating in which direction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect;

            3.   The proposed size, alignment and intended use of any structures to be erected on the site;

            4.   A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used; and

            5.   Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project.

         (a)   Storm water management plans meeting the requirements of division (E) above shall be submitted to the Zoning Administrator for review in accordance with the standards of division (G) below. In cases where the plan is reviewed independently of other applications, the Zoning Administrator shall review the plan in accordance with the process outlined in § 153.026.

         (b)   In the event that the applicant receives a decision from the Zoning Administrator denying the application for approval of the storm water management plan, the applicant, if the applicant so desires, may appeal the decision to the Board of Zoning Adjustments as more specifically set forth in § 153.021. If the Board of Zoning Adjustments affirms the Zoning Administrator's decision to deny the application for the applicant's storm water management plan, the applicant may further appeal the decision of the Board of Zoning Adjustments to the District Court, subject to the provisions of M.S. § 462.361, as it may be amended from time to time.

         (a)   Prior to approval of any storm water management plan, the applicant shall submit an agreement to construct the required physical improvements, to dedicate property or easements, or to comply with the conditions as may have been agreed to. The agreement shall be accompanied by a bond to cover the amount of the established cost of complying with the agreement. The agreement and bond shall guarantee completion and compliance with conditions within a specific time, which time may be extended in accordance with division (F)(2) of this section.

         (b)   The adequacy, condition and acceptability of any agreement and bond shall be determined by the City Attorney.

      (4)   Storm water management criteria for permanent facilities.

         (a)   An applicant shall install or construct, on or for the proposed land disturbing or development activity, all storm water management facilities necessary to manage increased runoff so that the two-year, ten-year and 100-year storm peak discharge rates existing before the proposed development shall not be increased and accelerated channel erosion will not occur as a result of the proposed land disturbing or development activity.

         (b)   The applicant shall give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond.

(Ord. 583, passed 8-26-2019)

      (16)   Public and private properties adjacent to the development site shall be protected from the effects of sedimentation. Any violation of this provision must be corrected by the owner to the satisfaction of the city within five days of receiving written notification from the city. If the violation is not remedied within the time period specified, the city may correct the problem and assess the costs incurred to the property owner.

      (1)   Exposed slopes steeper in grade than five feet horizontal to one-foot vertical shall be contour plowed to direct runoff of water.

      (2)   At the foot of each exposed slope, a channel and berm shall be constructed to control runoff. The channeled water shall be diverted to a sedimentation basin (debris basin, silt basin or silt trap) before being allowed to enter the natural drainage system.

      (3)   Along the top of each exposed slope, a berm shall be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collected behind the berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. The measures shall consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flow apron, a gravel energy dispatcher shall be installed to prevent erosion at the discharge end.

      (4)   Exposed slopes shall be protected by whatever means will effectively prevent erosion, considering the degree of slope, soil material and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jute netting and blankets, fast-growing grasses or temporary seeding of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch shall be anchored to slopes with liquid asphalt, stakes and netting, or shall be worked into the soil to provide additional slope stability.

      (5)   Control measures other than those specifically stated above may be used in place of the above measures if it can be demonstrated that they will be as effective in protecting exposed slopes.

(Ord. 583, passed 8-26-2019)

      (1)   It is unlawful for any person to construct or cause to be constructed any fence over three feet in height without a permit

      (2)   All fences shall be located entirely upon the property of the person causing the fence to be constructed.

      (3)   Fences in excess of three feet in the front yard are not permitted (corner lots are considered to have two front yards). Fences may be greater than three feet behind the front building line of the principal structure.

      (4)   No residential fence shall be greater than seven feet in height.

      (5)   Commercial and industrial fences may exceed seven feet in height but may not be greater than 12 feet in height. Fences between eight and 12 feet in height shall require a conditional use permit (CUP). The CUP request shall be considered in relation to traffic visibility, potential interference with street or pedestrian/bicycle traffic, common conditions in the immediate neighborhood, maintenance, materials, and any other factors considered relevant by the City Council to the construction of said fence.

      (6)   That side of the fence considered to be the evident finished side or face (such as, the finished side having no structural supports) shall face outward toward abutting property or public spaces or uses. Vegetation or landscaping located between the abutting property lines and finished side of fence shall be entirely maintained by the owner of the fence.

      (7)   Fences shall not obstruct any natural or constructed drainage patterns or wetlands or in any way adversely impact any neighboring properties.

      (8)   Fences shall not be constructed from barbed wire, chicken wire, welded wire, plastic deer fence netting or similar product, snow fence, branches, or materials originally intended for other purposes.

      (9)   All fencing shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger or constitute a nuisance. Any fence which is, or has become dangerous to the public safety, health, or welfare, is a public nuisance, and the Zoning Administrator shall commence proper proceedings to abate the nuisance condition. Existing fences are allowed to be rebuilt in their current location.

      (10)   Retaining wall structures may be subject to review by the City Engineer. Retaining walls shall be subject to the same height requirements as fences.

      (11)   Fencing located within any public right-of-way, drainage or utility easements may be removed by the city without notice or liability for damages caused by the removal.

      (12)   Fence height shall be measured from the natural grade to the top of the fence at any point, with the exception that a fence may include an additional six inches of height for post-top finials or similar decorative features on posts only.

      (13)   Except as specified in this section, all wire fences, including barbed wire fences, electrical fences, and chicken and hog wire fences, shall only be permitted in the UR District when related to a farm use.

      (1)   All fences shall be constructed of stone, brick, finished wood, chain link, PVC, composite material, wrought iron or similar material, or other approved materials as determined by the Zoning Administrator.

      (2)   In commercial districts, fences in the rear yard greater than seven feet in height may be permitted with a conditional use permit.

      (3)   Except for agricultural uses in the UR District, fences shall not be supported using metal T- or U-posts or similar agricultural product or constructed of traditional agricultural materials.

      (1)   All fences shall be constructed of stone, brick, finished wood, chain link, PVC or composite materials.

      (2)   Barbed wire security fencing may be used in heights above seven feet.

(Ord. 583, passed 8-26-2019; Ord. 590, passed 4-12-2021)

      (1)   Promote the reestablishment of vegetation in urban areas for aesthetic, health and urban wildlife reasons;

      (2)   Establish and enhance a pleasant visual character which recognizes aesthetics and safety issues;

      (3)   Promote compatibility between land uses by reducing the visual, noise and lighting impacts of specific development on users of the site and abutting uses;

      (4)   Unify development, and enhance and define public and private spaces;

      (5)   Promote the retention and use of existing vegetation;

      (6)   Aid in energy conservation by providing shade from the sun and shelter from the wind; and

      (7)   Reduce flooding and erosion by stabilizing soils with trees and vegetation.

      (1)   New development or new building construction for any commercial, industrial, single-family residential, multiple-family residential, public/institutional or planned unit development.

      (2)   Modification or expansion of a building or improvements to a site, and/or when there is a change in land use. Landscaping requirements shall be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the Zoning Administrator. In all cases, appropriate screening and buffering shall be provided for the entire site.

      (3)   No building permit for any construction shall be issued until a landscape plan is approved and a security is obtained by the city. Guidelines for the security are found in division (B)(6) of this section.

      (4)   The landscaping plan is required to be placed into effect with the site development as may be stated by this chapter.

      (1)   Boundary lines of the property with accurate dimensions;

      (2)   Locations of existing and proposed buildings, parking lots, roads and other improvements;

      (3)   Proposed grading plan with two-foot contour intervals;

      (4)   Location, size and common name of all existing 'significant' trees at least eight inches in diameter or greater as measured 54 inches above the ground. (For changes to developed sites, the location, size and common name of all trees and shrubs on the site must be identified);

      (5)   A planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition and special planting instructions;

      (6)   Planting details illustrating proposed locations of all new plant materials;

      (7)   Locations and details of other landscape features including berms, fences and planter boxes;

      (8)   Details of restoration of disturbed areas including areas to be sodded or seeded;

      (9)   Location and details of irrigation systems; and

      (10)   Details and cross-sections of all required screening.

         (a)   All open areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of over-story trees, under-story trees, coniferous trees, shrubs, flowers and ground cover materials.

         (b)   Single-family residential lots must maintain vegetation in the city's right-of-way and along the five-foot perimeter of the property, except in areas where the required driveway access is located. An exception to this restriction would be landscaping materials (two to three feet in width) adjacent to a residential driveway.

         (a)   Each one- and two-family residential dwelling unit shall contain two or more trees with four inches of combined diameter in the front yard. Each tree must be at least one inch in diameter and at least one of the trees must be an over-story (shade) tree. An evergreen tree at least four feet in height is equivalent to two inches of tree diameter for purposes of this requirement.

         (b)   Trees must be planted within the front yard within 120 days after the city has issued a certificate of occupancy or within 15 months of the issuance of the building permit, whichever comes first. The counting of the 120 days shall be tolled during the time between October 1 and May 1 but said count shall be resumed after May 1.

         (c)   Except in the B-1 District, all other development shall contain, at a minimum, the greater of: one tree per 1,000 square feet of gross building floor area; or one tree per 800 square feet of landscaped area; or one tree per 40 lineal feet of site perimeter; or one tree per multi-residential dwelling unit.

         (a)   Single-family residential lots are not required to sod, but turf must be established within 120 days after the city has issued a certificate of occupancy or within 15 months of the issuance of the building permit, whichever comes first. The counting of the 120 days shall be tolled during the time between October 1 and May 1 but said count shall be resumed after May 1. All silt fence or hay bale erosion controls must be maintained until turf is established. A financial security in an amount determined by the city will be required if turf is not established within the front yard (including to the rear of the structure abutting the street on a corner lot) prior to occupancy.

         (b)   All other zoning districts may seed their lots when the city determines sod is not practical or desirable such as, but not limited to, campus areas of schools, recreational playfields, open space, sites that are rough graded and areas that cannot be developed (such as those in a power line easement).

         (c)   Seeding of future expansion areas as shown on approved plans.

         (d)   Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials.

         (e)   Areas designated as open space or future expansion areas properly planted and maintained with prairie grass.

         (a)   A reasonable attempt shall be made to preserve as many existing trees as practical and to incorporate them into the site plan. Significant trees are any over-story or coniferous tree over eight inches in diameter, as measured 54 inches from the ground. Sites containing significant existing trees which will be retained may be given credit against the required number of trees.

         (b)   As a condition of subdivision approval or the issuance of grading or building permit, the city may require the applicant to replace any significant trees which are damaged or destroyed as a result of development or construction activities. Significant trees that are damaged or destroyed shall be replaced by at least two trees meeting the minimum planting requirements.

         (a)   All multi-family residential, commercial, industrial, public/institutional and association-maintained residential landscaping materials shall conform to the following minimum size requirements:

            1.   Over-story trees: Two-inch diameter, as measured six inches above the ground.

            2.   Under-story trees: 1½ inch diameter, as measured six inches above the ground.

            3.   Coniferous trees: Four feet.

            4.   Tall shrubs or hedge: Three feet.

            5.   Low shrubs: Five gallon.

         (b)   All single-family residential plats shall provide landscaping according to subdivision ordinance requirements of the city code.

         (a)   All trees and plantings used in site developments shall be indigenous to the appropriate hardiness zone and physical characteristics of the site.

         (b)   All deciduous trees proposed to satisfy the minimum requirements of this policy shall be long-lived hardwood species.

         (c)   The complement of trees fulfilling the requirements of this section shall be not less than 25% deciduous and not less than 25% coniferous. Single-family residential development is exempt from this requirement.

         (d)   No required tree shall be any of the following:

            1.   A species of the genus Ulmus (elm), except those elms bred to be immune to Dutch Elm disease;

            2.   Box Elder;

            3.   A species of the genus Populus (poplar) except when counted as an under-story tree;

            4.   Female ginko; or

            5.   Ash (Fraxinus spp).

         (b)   Additional perimeter plantings may be used to satisfy this requirement in parking facilities less than 42 feet in width.

      (1)   Size of buffer: a minimum ten feet wide along entire property line abutting the residential property;

      (2)   Height of buffer: the buffer shall fully screen the bottom six feet;

      (3)   Berms may be used but shall not be used to achieve more than three feet of the required screen; and

      (4)   The landscaping, berming and fencing materials shall be subject to the approval of the Zoning Administrator. The landowner must demonstrate how the proposed plan will provide the desired screening effect.

         (a)   All rooftop and ground mounted mechanical equipment shall be buffered so as to mitigate noise.

         (b)   All rooftop and ground mounted mechanical equipment shall be designed (including exterior color) and located so to be aesthetically harmonious and compatible with the building. Screening of the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility as observed by a six-foot tall individual standing at ground level on the adjacent property or public right-of-way. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening.

         (c)   Rooftop mechanical equipment less than three feet in height, solar panels, and wind energy conversion systems (WECS) shall be exempt from these requirements.

         (a)   Exterior wall treatment shall be similar and/or complement the principal building.

         (b)   For residential uses, the minimum setback for an enclosed trash receptacle area shall be the same as the setback prescribed for accessory structures. For non-residential uses, the minimum setback for an enclosed trash receptacle area shall be the same as the setback prescribed for the principal building.

         (c)   The trash enclosure shall be in an accessible location for servicing vehicles and shall not conflict with site circulation.

         (d)   The trash receptacles shall be fully screened from view of adjacent properties and the public right-of-way.

         (e)   The design and construction of the trash enclosure shall be subject to the approval of the Building Official.

         (f)   Recycling space shall be provided as required by the Minnesota State Building Code.

         (g)   Noise emanating from trash collection activities shall be minimized so as not to constitute a nuisance.

         (h)   The trash enclosure shall not be located within a front yard.

      (1)   When screening, landscaping or other similar improvements to property are required by this chapter, a security shall be supplied by the owner in an amount equal to 125% of the City Engineer's estimate of the value of such screening and landscaping. The security shall be provided prior to the issuance of a certificate of occupancy and shall be valid for a period of time equal to two full growing seasons after the actual date of installation of the landscaping. In the event construction of the project is not completed within the time prescribed by building permits and other approvals, or if the plant materials have died within two full growing seasons, the city may, at its option, complete the work required or replace the landscaping at the expense of the owner and the security.

      (2)   The city may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions may be granted by the Zoning Administrator for a period not to exceed nine months, due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate.

(Ord. 583, passed 8-26-2019)

 

 

   In all districts, any lighting used to illuminate an off-street parking area, sign or other structure shall be placed in a manner as to deflect light away from any adjoining residential zone or away from public streets. Direct or reflected glare, whether from artificial lighting or from combustion or welding shall be hooded or controlled so as not to adversely affect adjacent property. Exposed light bulbs shall not be permitted in view of adjacent property or public rights-of-way. Any light or combination of lights which shine on a street shall not exceed one foot-candle (meter reading) as measured from the centerline of the street. Any light or combination of lights which have the potential to cast light on residential property shall be hooded or screened and shall not exceed 0.4 foot-candles (meter reading) as measured at the property line. The foot candle level of a light source shall be taken after dark with the light meter held six 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 two readings will be identified as the light intensity.

(Ord. 583, passed 8-26-2019)

   The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations APC 7017, as may be amended.

(Ord. 583, passed 8-26-2019)

   The emission of dust fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations APC 7011, as may be amended.

(Ord. 583, passed 8-26-2019)

   The emission of air pollution, including potentially hazardous emissions, by any use shall be in compliance with and regulated by M.S. § 116, as may be amended.

(Ord. 583, passed 8-26-2019)

   Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NCP 7010, as may be amended. In no case shall noise emanations constitute a nuisance as defined and regulated by this code.

(Ord. 583, passed 8-26-2019)

   (A)   For any use other than single or two-family residential, all waste materials, debris, refuse or garbage shall be kept in an enclosed building or screened fenced in area or closed container that is screened and designed for that purpose. The owner of any parcel in the city shall be responsible for maintaining the land and keeping it free of refuse.

   (B)   All material stored outside and not included as a permitted use, accessory use, conditional use or otherwise permitted by provisions of this chapter shall be considered refuse.

   (C)   Containers for the keeping of refuse awaiting removal shall be stored within a building, or only in side or rear yards within an enclosure which screens the containers from view of the street and neighboring property. Such enclosures shall be required for all uses except single family and two-family residential buildings, which are exempt from the requirement for such enclosure. Enclosures shall be constructed of materials that match the materials used in the principal building.

(Ord. 583, passed 8-26-2019)

   (A)   Outside storage, including but not limited to equipment storage and the parking of vehicles, shall be prohibited as a principal use of property.

   (B)   Except when permitted by zoning district, all materials and equipment, except as may be specifically provided for in this chapter, shall be stored within a building so as not to be visible from adjoining properties.

   (C)   In residential districts, all materials and equipment shall be stored within a structure or be fully screened so as not to be visible from adjoining properties, except for the following:

      (1)   Clothesline poles and wires (except in front yards and the setback portion of the side yard abutting a public street);

      (2)   Trailers less than 25 feet in length;

      (3)   Recreational vehicles 16 feet or less in length;

      (4)   One fish house stored in a yard other than a yard adjacent to a public street;

      (5)   Construction and landscaping materials or equipment if there is an active building permit issued for improvements on the property, or as otherwise approved by the Zoning Administrator;

      (6)   Rear or side yard storage of firewood for the purpose of consumption only by the occupant of the property on which it is stored, when meeting the requirements of § 153.059;

      (7)   Off-street parking of currently registered and operable passenger vehicles and trucks not exceeding a gross capacity of 12,000 pounds in residential areas.;

      (8)   Landscaping elements and lawn furniture or furniture used and constructed primarily for outdoor use;

      (9)   Motor vehicles which are inoperable or not currently licensed shall be considered a nuisance, and shall be removed from the property; except that operable unlicensed motor vehicles held for sale by a licensed motor vehicle dealer may be stored on the licensed property in accordance with all applicable zoning regulations; and

      (10)   Recreational equipment.

   (D)   Accessory exterior storage may be permitted as a conditional use in certain zoning districts provided all exterior storage shall be located in the rear or side yard, shall be screened with materials of 90% or more opacity, and shall screen views from adjoining properties and public streets except for the following:

      (1)   Merchandise being displayed for sale in accordance with zoning district requirements; and

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

   (E)   When permitted as a conditional use, exterior storage areas shall be surfaced with concrete, bituminous, gravel, crushed rock or similar surfaces.

   (F)   Outdoor storage and parking of shipping containers and semi-tractor trailers shall be allowed only in districts where such use is listed as an accessory use. Any other outdoor storage of shipping containers and semi-tractor trailers is prohibited.

(Ord. 583, passed 8-26-2019)

   (A)   Accessory exterior wood storage for wood stoves, fireplaces or wood furnaces shall be permitted only inside yards and rear yards not abutting a public street. The minimum setback from the property lines shall be five feet. The maximum height of a wood pile shall be six feet. The wood shall be properly stacked to minimize unsightliness and rodent infestation and shall not block doors or windows.

   (B)   Accumulations of such materials constituting "Refuse" shall be disposed of immediately. The city may declare such accumulations a "Nuisance" and enforce the regulations in accordance with remedies as specified in that section. Violations of this section shall constitute "refuse" and shall be disposed of.

(Ord. 583, passed 8-26-2019)

   (A)   Exterior communication devices may be located in a residential district when it complies with the following conditions:

      (1)   In all residential districts, only one type of the following are permitted per lot:

         (a)   Satellite dish;

         (b)   Amateur radio tower; or

         (c)   Ground-mounted satellite vertical antenna;

      (2)   It is ground mounted or mounted to a principal or accessory structure;

      (3)   It is not located closer than ten feet from a side or rear property line, shall not be located within the front yard setback, and may not be located within a drainage and utility easement;

      (4)   It complies with the setback requirements for accessory structures;

      (5)   It does not exceed 12 feet in height above grade, unless mounted to the principal structure;

      (6)   It shall be adequately screened, with landscaping or fencing, from any adjacent residential district, right-of-way, or private street easement at a horizontal grade level satisfactory to the Zoning Administrator. Any communication device with a diameter measuring less than three feet is not required to be screened if it is attached to the principal structure;

      (7)   No more than two satellite dish antennas, no greater than three feet in diameter, shall be permitted per lot and no more than one amateur radio tower or ground-mounted satellite vertical antenna shall be permitted per lot;

      (8)   Satellite dish antennas shall be used for private, noncommercial purposes; and

      (9)   A building permit shall be required for any ground mount antenna larger than three feet in diameter.

(Ord. 583, passed 8-26-2019)

   (A)   All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with county, state, and federal agency requirements, and have documents from those respective agencies stating the use is in compliance.

   (B)   Above ground tanks associated with bulk storage shall be considered accessory exterior storage and shall require requisite screening to residential uses.

   (C)   No bulk liquid tanks of a size greater than 1,100 gallons shall be allowed in residential districts. If natural gas is available in any district, the property owner will connect to natural gas, in which case, bulk fuel tanks shall not be permitted in residential districts.

   (D)   All uses associated with the bulk storage of over 2,000 gallons of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall require a conditional use permit, provided such tanks are compliant with all relevant fire, building, and zoning ordinances.

(Ord. 583, passed 8-26-2019)

      (1)   Natural drainage systems shall be used if feasible for storage and flow of runoff. Storm water drainage may be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of storm water to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for storm water shall provide for natural or artificial water level control. Temporary storage areas or retention basins scattered throughout developed areas shall be encouraged in order to reduce peak flow, erosion damage and construction cost.

      (2)   The widths of a constructed waterway shall be sufficiently large to channel runoff from a ten-year storm. Adequacy shall be determined by the expected runoff when full development of the drainage area is reached.

      (3)   No fences or structures shall be constructed across the waterway that will reduce or restrict the flow of water.

      (4)   The banks of the waterway shall be protected with permanent vegetation.

      (5)   The banks of the waterway shall not exceed five feet horizontal to one-foot vertical.

      (6)   The gradient of the waterway bed shall not exceed a grade that will result in a velocity that will cause erosion of the banks of the waterway.

      (7)   The bed of the waterway shall be protected with turf, sod or concrete. If turf or sod will not function properly, rip-rap may be used. Rip-rap shall consist of quarried limestone, field stone (if random rip-rap is used) or construction materials and concrete. The rip-rap shall be no smaller than two inches square nor larger than two feet square. Construction materials shall be used only in those areas where the waterway is not used as part of a recreational trail system.

      (8)   If the flow velocity in the waterway is such that erosion of the turf sidewall will occur and the velocity cannot be decreased via velocity control structures, then other materials may replace turf on the sidewalls. Either gravel or rip-rap would be allowed to prevent erosion at these points.

      (9)   Development of housing and other structures shall be restricted from the area on either side of the waterway.

      (1)   To prevent sedimentation of waterways, pervious and impervious sediment traps, and other sediment control structures, shall be incorporated throughout the watershed.

      (2)   Temporary pervious sediment traps may consist of bales of hay with a low spillway embankment section of sand and gravel that permits a slow movement of water while filtering sediment. The structures would serve as temporary sediment control features during the construction phase of development.

      (3)   Permanent impervious sediment control structures shall consist of sediment basins (debris, desilting basins or silt traps) and shall be utilized to remove sediment from runoff prior to its disposal in any permanent body of water.

         (a)   Storm water discharge into wetlands shall be consistent with the requirements of this chapter.

         (b)   A building setback of 20 feet shall exist from the delineated edge of all wetlands at the time of development within areas developed or redeveloped after the effective date of this chapter, unless otherwise stated within the zoning district. If a wetland buffer strip is required around the wetland, no structures shall be placed within this strip.

         (c)   Wetlands shall not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value in accordance with the Minnesota Wetland Conservation Act.

(Ord. 583, passed 8-26-2019)

   All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency.

(Ord. 583, passed 8-26-2019)

   All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

(Ord. 583, passed 8-26-2019)

   Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the vacated area shall not be affected by the proceeding.

(Ord. 583, passed 8-26-2019)

   (A)   New access drives may be placed no closer than five feet to any side yard property line and no closer than ten feet from any rear lot line.

   (B)   Access drives shall consist of bituminous, concrete or other paving materials. Crushed rock or gravel shall be prohibited in the design of new access drives or the improvement of existing drives.

   (C)   Existing access and access drives may be improved without a permit so long as the improved surface is not increased along the adjoining side yard property line and the improved surfacing shall be no closer than one foot from the adjoining side yard property line.

   (D)   Access onto any public road or street shall be no less than ten feet in width and no greater than 30 feet in width.

   (E)   Following the adoption of this section, property owners with existing access onto public roads or streets shall not be granted additional access, unless the access is from a public alley.

   (F)   Proposed access drives to principal structures which traverse wooded, steep or open fields shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. In these cases, further review may be required by the City Engineer.

   (G)   The number and type of access drives onto major streets may be controlled and limited by the city in the interests of public safety and efficient traffic flow.

   (H)   Access onto any county or state aid roadways shall require initial review by the Engineer of the respective agencies. In this case, the appropriate location, size and design of the proposed access shall be taken into consideration.

   (I)   New principal use structures shall not be granted a certificate of occupancy until all the requirements of this section are met.

(Ord. 583, passed 8-26-2019)

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

      (2)   Spaces accessory to multiple-family dwellings on the same lot as the principal use or within 200 feet of the main entrance to the principal building served.

      (1)   Access drives shall be no closer than five feet from any side lot line or ten feet from any rear lot line.

      (2)   When accessory off-street parking facilities are permitted to be located outside of the lot in which the principal use served is located, they shall be owned or controlled, either by deed or long-term lease by the owner of the principal use and the owner of the principal use shall file a recordable document with the City Council requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of the principal use.

      (3)   Required off-street parking spaces in any district shall not be utilized for open storage of goods or for the storage of vehicles for sale or rent.

      (4)   Parking of vehicles shall not be allowed on lot areas that are not designed for off-street parking.

      (5)   In residential areas, off-street parking areas shall not be located on that portion of the lot directly in front of the primary structure, except a driveway leading directly into a garage.

 

 

      (1)   Parking areas shall be designed so as to provide adequate access to a public alley or street. The driveway access shall not exceed 30 feet in width and shall be located so as to cause the least interference with traffic movement.

      (2)   No parking area shall be designed with head-in parking from the public street.

      (3)   When a required off-street parking space for four cars or more is located adjacent to a residential district, landscape screening shall be planted or a fence not less than four feet nor greater than six feet having at no more than 30% light transfer shall be erected along the residential district property line.

      (4)   It shall be the sole responsibility of the operator and owner of the principal use, uses and/or building to remove accumulations of ice and snow and to maintain in a neat and adequate manner the parking space and access ways.

      (5)   Off-street parking areas shall be improved with a concrete, bituminous, paving stone or equally durable and dustless surface. The areas shall be so graded and drained as to dispose of all surface water accumulation within the area. These requirements shall also apply to open sales lots for cars, trucks and other equipment.

      (6)   Except for parking areas accessory to single- and two-family residential units, all parking areas shall meet the following requirements:

         (a)   Parking and access driveways shall be surrounded by a continuous concrete curb barrier;

         (b)   Parking and access driveways shall be located no closer than five feet to any property line;

         (c)   Access curb cuts shall be located no closer than five feet to any property line, and shall not exceed 30 feet in width at the property line, unless approved by the Zoning Administrator upon the advice of the City Engineer that the additional width is necessary for extraordinary turning radius requirements of vehicles using the property; and

         (d)   Access and circulation driveways intended for two-way traffic shall be no less than 24 feet in width. One-way driveways shall be no less than 16 feet in width, or 20 feet in width where necessary to comply with fire code requirements.

      (1)   Parking in residential areas (off-street and on-street) shall be limited to the use of the residents of those homes, except for short-term parking (eight hours or less) and guest parking.

      (2)   The number of passenger vehicles parked outdoors on single- or two-family residential private property shall not exceed four vehicles.

      (3)   All parking shall be on a hard surface of bituminous, concrete, or similar.

      (1)   The Zoning Administrator may require additional off-street parking spaces for any proposed use.

      (2)   Parking spaces required per use:

 

      (3)   For the purposes of assessing the appropriate number of parking spaces to be provided, the Zoning Administrator and applicant shall consider the following:

         (a)   The average traffic demand generated by other similar uses;

         (b)   The availability of public parking in the area;

         (c)   The anticipated ability of the site and/or building to accept intensive land use in the future;

         (d)   The availability of on-site expansion areas which could accommodate additional future parking spaces without adversely affecting the compatibility of the use in the neighborhood;

         (e)   The minimum parking standards as established by this chapter; and

         (f)   The applicant may apply for a conditional use permit to reduce the minimum number of off-street parking spaces provided for in this section or as may be required by the Zoning Administrator.

      (4)   Within the B-1 District, the Zoning Administrator may exempt non-residential uses from providing parking spaces otherwise required by this section when there is deemed to be adequate public parking to serve the use and meet the intent and goals of the city's downtown plan.

(Ord. 583, passed 8-26-2019)

(Ord. 583, passed 8-26-2019)

      (1)   The recreation vehicle must be owned or leased by the property owner or tenant;

      (2)   The recreation vehicle must be currently registered and licensed;

      (3)   The recreation vehicle shall be parked or stored on a hard-surfaced area;

      (4)   The recreation vehicle shall be parked or stored entirely on the owner’s or tenant's property;

      (5)   The recreation vehicle shall be parked or stored so not to extend beyond property lines;

      (6)   The recreation vehicle shall be parked so as not to obstruct visibility;

      (7)   The recreation vehicle and hard surfaced parking shall not be within five feet of the side or rear property line. In case of a corner lot, there shall be one side and one rear yard;

      (8)   The recreation vehicle shall be stored in the rear yard except if not accessible, the recreation vehicle shall be allowed to be parked or stored in the front driveway or adjacent to the front driveway in the side yard;

      (9)   No recreation vehicle shall be permitted to be parked in any un-paved area of the lot in front of the primary structure;

      (10)   The recreation vehicle shall not be permitted to block any egress exits;

      (11)   Recreation vehicles shall not be permanently connected to any utility service;

      (12)   Recreation vehicles may not be used as a dwelling, except for occasional use by the owner, tenants, friends, relatives or guests not to exceed 14 days; and

      (13)   No vehicle shall be parked within five feet of the side or rear property line.

(Ord. 583, passed 8-26-2019)

   The standards set forth in the Minnesota Pollution Control Agency's Standards for Sewage Treatment are hereby adopted by reference. Any such system shall comply with all applicable regulations, including Minn. Rules 7080. If there are any inconsistencies between the standards found in this chapter and the state standards or if the state standards are amended, the state standards as amended shall govern. No use shall be permitted to install or utilize on-site sanitary sewage treatment when public sanitary sewer collection systems are available within 300 feet of the subject property.

(Ord. 583, passed 8-26-2019)

      (1)   The applicant shall fill out the building permit and zoning permit applications.

      (2)   An inspection and review of the proposed building shall be conducted and approved by the Building Inspector or his or her representatives.

      (3)   The building after being moved shall be made to comply with all aspects of the State Building, Plumbing, Mechanical and Electrical Codes and other pertinent state and local rules, regulations and ordinances.

      (4)   The Zoning Administrator shall review the zoning permit application to determine compliance with all the minimum requirements of the zoning district in which it is to be located.

   (E)   The city may deny a permit to move a structure if it determines that damage to public property may occur as a result of the moving.

(Ord. 583, passed 8-26-2019)

   Approved address numbers shall be placed on all new and existing buildings in a manner as to be plainly visible and legible from the road or street fronting the property. The numbers shall contrast with their background and be a minimum of four inches in height. The numbers shall also conform with requirements of the United States postal service and requirements of the State Fire Code.

(Ord. 583, passed 8-26-2019)

         (a)   Create a community identity using common styles and themes;

         (b)   Preserve the City of Le Sueur's historical architecture; and

         (c)   Allow for individuality.

         (a)   Historic structures shall be preserved and maintained whenever possible.

         (b)   New development shall be designed to be compatible with the historic nature of the B-1 District.

         (c)   The first level of a commercial structure shall have a minimum of 40% windows on the facade along the front facing the street.

         (d)   Upper levels of buildings shall not exceed 50% glass.

         (e)   Windowsill height on the base level shall be no less than 12 inches and no more than 36 inches above the interior finished floor elevation.

         (f)   Architectural elements such as cornices and parapets shall be used to enhance the roof line and give the appearance of a flat roof. The roof surface and any mechanical equipment shall not be visible from the right-of-way.

         (g)   Colors shall be harmonious with other structures and shall only use compatible accents.

         (h)   Awnings and other similar projections and projecting signs are permitted to project into the public right-of-way up to four feet with a minimum of seven feet clearance.

         (i)   Building materials shall be consistent with the following materials or similar:

            1.   Brick;

            2.   Stone;

            3.   Stucco or synthetic stucco;

            4.   Pre-cast concrete units and concrete block, provided the surfaces are molded, serrated, or treated with a texture material in order to give the wall surface a three-dimensional character; and

            5.   Wood and tile are permitted only as accent materials.

(Ord. 583, passed 8-26-2019; Ord. 594, passed 6-13-2022)

   (A)   All single-family detached homes, except as part of approved manufactured home parks, shall conform to the following requirements:

(Ord. 583, passed 8-26-2019)

   (A)   All multi-family structures shall be subject to the following standards in this chapter. All requests for zoning permits, building permits or conditional use permits shall be accompanied by the following information as may be reasonably required by the Zoning Administrator and Building Inspector:

      (1)   Proposed and existing building locations, adjoining property locations, dimensions and elevations, all signs, structures, entry areas, storage sites, streets, sidewalks, alleys, parking lots and other structural improvements to the site;

      (2)   Circulation plans for both pedestrian and vehicular traffic;

      (3)   Fences and screening devices;

      (4)   Solid waste disposal provisions and facilities;

      (5)   Utilities such as gas, telephone, sewer and water;

      (6)   Storm drainage plans;

      (7)   Firefighting and other public safety facilities and provisions such as hydrant locations and fire lanes;

      (8)   Data pertaining to numbers of dwelling units, size, lot area and ratios;

      (9)   Exterior wall materials and design information;

      (10)   A one-foot contour topographical map of the existing site;

      (11)   A grading plan illustrating the proposed grade changes from the original topographical map. All site areas, when fully developed, shall be completely graded so as to adequately drain and dispose of all surface water, storm and groundwater in a manner as to preclude large scale erosion, unwanted ponding and surface chemical runoff;

      (12)   A recreation plan illustrating in detail all recreational facilities and structures; and

      (13)   A soil erosion control plan for the construction period. Areas within the construction zone shall be fenced with construction fencing to prohibit heavy machinery and/or materials from being placed on areas not to be disturbed during construction. This shall, at a minimum, include all slopes in excess of 18%.

   (B)   Sidewalks shall be provided from parking, loading, and recreation areas to the entrances of the building.

   (C)   Screening to a height of at least six feet shall be required where any off-street parking area is within 30 feet of an adjoining residential zone; or where the driveway to a parking area is within 15 feet of an adjoining residential zone.

      (1)   Parking spaces shall not be located within ten feet of the side or rear lot line.

      (2)   Two parking spaces per unit shall be provided on the same site as the dwelling unit. Each space shall not be less than nine feet wide and 20 feet in length, or as approved by the Zoning Administrator, and each space shall be served adequately with access drives.

      (3)   One of the two required parking spaces shall be provided within a structure.

      (4)   Bituminous or concrete driveways and parking areas with curbing shall be required.

      (1)   Efficiency units: 500 square feet;

      (2)   One bedroom units: 700 square feet;

      (3)   Two bedroom units: 800 square feet; and

      (4)   More than two-bedroom units: An additional 80 square feet for each additional bedroom.

      (1)   Efficiency units: 440 square feet; and

      (2)   One bedroom units: 520 square feet.

      (1)   A minimum of 33% of the combined area of all building exterior walls of a structure shall have an exterior finish of brick, stucco, and/or natural or artificial stone; and

      (2)   For the purposes of this section, the area of the building facade shall not include area devoted to windows, entrance doors, garage doors, or roof areas.

      (1)   Except as otherwise specified in the zoning district provisions, two-family dwellings and townhouses, as classified below, shall have the minimum floor area per one-bedroom unit:

         (a)   Two family unit: 650 square feet first floor above grade, plus 100 additional square feet for each additional bedroom; and

         (b)   Townhouses: 600 square feet first floor above grade, plus 100 additional square feet for each additional bedroom.

      (2)   The exterior finish of two-family houses and townhomes shall meet the general standards for single family residential dwellings.

(Ord. 583, passed 8-26-2019; Ord. 608, passed 7-8-2024)

   (A)   Any swimming pool containing 24 or more inches in depth of water and less than 5,000 gallons of water requires a pool permit.

   (B)   Any swimming pool containing 24 inches or more in depth of water and 5,000 or more gallons of water requires a building permit.

   (C)   Any property owner who has not previously been issued a pool permit or a building permit must apply for one to ensure compliance with this code.

      (1)   Once a permit has been issued, no further permitting is required if the pool is dismantled and stored as long as it is rebuilt in the approved location and is the same size.

      (2)   A new permit is required if the structure is altered in size and/or location.

   (D)   Swimming pools shall be a permitted accessory use in each district and those that are 24 or more inches in depth of water and less than 5,000 gallons of water are subject to the following standards and requirements:

      (1)   The pool shall be constructed at least ten feet from all property lines in all districts. In no case shall a pool be allowed in any portion of the required yard abutting a public right-of-way.

      (2)   (a)   If the yard is not already enclosed by a fence meeting the fence code outlined in § 153.049, a perimeter security fence meeting the following requirements shall be installed and maintained around the pool at all times:

            1.   Not less than four feet in height;

            2.   Not more than three inches off the ground;

            3.   A maximum three-inch spacing between the rails; and

            4.   Has a self-latching lockable gate.

         (b)   Yards containing hot tubs shall meet these fencing requirements or shall have a cover which shall be locked when the hot tub is not in use.

      (3)   A permanent fence shall be in place a minimum of 30 days after the pool is completed.

      (4)   No construction of fences or accessory buildings shall be placed on or over any public utilities, or on any easements.

      (5)   Failure to complete the swimming pool construction project within 12 months from approval of the zoning and building permits, the applicant shall be required to reapply.

(Ord. 583, passed 8-26-2019; Ord. 590, passed 4-12-2021)