The following performance standards are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible. These standards are also designed to eliminate blight. All future development in all districts shall be required to meet these standards. These standards shall also apply to existing developments where stated.

(Ord. passed 2-29-1996)

   All commercial and industrial uses associated with the bulk storage of oil, gasoline, liquid fertilizer or other hazardous materials shall require a conditional use permit and compliance with all state and local life safety agency regulations in order that the City Council 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 welfare. All disposal operations shall be in compliance with appropriate state, county and federal regulations.

(Ord. passed 2-29-1996)

   (A)   Nuisances prohibited. No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare, dust or other adverse influences shall be permitted that will in any way have an objectionable effect upon adjacent or nearby property.

   (B)   Noise.  

      (1)   It shall be unlawful to make, continue or cause to be made or continued, any noise exceeding the standards established on M.S. Ch. 7030, subd. 0040, as it may be amended from time to time.

      (2)   Sounds emanating from the operation of motor vehicles on public highways, aircraft, outdoor implements, such as power lawnmowers, snowblowers, power hedge clippers, and power saws, pile drivers or jackhammers and other construction equipment, are exempt from the sound level but not time restriction provisions of this section. Sounds emanating from lawful and proper activities at school grounds, playgrounds, parks or places where athletic contests take place, are exempt from the provisions of this section.

   (C)   Emission of smoke or particulate matter. Any use established, enlarged or remodeled after the effective date of this chapter shall be so operated as to meet the minimum requirements for ambient air quality standards, as established in M.S. Ch. 7009, as it may be amended from time to time, unless a permit has been secured from the city by the owner or operator of the facility or use.

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

   (E)   Toxic and noxious matter. No use shall discharge across the boundaries of the lot where it is located, toxic, odorous or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause appreciable injury or damage to property or business.

   (G)   Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the MPCA.

(Ord. passed 2-29-1996)

   Height regulations as set forth elsewhere in this chapter may be increased with no limitation when applied to the following, provided a conditional use permit is issued to increase height:

   (A)   Church domes, spires, belfries and roof ridges;

   (B)   School buildings;

   (C)   Chimneys or smokestacks; and

   (D)   Fire towers, water towers or other public facilities.

(Ord. passed 2-29-1996)

   (A)   Individual water systems (wells). The installation and location of an individual well for domestic water supply shall conform to the Minnesota Department of Health regulations, which are hereby adopted by reference.

   (B)   Private sewer systems (on-site sewage treatment systems).

      (1)   Prior to the installation or replacement of any on-site treatment system, a property owner must apply for a permit from the city.

      (2)   The location and installation of an on-site treatment system will conform to the Minnesota Pollution Control Agency's Standards For Sewage Treatment, Chapter 7060 or as amended, are hereby adopted by reference.

      (3)   The connection to the city's municipal sewer system shall comply with all ordinances relating to the use of public sewers.

(Ord. passed 2-29-1996)

   (A)   Land reclamation under this subsection is the reclaiming of land by depositing of clean fill materials so as to elevate the grade of the land.

   (B)   Clean fill material shall be defined as rock, gravel, sand, dirt, clay or other like and similar non-decomposable material.

   (C)   Land reclamation shall be permitted in all zoning districts, on any lot or parcel except that when 100 or more cubic yards of fill is to be deposited on any lot or parcel, or if the storm water runoff pattern is altered, a conditional use permit shall be required.

   (D)   In addition to whatever conditions or restrictions that may be attached to any conditional use permit, the following data and standards shall be included in each application:

      (1)   Site plan showing existing and proposed grade elevations and affect of storm water drainage on adjacent areas;

      (2)   A time shall be specified by the applicant as to when, in the applicant's best judgment, the land reclamation project will be completed;

      (3)   The granting of the conditional use permit may be based on the consideration that peat be removed from the proposed land reclamation area prior to any fill being deposited;

      (4)   That within 60 days after the deposit of the fill material, the area shall be covered with a minimum of 12 inches of clean, native earth fill, and the depth of fill shall be controlled to blend with the surrounding ground conditions;

      (5)   That all entrances to any land reclamation project be properly safeguarded with a barricade to prevent the general public from depositing garbage or other refuse in the land reclamation project;

      (6)   Any and all land reclamation projects in existence at the enactment of this chapter shall comply within 60 days after notice being served on the recorded fee owner of the property to be used in any land reclamation project.

(Ord. passed 2-29-1996)

   (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 waterbodies. Runoff shall be properly channeled into a storm drain, a natural water course or drainageway, a ponding area or other public facility.

   (C)   (1)   Upon completion of the final grading of a lot for occupancy, the Building Inspector shall require the home builder to perform a survey of the site documenting critical grading elevations including:

         (a)   Elevation of all lot corners;

         (b)   Elevations of proposed drainage ways in the lot identified on the as-built grading plan;

         (c)   Final garage floor elevations;

         (d)   Final driveway grades;

         (e)   Emergency overflow elevations as they pertain to lot grading;

         (f)   Date of final as-built survey;

      (2)   The as-built survey shall completed a minimum of ten days before the final building inspection to verify final grading prior to issuance of any certificate of occupancy for the building and lot in question.

      (3)   In the event the final inspection is requested during seasons of the year that do not permit grading operations, the builder shall submit a deposit of $1,000 for the city to hold in trust until such time the final grading and survey of the lot can be completed. In the event that additional work is necessary to grade the lot to the design elevations, the city may use a portion or all of that deposit to correct the final grading after the issuance of the certificate of occupancy.

   (D)   The owner or contractor of any natural drainage improvement or alteration may be required by the Building Inspector or Planning Commission to obtain recommendations from the Minnesota Department of Natural Resources, the Soil Conservation District, affected Watershed District and/or City Engineer.

   (E)   On any slope in excess of 12% where in the opinion of the Building Inspector, the natural drainage pattern may be disturbed or altered, the Building Inspector may require the applicant to submit both a grading plan and a soils conservation plan prior to applying for a building permit.

(Ord. passed 2-29-1996; Am. Ord. 2005-173, passed 6-9-2005)

   (A)   General landscaping. All developed, improved, or built upon lots or parcels shall be landscaped. Landscaping on a lot shall consist of a final grade, and a soil retention cover such as sod, seed, and mulch, or plantings to protect the soil and aesthetic values on the lot and adjacent property. Landscaping shall be provided and maintained in all developed districts except where permitted impervious surface exists.

      (1)   An as-built grading survey is a survey that shall be submitted by the home builder to the city after the grading is completed on a residential lot. All as-built grading surveys and grading work shall comply with the City's Survey & Grading Policy for New Residential Home Construction. As-built grading surveys are reviewed to ensure that: 1) the city's minimum grading requirements are met; and 2) the property conforms to the approved grading plan and adjacent properties. The as-built grading survey must be approved before any further work may be done on the property. Sod, irrigation systems, and landscape materials shall not be installed until the as-built grading survey is approved by the city.

      (2)   The city shall not be held liable for any drainage issues or complications relating to excavation, filling, grading work, and encroachments as it relates to the construction of a building under this section.

         (a)   A deciduous tree shall be a minimum of two and a half inches in diameter.

         (b)   A coniferous tree shall be a minimum of six feet in height.

            1.   One tree per 1,000 square feet of gross building floor area; or

            2.   One tree per 50 lineal feet of site perimeter.

      (1)   All residential and non-residential lots shall be sodded. Sod shall be installed on all yard spaces of the lot and the adjacent boulevard areas up to the street edge/back-of-curb. Exception: the City Administrator, or his/her designee, may allow some unique lots, or a portion of, to be seeded, only if the lot has untypical topography, woodlands, wetlands, area size, or other distinct feature.

      (2)   Silt fence shall be maintained in compliance with the City's Erosion Control Policy, as amended from time-to-time, throughout the construction period until sod or city approved ground cover/vegetation is fully established.

      (3)   (a)   The required sod must be in place before a final certificate of occupancy will be issued. If the sod is not in place and occupancy is requested by the builder, a temporary certificate of occupancy may be issued. The builder/homeowner is required to install sod within 60 days after the temporary certificate of occupancy is issued. A final certificate of occupancy will be issued only after the sod or the turf has been fully established.

         (b)   In periods of adverse weather conditions, between October 15 and April 30, a temporary certificate of occupancy may be issued, but the installation of sod must be completed on or before July 1.

      (1)   Along with the issuance of a building permit, the city shall collect a cash escrow specifically for required: 1) trees; 2) final grade work; 3) an as-built grading survey; 4) sod/turf establishment; and 5) erosion control. The escrow shall be listed on the fee schedule, established by the City Council. The escrow shall be refunded only when all the following landscaping items are completed and approved by the city.

         (a)   Required trees are installed.

         (b)   Final grade requirements are completed.

         (c)   An as-built grading survey has been completed and approved.

         (d)   Required sod or city approved ground cover is installed.

         (e)   Erosion control items are cleaned up and removed from the site and adjacent properties.

      (3)   If the forementioned landscaping items are not fully completed or approved, as determined by the City Administrator, or his/her designee, then the city may use the escrow funds to: 1) install the proper trees; 2) grade the site in accordance with the city approved grading plan and/or building permit survey; 3) conduct an as-built grading survey; 4) install sod or proper ground cover; and/or 5) cover the cost of related expenses, such as erosion control, engineering work, legal work, and city staff time. If the costs incurred by the city to bring the property into compliance with this section are greater than the amount in escrow, the city may deplete the escrow fund and any remaining amount may be assessed against the property as under M.S. § 429.021, as it may be amended from time to time.

(Ord. passed 2-29-1996; Am. Ord. 2006-189, passed 1-26-2006; Am. Ord. 2006-199, passed 6-26-2006; Am. Ord. 2021-305, passed 3-25-2021)

   (A)   Any lot of record existing upon the effective date of this chapter in a residential district, which does not meet the minimum requirements of this chapter as to area or dimensions, are subject to the provisions of § 153.008 of this chapter.

   (B)   If in a group of contiguous created and/or platted lots under single ownership, any individual lot that does not meet the minimum requirements of this chapter, the individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots and/or parcels under the same ownership so that the cumulation of lots will equal one or more parcels of land, meeting the minimum requirements of this chapter.

   (C)   Any lot, group of lots, or created parcels created by any means after the effective date of this chapter, for the purpose of erecting a structure, must be approved by the City Council. The plan for the subdivision shall be submitted in accordance with the city's subdivision regulations.

   (D)   No more than one principal building shall be located on a lot.

   (E)   On a corner lot, both street lines shall be front lines for applying the yard and parking requirements of this chapter.

   (F)   The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub or other growth which may cause danger to traffic on a street or public road by obscuring the view. On corner lots, in any district, no structure or planting in excess of 30 inches above the curb line shall be permitted within a triangle defined as follows: “Beginning at the intersection of the project curb line of the two intersecting streets, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning on the other curb line, thence to the point of beginning.”

(Ord. passed 2-29-1996)

   (A)   Screening shall be required where:

      (1)   Any off-street parking area contains more than four parking spaces and is adjoining a residential district; and

      (2)   Where the driveway to a parking area of more than six parking spaces is adjoining a residential district.

   (B)   Where any business or industrial use (structure, parking or storage) is adjacent to a property zoned residential, 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.

   (C)   The screening required in this subsection 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.

(Ord. passed 2-29-1996)

   (A)   Purpose. Through the preservation, protection, maintenance, and management of the community's existing forest resource, including, but not limited to, individual or significant trees having ecological, cultural, and/or historical significance, and the planting of trees to:

      (1)   Aid in the stabilization of soil by the prevention of erosion and sedimentation;

      (2)   Reduce stormwater runoff and the costs associated therewith and replenish groundwater supplies;

      (3)   Aid in the removal of carbon dioxide and generation of oxygen in the atmosphere;

      (4)   Provide a buffer and screen against noise pollution;

      (5)   Provide protection against severe weather;

      (6)   Aid in the control of drainage and restoration of denuded soil subsequent to construction or grading;

      (7)   Provide a haven for birds which in turn assist in the control of insects;

      (8)   Provide habitat for wildlife;

      (9)   Protect and increase property values;

      (10)   Conserve and enhance the city's physical and aesthetic environment; and

      (11)   Generally protect and enhance the quality of life and the general welfare of the city.

   (B)   Penalties. Any person who shall violate any of the provisions of this section or any forest management plan approved hereunder shall be guilty of an offense punishable as a misdemeanor each day or portion thereof that the violation continues. In addition, any and all permits and approvals extended by the city connection with the property on which the violation occurs may be suspended or revoked after notice and an opportunity to be heard, and the city may also deny a certificate of occupancy or pursue injunctive relief and/or damages. Pursuit of any one of these remedies does not waive the city's right to pursue any or all of these remedies.

   (C)   Waiver of requirements during emergencies. In case of emergencies involving, but not limited to, tornadoes, windstorms, floods, freezes or other natural disasters, the requirements of this section may be waived by the Mayor, or in the absence of the Mayor, the acting Mayor.

   (D)   Development of technical specifications and guidelines. The City Arborist appointed by the City Council, shall assist the Zoning Administrator in the development and maintenance of technical specifications and guidelines for its use in the administration of this division. This includes, but is not limited to, advice as to the kinds and species of trees unsuitable or undesirable for planting, such as noxious trees, and advising as to the areas and conditions under which suitable and desirable trees should be planted. Acceptable replacement trees are shown on the following table:

 

 

 

   (E)   Submittal requirements.

      (1)   All tree preservation plans must be certified by a forester or landscape architect or registered land surveyor retained by the applicant. The tree preservation plan, along with associated subdivision or grading permits plans, shall be submitted in accordance with the Lonsdale Subdivision Chapter and Zoning Chapter, as amended, whichever is applicable. All sites shall be staked, as depicted in the approved grading plan, and the required tree protection fencing shall be installed at the limits of the approved grading plan before grading is to commence. No encroachment, grading, trenching, filing, compaction, or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved.

      (2)   The tree preservation plan shall be reviewed by the city's Planning Department to assess the best possible layout to preserve significant trees and significant woodlands and to enhance the efforts to minimize damage to significant trees and woodland trees. The applicant shall meet with the Planning Department prior to submittal of the development application or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage, and other physical features, in order that the fewest significant woodlands are destroyed or damaged.

      (3)   The City Council may, after notice and an opportunity to be heard, revoke an approved forest management plan if it determines, through inspection or otherwise, that such plan is not being followed. Upon such revocation, the basic restrictions of this section shall apply to the affected property as if no forest management plan had ever been approved for that property, and those restrictions shall continue to apply unless a new forest management plan for the property is approved at sometime in the future.

      (4)   Any request for amendment of an approved forest management plan shall be processed and reviewed as if it were an initial application for such a plan, unless one or more application requirements in divisions (A) and (B) of this section are specifically waived by the City Council by a majority vote.

   (F)   Restrictions for properties not undergoing development. For purposes of tree removal on land within the city limits not in the process of being subdivided or developed, it shall be unlawful for any person to remove from privately-owned land any tree six inches in diameter at breast height (DBH) or larger in excess of the rate of 36 inches DBH per acre in any calendar year without immediately replacing any such tree pursuant to the appropriate ratio set forth in this section unless provided otherwise in a previously approved forest management plan approved by the city as set forth in division (G).

   (G)   Tree and woodland preservation plan. The tree preservation plan shall include the following information:

      (1)   The name(s), telephone number(s), and address(es) of applicants, property owners, developers and/or builders.

      (2)   Delineation of the buildings, structures, or impervious surfaces situated thereon or contemplated to be built thereon.

      (3)   Delineation of all areas to be graded and limits of proposed land disturbance within the subdivision. The limits of approved site grading shall be delineated in the field. Significant trees shall be protected by fencing located at the perimeter of its critical root zone.

      (4)   An inventory of size, species, and location of all existing significant trees located within 75 feet of the areas to be graded shall be delineated in the field. Significant trees shall be protected by fencing located at the perimeter of its critical root zone.

      (5)   Identification of all significant trees and significant woodlands proposed to be saved, along with measures to protect significant woodlands. These significant trees and significant woodlands shall be identified in both graphic and tabular form.

      (6)   Identification of all significant trees and significant woodlands which will be lost due to proposed land alterations. Significant trees shall be considered lost as a result of:

         (a)   Grade change or land alteration, whether temporary or permanent, of greater than one foot measured vertically, affecting 60% (as measured on a horizontal plane) or more of the tree's root zone or the area under the tree's root zone or the area under the tree which is at and within the drip line of the tree's canopy;

         (b)   Utility construction (such as sewer, water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of 60% or more of the tree's roots within the root zone;

         (c)   Mechanical injury to the trunk of a significant tree causing loss of more than 40% of the back; or

         (d)   Compaction to a depth of six inches or more of 60% or more of the surface of the soil within a significant tree's root zone, or the area under the tree which is at and within the drip line of the tree's canopy.

      (7)   Identification of all diseased, hazardous, or nuisance trees. Prior to any grading, all diseased and hazardous trees subject property shall be removed from the property.

      (8)   Signature of the person(s) preparing the plan.

   (H)   Tree and woodland reforestation mitigation.

      (1)   Removal and replacement. A developer shall replace significant live trees lost or reasonable anticipated to be lost as a result of grading, building upon, or any other land alteration of, the land immediately or in the future, by the developer, his agent, successor in interest, or any other person to whom or by whom all or any part of the land may be sold, graded, built upon, or altered by planting that number of trees (replacement trees) determined in accordance with the following formula. If trees are removed that are six to 11 inches in diameter inches, measured at four and one-half feet above the ground, they shall be replaced at a rate one and one-half inches for every diameter inch removed. Trees over 11 inches in diameter inches measured at four and one-half feet above the ground that are removed shall be replaced at a rate of two inches for every diameter inch removed.

      (2)   Approval; restoration. No significant trees or significant woodlands shall be removed until a tree preservation plan is approved by the city and escrow received in accordance with the approved tree preservation plan. If a significant tree(s) or any significant woodland that was intended to be preserved is removed without permission of the city, or damaged so that it is in a state of decline within one year from date of project closure as determined by a forester or landscape architect, the applicant shall mitigate tree loss by reforestation of appropriate areas within the development area in accordance with the following replacement schedule. For each significant tree removed that was intended to be preserved, two deciduous trees with a minimum of two and one-half-inch caliper or two coniferous trees with a height of not less than six feet must be planted.

      (3)   Required replacement; exception. The trees required to be replaced pursuant to this section shall not be in addition to any other trees required to be planted pursuant to any other provision of the code.

      (4)   Location of replacement trees. Replacement trees shall be planted in one or more of the following areas on the land; restoration areas including steep slopes, outlots or common areas, buffer zones between different land uses and/or activities, project entrance areas, and any other part of the land except any thereof dedicated or conveyed to the city. If a site cannot accommodate all the required planting, the trees may be planted on publicly-owned or leased sites. If not desired by the city, the city may accept cash of $100 per caliper inch, which would be placed in the Park Fund.

      (5)   Sizes and types of replacement trees. Replacement trees must be no less than the following sizes:

         (a)   Deciduous trees - no less than two and one-half caliper inches except bur oak, swamp white oak, pagoda dogwood, ironwood may be one and one-quarter caliper inches.

         (b)   Coniferous trees - no less than six feet tall.

   (I)   Time to perform.

      (2)   Replacement trees shall be planted not less than 18 months from the date of issuance of the permit.

      (3)   Any replacement tree which is not alive or healthy one year after the date that the last replacement tree has been planted shall be removed and a new healthy tree of the same size and species shall be planted in place of the removed tree. A new healthy tree of the same size and species shall be planted in place of any replacement tree missing one year after such date. Planting shall occur not later than the first fall or spring following such year.

   (J)   Protective measures.

      (1)   Measures to protect significant trees and significant woodlands approved, as part of the tree preservation plan shall be included in sales information and disseminated to potential buyers of wooded lots.

      (2)   The developer shall indemnify the city against any loss, cost or expense, including an amount as and for reasonable attorneys' fees incurred in enforcing the terms of this chapter.

   (K)   Tree protection.

      (1)   Trees designated for preservation shall be protected by a highly visible fence or other temporary structure deemed acceptable by the city. The protection area shall be defined by the projection of the tree dripline downward to the ground. If less protection is necessary due to the proximity of building structures or infrastructure, such reduced protection area shall require approval by the city prior to any construction activity taking place.

      (2)   The location and means of tree protection shall require inspection and approval by the city prior to any construction activity taking place. The city shall also inspect the construction site during construction. The tree protection shall remain in place until the city has conducted an inspection of the lot and has approved the removal of the fencing.

      (3)   No equipment, chemicals, soil deposits or construction materials shall be placed within a protective barrier.

      (4)   Any landscaping activity subsequent to the removal of the barriers shall be accomplished with hand labor or light machinery having a gross weight of no more than 1,000 pounds.

   (L)   Performance guarantee. Based upon the replacement trees identified with division (I), and prior to any construction activity taking place, the applicant shall submit a cash escrow, letter of credit, or other surety acceptable to the city in the amount of 100% of the cost of the replacement trees proposed for the project area. Such surety shall remain in force for two full growing seasons following installation of the replacement trees to guarantee survival. At the end of the two-year period or subsequent two-year period, the city shall review the project area in coordination with the applicant and shall make a determination to:

      (1)   Refund the appropriate performance surety; or

      (2)   Require the planting of new trees to replace the replacement trees, which did not survive the initial or subsequent two full growing seasons or subsequent periods until such time as the replacement trees have survived two full growing seasons. For purposes of this section, all trees shall be alive and in satisfactory growing condition at the end of two full growing seasons. The growing season shall include the period May 1 through October 31. The two-year guaranty period for plant material installed after June 1 shall commence the following year.

   (M)   Exceptions. The provisions of this section shall not apply to:

      (1)   The removal of trees from commercial nurseries or horticultural properties, such as tree farms, orchards, or commercial forests. This exception shall not be interpreted to include lumber harvesting incidental to imminent development of the land.

      (2)   The removal of trees on public rights-of-way conducted by or on behalf of a federal, state, county, municipal, or other governmental agency in pursuance of its lawful activities or functions in the construction or improvement of public rights-of-way.

      (3)   The removal of trees deemed by the city to be diseased, dying, or dead.

      (4)   The removal of any tree, which has become or threatens to become a danger to human life or property.

      (5)   The removal of any tree by a public utility when such tree has the reasonable potential of endangering the facilities operated by the utility.

      (6)   If no significant trees or woodlands are present on the site, a tree preservation plan will not be required.

(Ord. passed 2-29-1996; Am. Ord. 2006-195, passed 4-27-2006)

   (A)   All building construction for commercial, industrial or multiple-dwellings shall be accompanied by a complete site plan, showing the proposed use of the balance of the property. The plan shall show waste disposal, water supply, drainage, ingress and egress, landscaping, screening, and other supportive and pertinent data. Distances to surrounding buildings must also be shown on the site plan. All building permits shall be issued by the Zoning Administrator following his or her and the Building Inspector's review of the site plan for conformity with the city's present development codes and comprehensive plan. If the building permit application involves the approval of a zoning amendment, variance, or conditional use permit, no building permit shall be issued until the Planning Commission and City Council have taken appropriate approving action.

   (B)   Preliminary plans required.

      (1)   Certificate of survey. The certificate of survey shall be drawn at a scale of not less than one inch equals 50 feet. The certificate of survey shall indicate all existing structures and site improvements.

      (2)   Preliminary site plan. The preliminary site plan shall be drawn at a scale of one inch equals 50 feet. The submission may be composed of one or more sheets and drawings and shall include the location of all proposed buildings and their proposed uses; location of driveways and parking areas; indicate front, rear, and side yard setbacks proposed; location of all easements, width and purpose; location and size of existing public improvements adjacent to the lot site, including sanitary sewer, watermain, and storm drainage location and size of existing buildings and structures on site and within the district of 100 feet of the site; existing zoning and land use; location of refuse areas; location of outdoor storage areas; locations and specifications of signs; location and type of lighting.

      (3)   Landscape plan. The landscape plan shall be prepared at a scale of one inch equals 50 feet and shall include the following information:

         (a)   General. Name and address of developer/owner, name and address of architect/designer, date of plan preparation, date and description of all revisions, name of project or development, scale of plan, north point indication.

         (b)   Site analysis. Boundary lines of property line with dimensions based upon certified survey, name and alignment of proposed and existing adjacent on-site streets, location of all proposed utility easements and right-of-way, location of existing and proposed buildings, topographic contours at two-foot intervals, location of parking areas, water bodies, proposed sidewalks, and percent of site not covered by structures.

         (c)   Landscape data. Identification of both sodded and seeded areas with respect to any areas indicated in square footage. Identification of types, size, and location of plant materials, fences, walls, berms and other landscape improvement.

         (d)   Where landscape or manmade materials are used to provide required screening from adjacent and neighboring properties, a cross-section shall be provided at a legible scale illustrating the prospective of the site from the neighboring property and property line elevation.

      (4)   Grading and drainage plan. The grading and drainage plan shall be drawn at a scale of one inch equals 50 feet and shall contain the following information:

         (a)   Existing and proposed grades with a minimum of two-foot contour intervals to a known sea level datum;

         (b)   Sufficient spot elevations on all proposed hard surface areas;

         (c)   Estimated runoff of the area based upon ten- and 100-year storm events;

         (d)   Provisions to carry runoff to the nearest adequate outlet, such as a storm drain, natural drainage way or street;

         (e)   Location of any proposed ponding areas, indicating the size and depth of the pond and amount of acre feet of water to be stored;

         (f)   Finished floor elevations of all buildings;

         (g)   Identification of soil conditions by type and location, including identification of the water table, and suitability of soil for proposed development:

         (h)   Identification of any areas located within a flood hazard zone as identified by the city's floodplain maps.

      (5)   Floor plans and elevations. All floor plans and elevations shall be drawn to a legible scale and include the following information:

         (a)   Floor plans indicating square footage and dimensions of all proposed rooms and areas identifying the proposed uses;

         (b)   Elevations of the proposed building.

         (c)   Preparation of plans. Site plans shall be prepared by a registered architect, civil engineer, landscape architect, or land surveyor.

(Ord. passed 2-29-1996)

   (A)   In all residential districts, all personal property shall be stored within a building or be fully screened so as not to be visible from adjoining properties and public streets, except for the following: laundry drying and recreational equipment, home heating fuel tanks, stacked firewood, construction and landscaping materials, and equipment currently (within a 12-month period) being used on the premises, off-street parking of licensed passenger automobiles and pick-up trucks

   (B)   In non-residential districts, all exterior storage shall be screened. The exceptions are:

      (1)   Merchandise being displayed for sale;

      (3)   Merchandise located on service station pump islands.

   (C)   In non-residential districts, up to three commercial vehicles such as delivery and service trucks up to 11,075 pounds of gross weight may be parked without screening if the vehicles relate to the principle use. Construction equipment, trailers and vehicles over 11,075 pounds shall require screening.

   (D)   In all districts, the City Council may order the owner of any property to cease or modify open storage uses including existing uses, providing it is found that the use constitutes a threat to the public health, safety, convenience or general welfare.

(Ord. passed 2-29-1996)

   No mobile home, travel trailer, motor home, camper or similar vehicle may be used for office, business, industrial manufacturing, testing or storage of items used with or in a business, commercial or industrial enterprise.

(Ord. passed 2-29-1996)

      (1)   The provisions of this section are intended to:

         (a)   Allow for areas on-site for privacy;

         (b)   Provide screening and mitigation of potential conflicts between different uses;

         (c)   Enhance the overall aesthetic conditions within the city;

         (d)   Limit sight line obstructions;

         (e)   Reduce the potential for criminal and illegal activities; and

         (f)   Prevent conflicts with utilities and drainage flow.

      (2)   The purpose of this section is not to:

         (a)   Regulate naturally growing shrubs, trees or other foliage; or

         (b)   Regulate landscape or retaining walls.

         (a)   Any fence less than four feet tall.

         (b)   Any maintenance, upkeep and/or repair of fences.

         (c)   Any underground electric pet fencing.

         (d)   Any animal enclosure located at least five feet away from a property line and less than 150 square feet. However, animal enclosures located closer than ten feet to the property line shall be adequately screened from the closest neighboring property.

         (e)   Any patio, trash container or utility screen located at least five feet away from a property line and less than 32 feet in length.

         (f)   Any permanent garden or landscape fencing located at least five feet away from the property line. However, such garden and landscape fencing shall only be used within the parameters of the distinct garden and/or landscaping area.

         (g)   Any temporary/portable snow fencing.

         (h)   Any temporary/portable construction/safety fencing.

         (i)   Any temporary/portable soil erosion fencing. However, all erosion fencing associated with a construction project shall be completely taken down upon issuance of a final certificate of occupancy.

         (j)   Any temporary/portable special event fencing located within non-residential districts. Special event fencing located within residential districts may require an interim use permit as determined by the city.

      (1)   All fence permit applications shall include a certificate of survey and site map, drawn to scale, showing/labeling the following:

         (a)   Property address and/or legal description.

         (b)   Fronting street(s) and street names.

         (c)   Property lines and property line dimensions.

         (d)   Proposed fence type.

         (e)   Proposed location of the fence and distance from property lines.

         (f)   Existing objects and/or structures located near the proposed fence.

      (2)   All fence applicants/installers shall clearly mark the location of all property corners, boundary lines and proposed fence posts with the assistance of a registered surveyor and/or a certificate of survey. Such markings may be made with paint, flags, stakes and/or laths before a site inspection is conducted by the designated city official.

         (a)   Private fences shall not extend into any public rights-of-way, easements or into public property except by means of an encroachment agreement approved by the city. The encroachment agreement shall also be recorded with the County Recorder's Office. The city retains the right to deny encroachment requests for any or no reason. Further, the city or any utility company having authority to use the rights-of-way or easements, shall not be liable for repair or replacement of fences in the event that they are moved, damaged or destroyed by virtue of the lawful use of the easement.

         (b)   Any fence placed in a drainage easement shall not adversely affect drainage or create debris build-up.

         (c)   All fence applicants and/or property owners are responsible for verifying that no conflict exists with utilities prior to installation.

         (a)   In an effort to physically visualize property boundary lines, discourage back-to-back fences, and reduce small unmaintained gaps between fences, all boundary fences (fences located within ten feet of a property line) shall be located directly on or abut up to the shared neighboring property line.

         (b)   Only one boundary fence shall be located on or near the common property line between neighboring properties.

         (c)   Exceptions:

            1.   In the case of existing plantings and/or other objects located on or near the property line, the city shall prefer that such obstructions be removed from the path of the proposed fence. However, if the city concludes that such obstructions may remain in place, then an appropriate setback distance for the proposed fence will be determined by the city.

            2.   In the case that an existing neighboring fence is located within ten feet of the shared property line, the fence applicant and/or property owner shall work with the neighboring fence owner to tie-into or move the existing fence onto the common property line. However, if a private agreement cannot be arranged by the neighboring property owners to connect into or relocate the existing fence, the city shall determine an appropriate setback location for the proposed fence.

            3.   In the case that a shared common boundary fence between neighboring properties is not aesthetically or physically consistent with an existing and/or a proposed fencing type, two parallel fences may be considered by the city if placed directly back-to-back.

         (a)   All private fences shall be setback at least two feet away from the edge of any public sidewalk or trail.

         (b)   All private fences shall be setback at least 15 feet away from the road edge or back-of- curb along a public street, and all private fences shall be setback at least five feet away from the road edge along a public alley. All private boundary fences shall be placed according to these setbacks or on the property line, whichever is a greater distance away from the public roadway.

         (c)   Private fences adjacent to wetlands shall be setback in accordance with all applicable city, state and federal wetland buffer regulations as amended from time to time.

      (1)   Residential fences constructed along a property boundary line shall be a sturdy low-maintenance type, such as vinyl-coated chain link, steel, aluminum, wrought iron, vinyl, composite or other similar materials determined acceptable by the city. High-quality wood fences may be allowed along a property boundary if resistant to moisture rot, kept in good condition and regularly maintained. In the case that temporary access for the purpose of necessary maintenance on a residential boundary fence is not granted by a neighboring property, boundary fences should be constructed in a manner that allows the fence to be removed or tilted back towards the fence owner's property.

      (2)   Thin-wire (wire thinner than 12-gauge) fencing shall not be used as boundary fencing.

      (3)   Agriculture-type wire boundary fencing shall only be used in association with permitted agriculture uses.

      (4)   For security purposes, barbed wire fencing shall only be permitted in conjunction with mixed commercial-industrial, industrial, public, semi-public and agriculture land uses. All non-agriculture barbed wire fencing shall be placed at least seven feet above ground level in a manner that does not endanger the general public.

      (5)   All razor wire and electric fences shall be prohibited.

      (6)   The city does not enforce neighborhood covenants restricting specific types of fences.

      (7)   Retaining wall barriers. A permanent barrier shall be required at the top of retaining walls if the height of the drop-off is greater than 2 ½ feet (30 inches) and the top edge of the drop-off is located within five feet of a public sidewalk or trail. A permanent barrier may also be required at the top of a retaining wall deemed as an obvious safety threat to the general public by the city.

      (8)   Swimming pool fences and barriers. All fences and barriers associated with swimming pools and hot tubs/spas shall comply with the regulations stated in the State Building Code as amended from time to time. Swimming pools or spas secured with a code compliant safety cover as determined by the Building Official may be exempt from the following requirements:

         (a)   All permanent swimming pools, including in-ground pools and above-ground pools with rigid walls, shall be completely surrounded by a fence or wall not less than four feet in height, which shall be constructed as not to have openings, holes or gaps larger than four inches in either vertical or horizontal direction, except for doors and gates. The fence shall be of a type not readily climbed by children. A building or accessory building may be used as part of such enclosure. An above-ground pool with a wall greater than four feet in height does not require a fence if the wall cannot be readily climbed by children and the pool can be secured while not in actual use.

         (b)   All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use and be provided with hardware for permanent locking devices, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Pool gates shall be locked when the pool is not in use.

      (1)   All fencing affecting traffic visibility shall comply with the regulations stated in §153.063(F) of the zoning ordinance, as it may be amended.

      (2)   The finished side of all fences shall face away from the fence owner's property.

      (3)   All boundary fences shall be constructed so as to leave adequate clearance between the ground level and the bottom of the fence in order that the yard/landscaping lying directly under the fence can be easily trimmed and maintained.

      (4)   All front yard residential fences shall be a decorative type and at least 75% open (not greater than 25% opaque). Chain-link fences shall be prohibited in residential front yards.

      (5)   All temporary/portable fencing shall only be permitted for the time period necessary to fulfill the primary purpose for which the fence was intended. Except for construction/safety and erosion control fencing, no temporary/portable fencing shall be used for a period longer than six consecutive months per year without official city approval.

      (6)   All fences shall be compatible with the principal building and with the surrounding environment.

      (7)   The city shall not be held liable for any damage caused to a private fence while maintaining or clearing nearby public roads, trails, sidewalks or other public infrastructure.

      (8)   It shall be the responsibility of all fence owners to keep their fence in a condition of good repair and appearance on both sides of the fence and not in a condition of disrepair, danger, or constitute a public or private nuisance. Any fence shall be considered a public nuisance, if it does not comply with the following:

         (a)   All fences shall comply with associated regulations relating to nuisances and blight stated in the City Code.

         (b)   All fences shall be firmly fastened and anchored in order that it is not leaning or otherwise in the stage of collapse.

         (c)   All fences shall be maintained in sound and good repair and free from deterioration, loose or rotting pieces, or holes, breaks or gaps not otherwise intended in the original design of the fence. All fences shall be free from any defects or condition which makes the fence hazardous.

         (d)   All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the elements by paint or other protective surface covering or treatment, which shall be maintained in good repair to provide the intended protection from the elements.

         (e)   No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish.

(Ord. passed 2-29-1996; Am. Ord. 2004-152, passed 7-15-2004; Am. Ord. 2007-217, passed 12-27-2007; Am. Ord. 2011-242, passed 4-28-2011)

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

            1.   Balconies, at least eight feet or more above the ground, may project four feet into a required front yard or rear yard and two feet into a required side yard.

            2.   Unenclosed and uncovered rear yard landings/decks and associated stairs may project four feet into a required rear yard.

   (C)   Commercial and higher density residential properties shall require site plan review.

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

(Ord. 2012-254, passed 10-25-2012)

   (A)   Intent. In order to provide peace, quiet and domestic tranquility within all residential neighborhoods within the city, and in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas.

   (B)   Definitions.

      (1)   A HOME OCCUPATION is defined as any business or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use.

      (2)   A home occupation is authorized by this section without hearing.

   (C)   Standards. All home occupations shall conform to the following standards:

      (1)   No interior or exterior business sign shall be permitted unless authorized by the sign regulations for residential districts.

      (2)   There shall be no exterior storage of business equipment, materials, merchandise, inventory or heavy equipment.

      (3)   Vehicular traffic flow and parking within the driveway shall not increase by more than four additional vehicles at a time.

      (4)   All parking related to the home occupation shall be off street and within the driveway.

      (5)   Any manufacturing business or activity which produces noxious matter or perceptible noise beyond the lot line is prohibited.

      (6)   Shall not constitute a fire hazard to neighboring residences, will not adversely affect neighboring property values, nor constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, excessive noise, odors or other circumstances.

(Ord. passed 2-29-1996)

   (A)   Residential single-family dwellings (free standing detached dwellings homes), including two-family dwellings (attached twin home or duplex dwellings), multi-family dwellings not exceeding four dwelling units (attached three-unit or four-unit townhouse dwellings), and manufactured homes shall comply with the regulations stated in this section.

   (B)   Residential multi-family dwellings consisting of five or more units shall be required to follow the city's official site plan review process.

   (C)   The words "dwelling" and "home" can be used interchangeably in this section.

         (a)   Before construction may commence on a new single-family home or a new addition/expansion, a building permit application shall be approved by the city. A building permit application shall not be considered complete until the following items are fully finalized, completed, and submitted to the city:

            1.   Official building permit application form;

            2.   Two paper copies and one digital copy of the following:

               a.   Certificate of survey (showing scale, north arrow, lot size, property lines, property monuments/pins, existing/proposed structures and features, existing/proposed elevations/slopes, existing/proposed impervious areas, driveways, building setbacks, and associated dimensions);

               b.   Erosion control plan;

               c.   Floor plans;

               d.   Building elevation plans (indicate construction materials, height, size, design, and appearance of proposed building); and

               e.   Energy code calculations/information;

            3.   Other relevant/necessary permits and information requested by the city; and

            4.   Permit fees and other associated fees per the city fee schedule.

         (b)   Any missing items, information, and/or unacceptable payment shall constitute an incomplete application, and review will be discontinued until such item(s), information, and/or acceptable payment is received by the city.

         (a)   New homes shall maintain a high standard for exterior architecture to ensure a high quality of development and land use compatibility that contributes positively to community image in regard to material quality, visual aesthetics, permanence and stability, and to prevent use of materials that are unsightly, deteriorate rapidly, or contribute to depreciation of surrounding property values. The city shall not be responsible for costs associated with property/home value appraisals.

         (b)   The exterior architectural design of a proposed dwelling must be sufficiently similar to the exterior architectural design of existing dwellings in the immediate neighborhood and must not be so different from the surrounding neighborhood that it adversely affects other persons' enjoyment of their property or disrupt the welfare and general harmony of the community. All new homes shall fit in with nearby existing homes in terms of size, color, design, and architecture.

         (a)   All single-family dwelling shall have a minimum width and depth of at least 26 feet, which may include the measurement of an attached garage.

         (b)   All new residential dwelling units shall meet the following minimum above-grade home size requirements according to the specified zoning district:

 

 

         (d)   Home size area calculations shall not include basements, garages, and open porches.

         (e)   Crawl spaces and lower level areas less than seven feet in height shall not be considered a basement. Lower level areas and basements shall have a similar perimeter size as the above-grade main level floor.

 

 

         (c)   Garages shall be a minimum of 20 feet in width along the facade. If adequate property space is available, new homes/garages shall be positioned in such a way as to provide for the potential location of additional attached garage space, whether or not construction is intended.

         (a)   Building additions/expansions to any single-family home constructed prior to October 12, 2017, shall not be required to meet the standards set forth in this division (E).

         (b)   New homes being constructed in pre-1990 neighborhoods shall only be required to meet three-fourths of the listed home and exterior design requirements stated in this section.

         (c)   Properties part of PUD, Planned Unit Development, shall be subject to the home size and design requirements set forth within each applicable PUD agreement.

(Ord. 2018-284, passed 1-25-18; Am. Ord. 2018-292, passed 11-29-2018; Am. Ord. 2019-294, passed 2-27-2019; Am. Ord. 2022-312, passed 6-9-2022)

   Two-family residential lots may be platted or subdivided in such a manner that the common boundary line for the residential units will have a zero lot line setback, provided, however, that the lot meets with the following requirements:

   (A)   Each lot shall have a minimum square footage of 6,000 square feet;

   (B)   Separate services shall be furnished to each residential unit for sanitary sewer and water;

   (C)   Fence or shrubbery dividers may be installed or maintained on the common boundary line in the rear of the structure;

   (D)   The two-family unit shall be constructed in a side-by-side manner;

   (E)   A double fire wall in conformance with the building code shall be constructed as a common wall extending from the foundation up to the rafters of the building.

(Ord. passed 2-29-1996)

   (A)   The traffic generated by any use shall be channelized and controlled in a manner that will avoid: congestion on public streets, traffic hazards and excessive traffic through residential areas, particularly truck traffic.

   (B)   Internal traffic shall be so regulated as to insure its safe and orderly flow. Traffic into and out of commercial and industrial areas shall, to the extent possible, be forward moving with no backing into streets. On corner lots, no structure or other materials shall be placed within the intersection sight distance triangle between the height of 2 and one-half and 10 feet above the center line grade of the intersecting street. This intersection sight distance triangle is described as that area on the street side of a line drawn between two points located approximately 30 feet from the point of the intersection of the curb lines of the intersecting streets.

   (C)   Access drives and access.

      (1)   A number and type of access drives onto arterial or collector streets may be controlled and limited in the interest of public safety and efficient traffic flow.

      (2)   Access drives onto county or state highways shall require a review by the County or State Engineer who 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.

      (3)   All lots or parcels shall have direct adequate physical access for emergency service 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.

   (D)   Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the center line of the vacated area shall not be affected by the proceedings.

(Ord. passed 2-29-1996)

         (a)   Exceeds a gross vehicle weight rating (GVWR) of 19,500 lbs.;

         (b)   Exceeds 24 feet in length; or

         (c)   Any of the following types of vehicles regardless of weight/length, including, but not limited to: semitrailers, tractor portion of semitrucks, garbage trucks, tank trucks, dump trucks, flatbed trucks, tow trucks, cattle trucks, coach buses, school buses designed to carry more than 20 persons, or any other similar vehicle.

 

 

      (1)   Maximum number of standard vehicles: 4

      (2)   Maximum number of recreational vehicles: 3

      (3)   One utility trailer shall be counted as one recreational vehicle.

      (4)   One commercial vehicle shall be counted as two standard vehicles.

      (5)   One major recreational vehicle shall be counted as two recreational vehicles.

      (6)   One associated recreational vehicle trailer, not exceeding 24 feet in length, holding any combination of recreational vehicles, shall be counted as one recreational vehicle.

 

 

 

 

 

 

 

 

   (s) Seasonal recreational vehicles prohibited during the off-season.

 

 

      (2)   Permit A zoning permit shall be required for all new parking pads located within side or rear yards. Said permit shall be reviewed and approved by the City Administrator or his/her designee. No fee shall be required for said review and permit. A permit is not required for standard front yard driveways.

      (1)   Recreational vehicles and associated trailers shall be located completely on the owner’s property, be operable without need of repair, and currently licensed/registered to the owner/occupant of the premises upon which they are stored.

      (3)   Commercial vehicles and equipment. A special permit shall be required for parking of any major commercial vehicles or long-term outside parking/storage of contracting equipment.

(Ord. passed 2-29-1996; Am. Ord. 2017-275, passed 4-13-2017)

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

         (c)   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a similar use as determined by the City Administrator or his/her designee; and

         (d)   When computing total number of parking spaces required for a use, individual activities within the use will be calculated separately and added together to arrive at the total required parking spaces for each specific use proposed.

      (1)   All off street parking facilities shall comply with the following dimensional standards:

 

         (a)   Two-way traffic: twenty four feet (24') minimum.

         (b)   One-way traffic: twenty foot (20') minimum, if for fire truck access.

         (c)   Drive-up window lanes: fourteen feet (14') minimum, if for fire truck access.

         (d)   All driveways shall have a minimum width of ten feet (10') with pavement strength capable of supporting emergency and fire vehicles.

         (e)   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.

      (1)   The proposed joint parking space is within 400 feet of the use it will serve.

      (2)   The applicant shall demonstrate that there is not substantial conflict in the principal operating hours of the two or more buildings or uses for which joint use of off street parking facilities is proposed.

      (3)   A properly drawn legal instrument executed by the parties concerned for joint use of off street parking facilities shall be filed as a deed restriction on both properties in the county recorder’s office.

      (1)   Any off site parking which is used to meet the requirements of this chapter may, as applicable, be allowed by a conditional use permit for long term off site parking facilities or an interim use permit for short term temporary off site parking facilities, and shall be subject to the conditions of this section.

      (2)   Off site parking shall be developed and maintained in compliance with all requirements and standards of this chapter.

      (3)   Reasonable access from off site parking facilities to the use being served shall be provided.

      (4)   Except as allowed by a lease agreement approved by the city, the site used for meeting the off street parking requirements shall be under the same ownership as the principal use being served or under public ownership.

      (5)   Off site parking for multiple-family dwellings shall not be located more than 250 feet from any normally used entrance of the principal use served.

      (6)   Off site parking for nonresidential uses shall not be located more than 500 feet from the main public entrance of the principal use being served. Off site parking located more than 500 feet from the main entrance may be allowed with the provision of a private shuttle service.

      (7)   Any use which depends upon off site parking to meet the requirements of this chapter shall maintain ownership and parking utilization of the off site location until such time as on site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.

      (1)   The unique characteristics of the proposed use are such that it will generate a need for less parking than the standard of this chapter; or

      (2)   All requests for reductions in the amount of required parking to be installed shall be accompanied by a plan showing where the total required parking spaces can be added on the lot, if necessary, up to the total amount required by this chapter (meeting green area requirements) without requiring a variance.

            1.   Single-family residential dwellings: twenty-eight feet (28').

            2.   Multi-family residential buildings/complexes: thirty-two feet (32').

            3.   Commercial/industrial: thirty-two feet (32').

            4.   Public/institutional: thirty-two feet (32').

            5.   All other uses: twenty-four feet (24').

            1.   The additional access is necessary to provide adequate on site circulation.

            2.   The additional access shall create a minimum of conflict with through traffic movement and shall comply with the requirements of this chapter.

         (a)   Spaces accessory to one- and two-family dwellings shall be on the same lot as the principal use served unless guest parking is provided elsewhere;

         (b)   There shall be no off street parking space within five feet of any property line. Exceptions: 1) Setbacks allowed per City Code § 153.077; 2) properties having zero lot line setbacks, shared access, and/or joint parking; or 3) special parking situations approved by the City Engineer or his/her designee;

         (c)   When parking stalls abut a sidewalk, the minimum sidewalk width shall be six feet;

         (d)   Parking stalls shall not be located where they obstruct doorways, driveways, or pedestrian walkways; and

         (e)   All disability accessible stalls shall be located in close proximity to entrance areas and shall not be hindered by inappropriately located curb cuts, catch basins, and the like.

 

      (1)   Any of the following uses with a gross floor area of 6,000 square feet or more which requires deliveries or shipments shall provide off street loading facilities in accordance with the requirements specified below unless a conditional use permit is granted:

         (a)   Every retail establishment, industrial or manufacturing use, warehouse, or wholesale use having a gross floor area of 6,000 square feet or more shall provide off street loading facilities/areas as follows:

 

 

         (b)   Every public assembly use, such as auditoriums, convention halls, exhibition halls, stadiums or sports arenas, with a gross floor area of greater than 100,000 square feet shall be provided a minimum of one off street loading space.

         (c)   Funeral homes, restaurants and hotels with a gross floor area of greater than 30,000 square feet and offices with a gross floor area of 100,000 square feet or more shall provide a minimum of one off street loading space.

         (a)   At no time shall any part of a truck or van be allowed to extend into the right of way of a public street or alley while the truck or van is being loaded or unloaded.

         (b)   Any commercial/industrial off street spaces shall be located at least 100 feet from any residential district.

         (c)   All loading spaces shall be located in side or rear yard.

(Ord. passed 2-29-1996; Am. Ord. 2017-275, passed 4-13-2017; Am. Ord. 2022-310, passed 3-31- 2022)

   (A)   Findings. The City Council hereby finds as follows:

      (1)   Exterior signs have a substantial impact on the character and quality of the environment.

      (2)   Signs provide an important medium through which individuals may convey a variety of messages.

      (3)   Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare.

      (4)   Over the years the city's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation and enforcement of the physical characteristics of signs within the city has had a positive impact on traffic safety and the appearance of the community.

   (B)   Purpose and intent. It is not the purpose nor the intent of this sign section to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to:

      (1)   Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare.

      (2)   Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community.

      (3)   Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics.

      (4)   Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city.

      (5)   Provide for the safety of the traveling public by limiting distractions, hazards and obstructions.

      (6)   Provide for adequate expression of ideas.

      (1)   No sign shall be erected, altered, reconstructed, maintained or moved in the city without first securing a permit from the city. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Application for a permit shall be in writing addressed to the issuing authority and shall contain the following information:

         (a)   Names and addresses of the owners of the display structure and property;

         (b)   The address at which any signs are to be erected;

         (c)   The lot, block and addition at which the signs are to be erected and the street on which they are to front;

         (d)   A complete set of colored plans showing the necessary elevations, distances, size and details to fully and clearly represent the construction and place of the signs;

         (e)   The market value of the sign;

         (f)   Type of sign (such as building sign, monument sign, and the like);

         (g)   Certification by applicant indicating the application complies with all requirements of the sign subchapter;

         (h)   If the proposed sign is within federal, state, or county right-of-way, the application shall be accompanied by proof that the applicant has obtained a permit from the state for the sign; and

         (i)   Such other information as the Administrator shall require to show full compliance with this subchapter and all other laws and ordinances of the city.

      (2)   The application is not complete until all of the foregoing information is provided along with the payment of all applicable fees. It shall be the duty of the Administrator or his or her designee, upon the filing of an application for a permit, to examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign. If it appears that the proposed sign is in compliance with all the requirements of this subchapter and all other laws and ordinances of the city, the permit shall be issued. An applicant can appeal a denial of the sign permit to the City Council.

      (1)   Signs erected by authorized governmental agencies.

      (2)   The changing of the display surface on a painted, printed, or changeable copy sign/reader board signs only.

      (3)   Signs six square feet or less in size per surface as permitted in this section.

      (4)   Window signage as permitted in the general standards.

      (5)   Temporary and portable signage as permitted in this section.

      (1)   The area of a sign shall be computed by means of the smallest circle, rectangle or triangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material of color forming an integral part of the background of the display or used to differentiate the sign from the space around the sign or building face against which it is placed, but not including any supporting framework, pole, or bracing. Unless specified in this subchapter, each surface utilized to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall sign area. Symbols, flags, pictures, wording, figures or other forms of graphics painted on or attached to windows, walls, awnings, free-standing structures, suspended by balloons, or kites or on persons, or animals are considered a sign and are included in calculating the overall sign area.

      (2)   For monument, ground, and blade signs, the method in the previous section shall be used. Only the face that is specifically intended to be used for signage shall be included when computing the sign area. Any base or other supporting structure, along with all adjoining structures such as fences or walls shall not be included when computing the sign area.

      (1)   Any sign legally existing at the time of the passage of this section that does not conform to the provisions of this section shall be considered a legal nonconforming sign and may be continued through repair, replacement, restoration, maintenance or improvement but not including expansion. "Expansion" shall be defined as any structural alteration, change or addition that is made outside of the original sign structure, sign area, or design.

      (2)   Nothing in this section shall prevent the return of a sign structure that has been declared unsafe by the city's Building Inspector to a safe condition.

      (3)   When any legal nonconforming sign is discontinued for a period of more than one year or is changed to a conforming sign, any future sign shall be in conformity with the provisions of this subchapter. Any legal nonconforming sign shall be removed and shall not be repaired, replaced, or rebuilt if it is damaged by fire or similar peril to the extent of greater than 50% of its market value at the time of destruction and no sign permit or building permit has been applied for within 180 days of the date of destruction. The city’s Building Inspector shall be responsible for making the determination of whether a nonconforming sign has been destroyed greater than 50% at the time of destruction. In making the determination the Building Inspector shall consider the market value of the entire sign at the time prior to the destruction and the replacement value of the existing sign. In the event that a building permit or sign permit is applied for within 180 days of the date of destruction, the city may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent properties.

      (1)   Signs exceeding 250 square feet in area.

      (2)   Signs within the sight triangle. No sign, except for authorized signs, shall be erected within a corner lot sight triangle so that clear visibility of approaching vehicular or pedestrian traffic can be maintained. Such sight triangle means that triangular area defined as follows: beginning at the point of intersection of the right-of-way of two intersecting streets, thence 30 feet along one right-of-way line, thence diagonally to a point on the other right of way line 30 feet from the point of beginning, thence to the point of beginning. Exception: signs within the Central and Limited Business Zoning District may erect signage within the sight triangle that does not obstruct a driver's view or hamper pedestrian traffic.

      (3)   Signs within the city right-of-way, easements or publicly owned land. Exception: signs posted by authorized government officials, signs approved by the City Council, sandwich board signs located within the Central and Limited Business Districts, temporary signs per subsection (O), and projecting signs per subsection (L).

      (4)   Off-premise signs. Exception: signs posted by authorized government officials, signs approved by the City Council, sandwich board signs located within the Central and Limited Business Districts, and temporary signs per subsection (O).

      (5)   Billboard and dynamic billboard signs.

      (6)   Signs interfering, by reason of position, shape or color, in any way with the proper functioning or purpose of a traffic sign or signal.

      (7)   Signs that are painted, attached, or in any manner affixed to trees, utility posts, or other similar supports.

      (8)   Signs attached to or placed upon a building in such a manner that obstructs any window or door for fire escape.

      (1)   Sign permits are required for all signs unless otherwise stated in this section. The fee for sign permits shall be established by Council subchapter. All signs shall conform to the requirements of this section whether or not a sign permit is required. All signs shall be constructed in a matter and of such material that they shall be safe and substantial. All signs shall be properly secured, supported and braced and shall be kept in good repair so that public safety and traffic safety are not compromised.

      (2)   Non-commercial speech signs. Notwithstanding any other provisions of this sign section, all signs of any size containing non-commercial speech may be posted from August 1 in any general election year until ten days following the general election and 13 weeks prior to any special election until ten days following the special election. One non-commercial speech sign is allowed on each lot outside of the above specified time period on all properties.

      (3)   Substitution clause. The owner of any sign which is otherwise allowed by this sign section may substitute non-commercial speech signs in lieu of any other commercial speech sign or other non-commercial speech sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary.

      (4)   Every home or structure having an official address shall display an address sign that is visible from the street. Address signs shall follow the requirements stated in § 150.03. Address signs shall not count towards the overall permitted signage on a building.

      (5)   Signs may be illuminated. Symbols, statues, sculptures, and integrated architectural features on buildings may also be illuminated. Illuminated signs shall be subject to the electrical requirements of the Electrical Code of the State of Minnesota. Illuminated signs shall have a shielded light source. Where a sign is illuminated, the beam of light shall not shine directly upon any part of a residence or into the street.

      (6)   The owner of any sign located within city right-of-way shall be liable for any related bodily injury or property damage caused by the sign or sign's location and shall indemnify and save harmless the city its agents and representatives from any and all loss or damages.

      (7)   Freestanding signs shall be set back at least ten feet from the property line, except freestanding signs within the Central and Limited Business Zoning District shall be set back at least two feet from the property line. Freestanding signs shall not encroach into a drainage or utility easement unless an easement agreement is approved by the City Administrator.

      (8)   Building signs shall only be located on the principal building on the lot.

      (9)   Projecting signs. Wall signs shall be considered building signs and may project up to two feet away from the wall. Canopies, awnings, and marquees shall be considered an integral part of the structure to which they are attached. If signs are attached to a canopy, awning, or marquee, the canopy, awning or marquee shall be considered a part of the wall area used. Canopies, marquees, and awnings shall not project greater than five feet away from the wall. Projecting signs shall maintain a ground clearance of at least ten feet.

      (10)   Window signage is permitted and shall be counted towards the overall permitted signage on a building. The total window area on a building between ground level and a height of eight feet shall not exceed 75% window coverage.

      (11)   Up to four flags may be displayed upon a lot. Each flag may not exceed 100 square feet in size per surface, with a maximum of two surfaces.

      (12)   Any additional, unique or other signage not stated in this section shall require City Council approval.

      (1)   Individual dwelling units (not part of a dwelling group of six or more units). One wall and/or freestanding sign for each dwelling not to exceed two and one-half square feet per surface. Said freestanding sign shall not exceed four feet in height above average grade level. No sign shall be so constructed as to have more than two surfaces.

      (2)   Dwelling group of six or more units. One wall and/or freestanding sign for each dwelling group of six or more units not to exceed 12 square feet per surface. Said freestanding sign shall not exceed six feet in height above average grade level. No sign shall be so constructed as to have more than two surfaces.

      (3)   One wall and/or freestanding sign not to exceed 32 square feet per surface for permitted non-residential uses or use by conditional use permit. Said freestanding sign shall not exceed ten feet in height above average grade level. No sign shall be so constructed as to have more than two surfaces.

      (4)   One freestanding residential development/neighborhood identification sign per entrance. Said sign shall not exceed 75 square feet.

      (5)   One building and/or freestanding sign per entrance for schools and churches/places of worship. Said sign shall not exceed 75 square feet.

      (6)   Temporary signs per subsection (O).

      (7)   Park and playground signs.

      (1)   One freestanding sign per street frontage per lot or multi-tenant site.

         (a)   Type. Monument, blade, ground, double pole sign, multi-tenant signs.

         (b)   Size. Freestanding signs shall not exceed 150 square feet per surface, except signs within the Central and Limited Business Districts shall not exceed 50 square feet.

         (c)   Height. Freestanding signs shall not exceed 30 feet from average grade, except signs within the Central and Limited Business Districts shall not exceed 15 feet from average grade.

         (d)   Design. All freestanding signs shall be constructed of at least 50% brick (or brick veneer), stone (or stone veneer), pre-cast concrete, rock-faced block or other similar masonry.

      (2)   One building sign per wall per street frontage.

         (a)   Type. Wall, window, projecting, canopy, awning, marquee and multi-tenant signs.

         (b)   Size. Sign area is limited to 30% of the building face.

         (c)   Height. Building signs shall not extend more than two feet above the highest outside wall or parapet of any principal building.

         (d)   Multi-tenant signs. Each tenant within a multi-tenant site may erect a building sign limited to 30% of its wall.

      (3)   One electronic variable message sign or dynamic sign per street frontage. Such signs shall be integrated into the design of the free-standing sign or building.

      (4)   One permanent reader board/changeable copy sign per street frontage. Said signs shall not exceed 32 square feet per surface with a maximum of two surfaces. Such signs shall be integrated into the design of the free-standing sign or building.

      (5)   Fuel service stations may have one fuel canopy sign located upon the canopy per canopy side not exceeding 30% in size.

      (6)   Drive-through restaurant menu signage shall be approved by the City Administrator.

      (7)   Temporary signs per subsection (O).

      (1)   Temporary and portable signage is allowed over and above the typical signage limit allowed on a property for permanent signage. Under no circumstances shall temporary and portable signs be used in place of permanent signage.

      (2)   All temporary and portable signs shall be kept in good repair and not create visual clutter.

      (3)   No more than four temporary and/or portable signs shall be allowed per lot within business and industrial districts. Temporary and portable signs shall not exceed 32 square feet in size per surface with a maximum of two surfaces.

      (4)   All temporary and portable signs shall meet federal and state regulations.

      (5)   Sandwich board signs.

         (a)   Sandwich board signs shall be allowed in all zoning districts within the city, except that in residential districts sandwich board signs will be permitted only for non-residential uses and uses by conditional use permit.

         (b)   There shall be only one sandwich board sign allowed for each entity.

         (c)   Sandwich board signs shall be considered temporary signage.

         (d)   Sandwich board signs shall not exceed eight square feet in size per surface area with a maximum of two surfaces.

         (e)   Bordering property owners may place a sandwich board sign on a public sidewalk or within the public right-of-way directly next to their property. If placed on a sidewalk, a sandwich board sign shall not take up more than two feet of sidewalk width and shall not be placed in the middle of the sidewalk. Said signs shall not be located in the roadway or interfere with vehicular or pedestrian circulation or visibility.

         (f)   Sandwich board signs may be removed by the city if they interfere with any city or neighboring activities (such as snow removal, maintenance of the surrounding area, and the like).

         (g)   Public sidewalk sandwich board signs shall be displayed only during the times that the entity is open. No public sidewalk sandwich board sign shall be displayed overnight or when there has been any snow accumulation.

         (h)   Sandwich board signs shall be weighed down.

         (i)   Sandwich board signs that do not comply with the regulations stated above may be removed and disposed of by the city.

      (6)   Garage sale, rummage sale, and yard sale signs.

         (a)   No more than one on-premise sign is permitted per sale event. No more than two off-premise directional signs are permitted per sale event.

         (b)   Size. Signs shall not exceed six square feet per side with a maximum of two sides per sign.

         (c)   Location. On-premise signs shall be located entirely on the property of the sale (typically about ten feet from the back of curb). All signs shall not interfere with vehicular or pedestrian circulation or visibility. All off-premise signs shall require written permission from the property owner (state, county, city, private property owner).

         (d)   Time period. Signs may be erected beginning on Thursday at 8:00 a.m. to the following Sunday at 8:00 p.m.

         (e)   Parcels may have no more than four sale events per year.

         (f)   Signs that do not comply with the regulations stated above may be removed and disposed of by the city.   

      (7)   Private party and celebration signs (wedding, graduation, birthday, religious, or similar event) are permitted only during the day of the event.

      (8)   Community event and public information (non-commercial) signs are permitted. Said signs shall not be located in the roadway or interfere with vehicular or pedestrian circulation or visibility. All off-premise signs shall require written permission from the property owner (state, county, city, private property owner).

      (9)   Real estate signs.

         (a)   Real estate signs for the purpose of selling or leasing individual lots, units, or buildings are permitted provided the signs do not exceed ten square feet for residential property and 32 square feet for other property and provided that only two signs are permitted for each property. Said signs shall be removed within ten days following the lease or sale.

         (b)   One sign per building for the purpose of leasing dwelling units in buildings containing two or more units provided the signs are limited to five square feet in area.

         (c)   Temporary real estate offices and model homes within residential districts may erect up to four temporary signs per lot not exceeding 32 square feet.

         (d)   Off-premise directional open house signs may be erected only during public visitation hours. Said signs shall be limited to six per street intersection.

         (e)   Off-premise parade of home signs may be erected from Thursday at 8:00 a.m. to Monday at 8:00 a.m. only during the Parade of Home's officially advertised five-week period.

         (f)   Off-premise directional for sale signs are prohibited.

         (g)   Real estate signs that do not comply with the above requirements may be removed and disposed of by the city.

         (h)   Temporary development signs. New residential developments of 20 or more dwelling units/lots or commercial/industrial projects four or more units/lots may erect up to two signs with a commercial message not exceeding 75% square feet per side, with a maximum of two sides. Said signs shall be removed once 75% of the subdivision is developed.

      (10)   New construction projects. New construction worksites may erect one sign with a commercial message not exceeding 75 square feet. Said signs shall be removed ten days after construction is complete.

      (11)   Upon written request to the City Administrator, additional temporary or portable signs may be allowed in appropriate circumstances. The number of additional temporary signs shall be subject to City Administrator approval and the City Administrator may place reasonable restrictions on the use and placement of such signs.

(Ord. passed 2-29-1996; Am. Ord. 2008-220, passed 4-24-2008)

   (A)   A proposal for a new commercial wireless telecommunication service tower shall not be approved if one or more of the following conditions exist:

      (1)   Existing or approved towers and/or buildings within the search area radius could accommodate the planned equipment at a height necessary to function properly, as documented by a qualified and licensed professional engineer;

      (2)   The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment;

      (3)   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building, as documented by a qualified and licensed professional engineer.

   (B)   Any proposed commercial wireless telecommunications service tower shall be designed in all respects, including structurally and electrically, to accommodate the applicant's antennas and comparable antennas for at least two additional users if the tower is more than 100 feet in height or for one additional user if the tower is less than 100 feet but more than 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

   (C)   Proof of non-interference. Each application for construction of a wireless telecommunication facility shall include either a preliminary or a certified statement that the construction of the tower, including reception and transmission functions, will not interfere with radio, television or other types of public or community wide communications services. In the event only a preliminary statement is submitted with the application, a final certified statement of non-interference will be provided and approved by the city prior to issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of Minnesota or other professional who would be accepted by the city.

   (D)   Performance standards for towers.

      (1)   Lot area. See Appendix B for minimum lot sizes. If additional setbacks are required, additional lot size may be mandated to meet setback requirements.

      (2)   Setbacks.

         (a)   If the tower is designed to collapse in upon itself, the structural setbacks for towers need to conform to the setbacks established in the zoning district standards Appendix B of this chapter.

         (b)   If the tower is not self collapsing, the setbacks from all property lines shall be equal to the height of the tower.

      (3)   One accessory building will be permitted on each tower site, but shall be limited to one story in height, have no more than 1,500 square feet in floor area, and shall conform to all structural setback requirements of Appendix B.

      (4)   Towers shall be enclosed within security fencing to prevent unauthorized entry.

   (E)   Lighting. All lighting on tower sites shall meet FAA or FCC requirements and shall not result in glare on adjacent property.

   (F)   Obsolete or unused towers. All obsolete and unused towers and accompanying accessory facilities shall be removed by the property owner within 12 months of the cessation of their use.

(Ord. passed 2-29-1996)

      (1)   Pools and spas shall not be located within the front yard or between the front of a principal structure and the adjacent road. Exception: One kiddie pool, setback at least ten feet from the front property line, may be allowed within the front yard.

      (2)   Pools and spas shall be setback at least ten feet from the side property line.

      (3)   Pools and spas shall be setback at least ten feet from the rear property line.

      (4)   Pools and spas shall not be located within any pathway, drainage and/or utility easement.

      (5)   Pools and spas shall be setback at least 20 feet from any septic tank/drainfield.

      (6)   Pools shall be setback at least six feet from any principal structure or frost footing.

      (7)   All off-season temporary pools shall be stored inside a permanent structure.

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

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

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

      (3)   To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner's property or into a public stormsewer/drainageway. Water shall not drain onto adjacent or nearby private land.

      (4)   The filter unit, pump, heating unit and other noise making mechanical equipment shall be located at least 25 feet from any adjacent or nearby residential structure and not closer than ten feet to any lot line.

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

      (6)   Pool fencing shall comply with the regulations stated in § 153.071, Fences, as it may be amended from time to time.

      (7)   Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type.

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

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

      (10)   Backflow valves will be required on all fresh water intake valves to any permanent type swimming pools.

(Ord. 2006-196, passed 4-27-06; Am. Ord. 2011-247, passed 11-29-2011) Penalty, see § 10.99

      (1)   Any retaining wall four feet in height or greater shall require a building permit.

      (2)   Landscape walls less than four feet in height shall not require a building permit but shall be subject to the requirements stated in this section.

      (3)   Terraced retaining walls consisting of separate walls measuring less than four feet in height and set apart by at least two feet shall not require a building permit.

      (1)   All retaining wall applications shall include an elevation sketch, drainage details and an official letter and/or plans approved by a licensed engineer.

      (2)   All retaining wall permit applications shall include a certificate of survey and site map, drawn to scale, showing/labeling the following:

         (a)   Property address and/or legal description.

         (b)   Fronting street(s) and street names.

         (c)   Property lines and property line dimensions.

         (d)   Proposed retaining wall material/type.

         (e)   Proposed location of the retaining wall and distance from property lines.

         (f)   Existing objects and/or structures located near the proposed retaining wall.

      (3)   All retaining wall applicants/installers shall clearly mark the location of all property corners, boundary lines and the proposed retaining wall with the assistance of a registered surveyor and/or a certificate of survey. Such markings may be made with paint, flags, stakes and/or laths before a site inspection is conducted by the designated city official.

      (1)   All private retaining walls and landscape walls abutting up to or running parallel with a nearby property line shall be setback at least two feet from the property line to allow for adequate access and maintenance. Retaining walls extending over multiple parcels/property lines shall require approval by the City Engineer and/or Building Official.

      (2)   All private retaining walls and landscape walls shall be setback away from the edge of any public roadway, trail or sidewalk to allow for adequate room for access and maintenance.

      (3)   Private retaining walls and landscape walls adjacent to wetlands shall be setback in accordance with all applicable city, state and federal wetland buffer regulations as amended from time to time.

         (a)   Private retaining walls shall not extend into any public rights-of-way, easements or onto public property except by means of an encroachment agreement approved by the city. The encroachment agreement shall also be recorded with the County Recorder's Office. The city retains the right to deny encroachment requests for any or no reason. Further, the city or any utility company having authority to use the rights-of-way or easements, shall not be liable for repair or replacement of landscape/retaining walls in the event that they are moved, damaged or destroyed by virtue of the lawful use of the easement.

         (b)   Any landscape or retaining wall placed in a drainage easement shall not adversely affect drainage or create debris build-up.

         (c)   All landscape or retaining wall applicants and/or property owners are responsible for verifying that no conflict exists with utilities prior to installation.

         (a)   All landscape/retaining walls shall comply with associated regulations relating to nuisance and blight stated in the City Code.

         (b)   All landscape/retaining walls shall be constructed firmly in place and not in a stage of bowing or collapse.

         (c)   All landscape/retaining walls shall be maintained in sound and good repair and free from loose boards/blocks/boulders, breaks, or gaps not otherwise intended in the original design of the wall. The wall shall be free from any defects or condition which makes the wall hazardous.

         (d)   All wooden landscape/retaining walls shall be made of treated or decay resistant wood.

         (e)   No landscape/retaining walls shall have a failing drainage system.

(Ord. 2011-242, passed 4-28-2011)