Except as otherwise expressly provided or limited in this section, accessory uses and structures are permitted in any zoning district in connection with any principal use lawfully existing within such district.

(1)

Compliance. No accessory use or structure shall be established or constructed unless in compliance with this article.

(2)

Use limitations. In addition to any other condition or limitation required by this section, accessory uses and structures shall be subject to the following conditions and limitations:

a.

No accessory use or structure shall be established or constructed before the principal use is in operation or the principal structure is under construction in accordance with these regulations.

b.

In residential districts, no sign shall be erected in connection with an accessory use or structure.

(3)

General yard, bulk, and height limitations. All accessory uses permitted by this section shall be subject to the following general requirements:

a.

Location of accessory building in required yards.

1.

Accessory buildings are prohibited in any required front yard or side yard setbacks.

2.

No accessory building on a corner lot shall be located in the corner side yard.

b.

Maximum coverage. In residential districts, an accessory building shall not occupy more than 50 percent of the total area of the required rear yard.

c.

Maximum height of accessory structures. The height of accessory buildings shall not exceed the limits set for uses permitted in the district. However, accessory utility structures shall comply with applicable Federal Communications Commission or Federal Aviation Administration height regulations.

(4)

Minimum structural requirements. Accessory buildings in residential zoning districts shall conform to the following minimum structural requirements:

a.

The roof style of the accessory building shall be similar to the roof style of the main building.

b.

Corrugated metal exterior finishes are prohibited for accessory buildings that have ground coverage of greater than 120 square feet.

c.

The construction shall conform to the uniform building code as adopted by the city council.

d.

The building shall be constructed on a concrete slab or footing.

(5)

Kennel, private. Private dog kennels in residential zoning districts shall not be allowed in the required front or side yards. Kennels may be located in the rear yard setback, provided all portions of the kennel are located at least three feet from any property line.

(6)

Satellite dishes and antennas. Satellite dishes and antennas shall not be allowed in any required front or side yard. Satellite dishes or antennas shall be allowed in the rear yard, provided the satellite dish or antenna, including support structures, are set back three feet from any property line.

(Code 2015, § 10.81(1); Ord. No. O-2022-0509-2, § 10.81(1), 5-9-2022)

Projections of a principal or accessory structure may be located in a required yard only as indicated below. In no case shall any obstruction extend beyond the limits of the lot, and adequate drainage shall be provided which is directed away from adjacent private property.

(1)

Air conditioners, central air outside condensing units, and window units, projecting not more than 36 inches into the required yard.

(2)

Arbors and trellises in all required yards.

(3)

Architectural ornaments and projections not more than four inches into a required yard.

(4)

Unenclosed awnings and canopies extending not more than 2.5 feet into front or side yards and not more than five feet into rear yards. Such canopy shall be cantilevered from the principal or accessory structure and shall not contain separate ground supports.

(5)

Fences or walls.

(6)

Fire escapes may extend into the required side yard a distance not exceeding 36 inches.

(7)

Flagpoles.

(8)

Unenclosed porches, landings, or steps; provided the area of the porch, landing, or step does not exceed 64 square feet, and does not project more than eight feet into the required front yard or three feet into the required side yard.

(9)

Projecting eaves, gutters, bay windows, and cantilevered building extensions, provided the projection is more than 36 inches above the ground grade and projects not more than 2.5 feet into the required side yard or four feet into their required front or rear yards.

(10)

Fireplaces, not more than 2.5 feet into the required side yard or four feet into their required front or rear yards.

(Code 2015, § 10.81(2))

No basement dwelling shall hereafter be permitted in any district. Existing basement dwellings shall have the status of nonconforming uses. Basement dwellings are defined in the uniform building code (chapter 12).

(Code 2015, § 10.81(3))

Every corner lot shall provide a required front yard and a corner side yard on the secondary street side of the lot. The width of the corner side yard shall not be less than one-half the distance of the required front yard depth requirement for the lot. The corner side yard shall extend from the front to the rear of the lot along the secondary side street. No building shall be allowed in the corner side yard, and the restrictions on parking in the front yard shall apply to parking in the corner side yard. Corner lots in the B-3 district shall provide a corner side yard equal to the dimensions of the required front yard.

(Code 2015, § 10.81(4))

There shall be provided a required front yard and a required rear yard on a through lot. The required setback from the rear property line for accessory structures shall be one-half the required front yard setback.

(Code 2015, § 10.81(5))

(a)

Front yard exception. In a block where the average of the front yard of existing improved lots within a distance of 100 feet on both sides of a lot is not more than six feet or not less than six feet than the required front yard, the required front yard for the lot shall be the front yard average of the improved lots. Where the average is greater than six feet or less than six feet, the zoning administrator shall establish the required front yard.

(b)

Building height exceptions. The building height limits established herein for districts shall not apply to belfries, cupolas, domes, spires, monuments, roof houses, airway beacons, radio towers, windmills, flagpoles, chimneys or flues, not to bulkheads elevators, water tanks or towers, and other structures for essential services, not to similar structures or necessary mechanical appurtenances extending above the roof of any building and not occupying more than 25 percent of the area of such roof. When permitted in a district having a building height limit of less than 75 feet, public buildings, schools, churches, and other institutions, and semi-public buildings may be erected to a height not exceeding 75 feet, provided the front yard depth, side yard widths, and rear yard depth shall each be increased by one over and above the requirement for the district for each two feet of building height above the building height limit for the zoning district.

(c)

Side yard exceptions for attached private garages. For one-family dwellings with an attached private garage in existence on the effective date of the ordinance from which this chapter is derived, the required side yard setback may be reduced to three feet for the purpose of constructing an addition to the attached private garage; provided the attached private garage is less than 24 feet in width on the effective date of the ordinance from which this chapter is derived. The addition to the attached garage shall only be allowed in conformance with the following:

(1)

The cumulative width of the existing garage and garage addition shall not be more than 24 feet.

(2)

The building height of the garage addition shall not be greater than the building height of the existing attached garage.

(3)

The garage addition shall not encroach into a recorded easement.

(4)

The garage addition shall comply with all the other requirements of this article and the uniform building code.

(5)

The existing garage and garage addition shall only be used as a private garage.

(6)

Adequate drainage shall be provided and drainage shall be directed away from adjacent private property.

This exception shall not apply to the corner side yard (refer to sections 10-2 and 10-1465).

(d)

Exception for continuation of existing building line. In an instance where the building line of a legal nonconforming principal structure or attached private garage is not set back from a property line in conformance with this article, the principal structure and attached private garage may be structurally expanded in a manner consistent with the existing building line and in conformance with the following restrictions:

(1)

The use of the structure is conforming to the zoning district in which it is located.

(2)

The expansion of the structure shall not be located closer to the lot line than the existing building line, and at least one-half of the required setback is provided between the building line of the expansion and the lot line.

(3)

The expansion of the structure will not reduce any other required setback below the minimum standards of this article.

(4)

The expansion of the structure will conform to all other restrictions of this article, including, but not limited to, density, lot coverage, building height, and parking and loading requirements.

(5)

The height of the expansion shall not be greater than the existing structure at the existing building line.

(6)

Adequate drainage will be provided and the drainage shall be directed away from adjacent private property.

(7)

The expansion of the structure will not encroach into the required site triangle as defined in section 5-20.

(8)

This exception shall not apply to detached accessory buildings.

(Code 2015, § 10.81(6))

When computing the depth of a rear yard for any lot located in a residential district where the rear lot line adjoins an alley, one half the width of such alley may be included as rear yard depth, provided that the rear yard depth of the lot, exclusive of the alley, shall not be less than 20 feet.

(Code 2015, § 10.81(7))

When computing the required lot area for a lot which adjoins an alley, one-half of the width of the alley up to ten feet may be included as part of the lot area.

(Code 2015, § 10.81(8))

The following regulations shall apply to accessory decks, patios, balconies, and ramps in the R-1, R-2, R-3, R-4, and OR zoning districts:

(1)

The following shall not be considered as encroachments in required front yards: Uncovered ramps constructed for the purpose of providing handicap access, provided that the ramp has a railing no higher than 36 inches and does not extend nearer than five feet to the front lot line.

(2)

The following shall not be considered encroachments in required side yards: Uncovered ramps constructed for the purpose of providing handicap access which do not extend nearer than three feet to the side lot line.

(3)

The following shall not be considered encroachments in required rear yards:

a.

Attached decks not more than two feet above grade (exclusive of any railing), or uncovered ramps constructed for the purpose of providing handicap access, provided that the deck or the ramp shall be set back at least ten feet from the rear lot line.

b.

Attached uncovered balconies or decks higher than two feet above grade that are set back at least 15 feet from the rear lot line.

(4)

The following shall not be considered encroachments in required front yards: Attached decks may extend eight feet into the required front yard setback, provided that the deck is at least ten feet from the property line. The height of the deck shall not exceed the height of the front entrance of the principal building.

(5)

Decks and ramps shall be included in the calculations for lot coverage.

(6)

All of the preceding permitted setback encroachments shall not be construed to allow encroachment into an easement of record.

(Code 2015, § 10.81(9); Ord. of 7-9-2001)

Pools, either in-ground or with a depth of water greater than 3.5 feet shall conform to the following standards:

(1)

All pools shall be located a minimum of ten feet from any side or rear lot line and a minimum of six feet from any principal structure or frost footing. No pool shall be located within any front yard. Pools shall be constructed and maintained in accordance with this section and all other applicable city or state regulations.

(2)

No pool shall be located beneath overhead electrical lines or over underground utility lines of any type.

(3)

No pool shall be located within any private or public utility, walkway, drainage, or other easement.

(4)

All accessory mechanical apparatus shall be located at least 30 feet from any adjacent residential structure and no closer than five feet to any lot line.

(5)

Lighting for the pool shall be oriented so as not to cast light onto adjacent properties.

(6)

To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner's property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land or sanitary sewers without prior approval. Water must be tested by the owner and clear of chemicals prior to drainage.

(7)

Except where exempted below, a security fence of at least six feet in height shall completely enclose the pool area. Openings or points of entry into the pool area enclosure must be equipped with gates. Gates must be equipped with self-closing or self-latching devices capable of being locked, placed on top of the gate or another place inaccessible to small children. All fence posts shall be decay or corrosion-resistant and shall be set in concrete bases or other suitable protection. The opening between the bottom of the fence and the ground or other surface shall be not more than four inches. The security fence shall be screened in conformance with the requirements of article X, division 8, of this chapter. Exemptions for private residential pools:

a.

In-ground private residential pool with an automatic cover that conforms with the specifications of the ASTM F 1346-91 standard. Pool covers shall be maintained in good working condition.

b.

Aboveground private residential pool with a sidewall or other barrier of 48 inches or more above grade provided the steps, ladder, ramp, or other form of access is designed to be secured, locked, or removed to prevent access.

(8)

If a pool is the primary use of the zoning lot, the owner shall have proof of insurance.

(9)

No in-ground pool shall be constructed unless a building permit has first been obtained from the building official, or designee. In addition, such pools shall be subject to site plan review pursuant to article X, division 10, of this chapter.

(Code 2015, § 10.81(10); Ord. No. O-2022-0509-2, § 10.81(10), 5-9-2022)

It is the findings of the city council that home occupations effect neighborhood character, have a potential to be a nuisance to neighbors, and may negatively affect city services. The purpose of this division is to regulate home occupations in order to avoid such negative impacts and to ensure the integrity and goals of the residential zoning districts. Standards for home occupations are intended to ensure compatibility with other permitted uses and the character of the residential neighborhood.

(1)

No special permission required. When an accessory use is deemed a home occupation, as defined in this division, it means that the owner, lessee, or other persons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation in conformance with this section, without securing special permission from the city. This shall not be construed to exempt owners, lessees, or other persons who have a legal right to the use of the dwelling unit from other applicable regulations of this Code.

(2)

Allowed in residential zoning districts. Home occupations are allowed as accessory uses where the principal use of the premises is a dwelling. The accessory use of residential property for a home occupation shall conform to the following standards:

a.

Such home occupation shall be conducted solely by residents of the dwelling.

b.

Such home occupation shall be contained entirely within the dwelling. The use of detached accessory buildings or private garage, attached or detached, for a home occupation is prohibited.

c.

There shall be no outside storage of materials, goods, supplies, or equipment of any kind related to the home occupation.

d.

Such occupation shall create no noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than what normally occurs in a residential zoning district.

e.

No employees, which do not reside at the premises on which the home occupation is located, shall report to work at the location of the home occupation or park motor vehicles on the property or in the vicinity of the home occupation.

f.

No commercial vehicle in excess of 9,000 pounds gross weight shall be used in connection with the home occupation or parked on the property.

g.

One automobile is allowed to be used in connection with a home occupation. Such vehicle shall be parked on a conforming off-street parking stall located on the property.

h.

No traffic or parking demand shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

i.

Only one sign shall be allowed. The sign may display the name of the occupant or the name of the home occupation. The sign shall be nonilluminated and attached flat to an exterior wall of the dwelling or visible through a window of the dwelling.

j.

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, or vibrations.

(3)

Prohibited home occupations. The following uses, by the nature of the investment or operation, have a pronounced tendency to rapidly increase beyond the limits permitted for home occupations. The following uses, therefore, are not permitted as home occupations:

a.

Automobile, boat, and trailer painting.

b.

Automobile, boat, and trailer repair or servicing.

c.

Automobile, boat, and trailer sales or rental.

d.

Junkyard, scrapping, or salvage operations.

e.

Medical or dental offices.

f.

Mortuaries or funeral homes.

g.

Painting, electrical, plumbing, or general contractor; unless operated only as an office for the uses, and provided further that no employees report to work at the premises.

h.

Restaurants or other eating and drinking establishments.

i.

Any other use as determined by the city council.

(Code 2015, § 10.82(1))

In addition to any other condition or limitation required by this article, day care facilities that are not operated as home occupations shall be subject to the following conditions and limitations:

(1)

Where the facility is accessory to a principal use, service shall be made available to the employees of the principal use.

(2)

Each facility shall provide separate off-street passenger loading and unloading areas devoted solely to the facility.

(3)

Each facility shall provide a separate and protected outside recreation area.

(4)

Where the facility is accessory to a principal use, physical separation from the major operations of the principal use shall be required and direct access to the principal use shall be restricted or otherwise controlled.

(Code 2015, § 10.82(2))

In addition to any other condition or limitation required by this article, bed and breakfast establishments shall be subject to the following conditions and limitations:

(1)

The bed and breakfast residence shall be owner-occupied.

(2)

The number of dwelling units within the bed and breakfast residence, which are not used by guests of the bed and breakfast establishment, shall conform to the density regulations of this article.

(3)

One bed and breakfast bedroom shall be allowed per dwelling unit lot area standard.

(4)

Two parking spaces are required for each dwelling unit, plus one additional parking space for each bed and breakfast bedroom. Required parking for dwelling units and bed and breakfast bedrooms shall be located on the zoning lot. Guests and residents in the dwelling units shall be assigned parking spaces.

(5)

Required parking spaces shall not be located in the required front or side yards. Thirty-five percent of the rear yard may be used for unenclosed parking.

(6)

The number of guests allowed to a permitted accessory activity, such as a wedding, banquet, dinner, etc., shall be based on the number of off-street parking spaces available at the bed and breakfast. Two parking spaces shall be required for each three guests. Required off-street parking for a permitted accessory activity shall be provided on the zoning lot or within 300 feet of the zoning lot. Guests shall be required to park at the off-street parking areas provided.

(7)

Parking spaces shall be screened from view at ground level from all adjoining properties, public streets and ways.

(8)

Parking spaces shall be hard surfaced with concrete or asphalt and shall be well-drained, stripped, and numbered.

(9)

The structure and performance of the operation of the bed and breakfast and residence shall comply with all local, county, and state regulations.

(10)

Signage shall not exceed one single- or two-sided sign not exceeding six square feet on one side. The sign may be attached to the dwelling or located five feet from any property line. The signage shall not be illuminated.

(11)

The owner of the bed and breakfast shall maintain a guest register showing the name, address, motor vehicle license number, and inclusive dates of visits of all guests. No guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of 14 calendar days during any consecutive 90-day period.

(12)

Meals shall be served only to registered bed and breakfast guests or registered guests of a permitted accessory activity.

(13)

Accessory activities shall be limited to the hours of 9:00 a.m. to 5:00 p.m., Monday through Thursday, 9:00 a.m. to 10:00 p.m., Friday and Saturday, and 12:00 noon to 8:00 p.m. on Sundays and holidays.

(14)

Sound and light emanating from the property shall not be disruptive to the normal peace and quiet of the neighborhood.

(15)

The city council may modify standards or require additional standards which are site specific in order to ensure the compatibility of the bed and breakfast activities with the neighborhood in which it is located.

(16)

The city council reserves the right to review the conditional use permit annually and either continue or modify the conditions of the permit.

(17)

The city council reserves the right to terminate the conditional use permit any time the owner fails to adhere to the standards or conditions established by this section or contained in the conditional use permit.

(Code 2015, § 10.82(3))

Restaurants, bar, and other eating establishments serving intoxicating liquor in an unenclosed service area or providing an unenclosed seating area where intoxicating liquor is consumed must, in addition to complying with any applicable provisions of chapter 3, ensure the following:

(1)

The area shall not be located in a required yard or setback.

(2)

The area shall be located on a side of the building that is not facing or visible from an abutting residential zoning district or a residential zoning district that is located across the street from the zoning lot.

(3)

Adequate lighting shall be provided in the unenclosed service area or unenclosed seating area. All exterior lighting shall comply with the full cutoff lighting provisions of article X, division 9, of this chapter.

(4)

The unenclosed seating area must be surrounded by a wall or fence and landscaping in conformance with chapter 3. The wall or fence and landscaping shall be designed so as not to allow individuals to enter or exit the unenclosed service or seating area except for direct access into the main building or other approved access or egress. The unenclosed seating area shall be designed so as not to obstruct a required entrance/exit of the main building. The final design of the seating area shall be reviewed by the city manager, or designee and the standards for the operation, maintenance, and design of the seating area shall be part of the license granted under chapter 3.

(5)

No sound amplification equipment shall be located in, or directed into, the unenclosed service area or unenclosed seating area, unless prior approval of the city manager has been obtained per chapter 3.

(6)

The permitted occupancy of the unenclosed seating area shall be established by the seating plan that is reviewed and approved by the city fire marshal and building official. The permitted occupancy shall be part of the liquor licensing requirements under chapter 3.

(7)

The city council may modify the standards by granting a liquor license under the provisions of chapter 3.

(Code 2015, § 10.82(4); Ord. of 3-27-2006; Ord. of 11-26-2007)

Drive-through facilities shall conform to the following minimum standards:

(1)

The drive-through facility, including drive-through traffic lanes and parking areas for waiting automobiles, shall not be located in any required yard.

(2)

The drive-through facility shall provide three off-street parking spaces for waiting automobiles in each drive-through traffic lane. A parking space shall be a minimum of 19 feet by nine feet, and parking spaces may be provided in a tandem arrangement. If drive-through traffic lanes are not utilized, then parking spaces equal to three times the maximum number of customer automobiles that can be serviced at any one time shall be provided.

(3)

The drive-through facility, and accessory parking areas and drive-through traffic lanes, shall not obstruct or interfere with other traffic lanes or parking areas located on the zoning lot.

(4)

If the operation of the drive-through facility results in traffic hazards or congestion on public streets or alleys, the city council may order the modification or termination of the drive-through facility.

(Code 2015, § 10.82(5))

In addition to any other conditions or limitations required by this article, automobile service stations and car washes shall be subject to the following conditions and limitations:

(1)

No automobile service station or car wash building or structure, driveway surface, parking area, advertising device or other similar site improvement, except driveways traversing a public road or boulevard, shall be located within 100 feet of any part of a residential district site.

(2)

Each site shall have a minimum frontage of 100 feet.

(3)

Each site shall be permitted two points of ingress and egress for every 100 feet of frontage.

(4)

Pump islands shall be set back not less than 15 feet from any street right-of-way and 25 feet from any property line not abutting a street right-of-way.

(5)

Canopies covering pump islands shall not be locating in, or overhang, required yards.

(6)

Unenclosed parking of vehicles not being serviced or not owned by the station operator shall be limited to 12 hours.

(7)

Interior curbs of not less than six inches shall be constructed to separate driving surfaces from sidewalks, landscaped areas, and street traveled ways.

(8)

Interior drives, parking areas, and service stalls shall not be located in the required front yard.

(9)

Islands for sweeping and vacuuming equipment shall be set back not less than 15 feet from any street right-of-way and three feet from any property line not abutting a street right-of-way.

(10)

Three parking spaces for waiting vehicles shall be provided for each washing bay. A parking space shall be a minimum of 19 feet by nine feet and such parking spaces may be provided in tandem. If bays are not utilized, then parking spaces equal to three times the maximum number of automobiles that can be washed at any one time shall be provided.

(11)

The accessory sale of lubricating oil, grease, tires, batteries, automobile accessories or any other items related to the operation of motor vehicles shall be allowed. Accessory services shall be limited to include the washing of vehicles, sale and installation of tires, oil changing, lubrication services, or minor repair work and mechanical maintenance.

(12)

Automobile service stations shall not include the storage of nonoperable vehicles, services for large commercial trucks, major automobile repairs, automobile wrecking or automobile sales of any kind. No automobile service station may lease trucks, cars or trailers, operate automobile sales, or operate an automobile wash without obtaining a conditional use permit from the city council.

(Code 2015, § 10.82(6))

Where outside storage of materials, equipment, and product is permitted, or is conditionally permitted, in commercial or industrial zoning districts, such outside storage shall conform to the following provisions:

(1)

In commercial districts, outside storage areas shall be fenced and screened from any abutting property, residential district, and public street or way by fencing or screen planting of 90 percent opacity. Such fencing or screen planting shall be not less than eight feet in height.

(2)

In industrial districts, outside storage areas shall be screened from the public street and residential districts by screen fencing or plantings of 90 percent opacity.

(3)

Unenclosed storage areas shall not violate section 11-32 pertaining to the unenclosed storage or refuse and waste, unless a conditional use permit has been granted by the city council to allow a junkyard or automobile wrecking yard in the M-2 district.

(4)

Storage areas in all commercial districts shall be hard-surfaced with concrete or asphalt. Storage areas in the industrial districts may have a gravel surface, provided the storage area is used only to store heavy machinery and the access to the storage area is not less than 100 feet from a public right-of-way.

(5)

Storage areas shall not be located in transitional yards.

(6)

Seasonal unenclosed uses. The unenclosed sale and display of cut Christmas trees, wreathes, tree branches, pine cones, holly, and related plant items during the months of November and December, and the unenclosed sale and display of plants and garden supplies during the months of April, May, June, and July shall be permitted as an accessory use, provided that the sale and display is conducted in connection with the operation of an existing retail use in a B-1, B-2, or B-3 district, and that the area used for the unenclosed sale and display does not exceed 20 percent of the area of the parcel containing buildings or use more than 20 percent of the required parking area.

(7)

Outside display of products. The purpose of this section is to regulate outside display of products in order to avoid such negative impacts and to ensure the integrity and goals of the residential zoning districts. Standards for outside display of products are intended to ensure compatibility with other permitted uses and the character of the commercial zoning districts.

a.

No special permission required. When a use is deemed as an accessory use, as defined in this chapter, it means that the owner, lease, or other persons who have a legal right to the use of the properties located in B-1, B-2, or B-3 districts for commercial purposes also have the vested right to allow for outside display of product in conformance with this section, without securing special permission from the city. This shall not be construed to exempt owners, lessees, or other persons who have a legal right to the use of the commercial forum under other applicable regulations of this Code.

b.

Allowed in commercial zoning districts. Outside display of products are allowed as accessory uses where the principal use of the premises is a permitted or conditional use in the B-1, B-2, and B-3 districts. The accessory display on the commercial property shall conform to the following standards:

1.

The outside display of products shall be permitted as an accessory use, provided that the sale and display is limited to ten items normally produced or sold in the principal structure in a B-1, B-2, or B-3 district.

2.

Products are only displayed outside during posted business hours of the principal use. Products shall be stored inside during nonbusiness hours. Weather-resistant, bulk items are exempt from the hours of display provision provided a plan is approved by the zoning administrator and the items conform with the other sections of this article.

3.

Propane tanks: Twenty-pound propane tanks are permitted, provided the tanks are stored in a locked storage container, no more than one storage container per property and the storage container does not exceed 50 cubic feet, six feet in height, complies with all applicable fire and safety codes, and is located to allow at least three feet of clearance for pedestrian traffic and advertising is limited to one square foot.

4.

The product is displayed immediately adjacent to the front or corner side of the building, the product is not to be placed within a required front, side, corner side, or rear yard, and the product does not restrict fire access or handicap accessibility. The product or displays shall not be placed within a delineated parking area. An unoccupied area of not less than three feet in width shall be provided for pedestrian access between any outside display and vehicle overhang areas of any adjacent parking lot.

5.

The area used for the outside display of products does not exceed the length of the commercial tenant space or a maximum of 100 linear feet. Automobile dealers, other vehicle dealers and rental and leasing services, lumberyards and nurseries are exempt from the percent and length limitation.

6.

Tenants within multitenant buildings shall only display products immediately adjacent to the tenant storefront or a maximum of 100 linear feet.

7.

Product shall not be displayed on the roof of any building.

8.

Accessory adult use shall be prohibited from both internal and external advertising and signing of adult materials and products as per the standards of article X, division 3, of this chapter.

9.

No signage shall be allowed on the products displayed outside with the exception of one square foot signage for pricing of the products displayed.

(Code 2015, § 10.82(8); Ord. of 2-9-2004)

(a)

A conditional use permit shall be required where the excavation, grading, and filling of any land would result in the movement of earth and materials in excess of 25 cubic yards and would significantly change the existing ground contour and existing drainage, or cause flooding or erosion. A conditional use permit shall also be required for any excavation, grading, and filling of any land located in the environmentally sensitive areas as defined in section 10-1500.

(b)

The above requirement for a conditional use permit shall not apply to subdivisions or development projects for which an approved grading or drainage plan was submitted and approved as part of the required review process for subdivisions or planned unit developments.

(c)

The conditional use permit shall be administered through and subject to the requirements of the conditional use process pursuant to article XI, division 3, of this chapter. In addition to the requirements set forth in article XI, division 3, of this chapter, applications for a conditional use permit shall include the following:

(1)

A legal description of the land to be altered.

(2)

The nature of the proposed alteration and future use of the property.

(3)

The starting date and the completion date of the land alteration.

(4)

The names of all the owners of all the land to be altered.

(5)

The names and addresses of all owners and occupants of land adjoining the land to be altered.

(6)

A plan showing existing and proposed topography. The plan shall be to scale required in section 10-1812, and the plan shall include two-foot topographic contour intervals depicting existing and proposed topography. The plan shall be signed by a registered surveyor or engineer in the state.

(7)

A plan showing existing and proposed vegetation and ground cover.

(8)

A soil erosion and sedimentation control plan.

(Code 2015, § 10.82(9))

Lots located in an environmentally sensitive area, identified on the official city environmentally sensitive areas map as having a slope of 17.6 percent or greater shall conform to the following standards:

(1)

All structures and impervious surfaces shall be set back a minimum of ten feet from the bluff line of a ravine or hillside. Bluff line, for the purposes of this article, shall be defined as a line along the top or bottom of a slope connecting the points at which the slope becomes less than 17.6 percent. The city council may approve of the construction of streets, trails, sidewalks, and associated improvements within the required ten-foot setback and within an environmentally sensitive area. The following shall be standards for reviewing an encroachment:

a.

The impact is associated with the construction of an access or roadway that was previously approved by the governing body.

b.

The impact is associated with an access required as part of city standards or access management guidelines adopted in the Mankato Area Transportation and Planning Study.

c.

The impact is associated with a street extension or realignment as adopted in the Mankato Area Transportation and Planning Study.

d.

The impact is associated with the reconstruction or realignment of an existing roadway.

(2)

All cut, fill, and development activities on a slope equal to or in excess of 17.6 percent may be permitted only as a conditional use. In addition to the submittal requirements for a conditional use permit application, a plan shall be submitted at a scale required in section 10-1812, and the plan shall include two-foot topographic contour intervals depicting existing and proposed topography. The plan shall be signed by a registered surveyor or engineer in the state.

(3)

An approved public access is provided to the lot or development.

(Code 2015, § 10.82(10))

(a)

Purpose. This subsection is adopted to implement the Wetland Conservation Act of 1991 and the accompanying rules of the board of water and soil resources (Minn. R. ch. 8420).

(b)

Incorporated by reference. This subsection incorporates by reference the Wetland Conservation Act of 1991 and Minn. R. ch. 8420. Terms used in this article which are defined in the act or the rules have the meanings given here.

(c)

Scope. This article regulates the draining and filling of wetlands and parts of wetlands within the city. Conflicts with other official controls must be resolved in favor of providing the most wetland protection.

(d)

Procedures.

(1)

Exemption and no loss determinations. Under Minn. R. pts. 8420.0210 and 8420.0220, exemption and no-loss determinations shall be made by the zoning administrator. The property owner is responsible for submitting sufficient proof in order for the determination to be made by the zoning administrator. The zoning administrator may seek the advice of the technical evaluation panel on questions of wetland delineation and type. The decision of the zoning administrator is final unless it is appealed to the board of adjustments and appeals within 30 days of the decision.

(2)

Sequencing and replacement plan decisions. Sequencing and replacement plan decisions under Minn. R. pts. 8420.0520 through 8420.0550 shall be treated as a conditional use and shall follow the procedures of article X, division 2, of this chapter. Additional notice and time requirements outlined in Minn. R. pt. 8420.0230 shall be followed. If the amount of wetland to be drained or filled is less than one-tenth of an acre, the sequencing determination shall be made by the zoning administrator.

(3)

Monitoring. The zoning administrator shall ensure that the replacement plan monitoring and enforcement requirements of Minn. R. pts. 8420.0600 through 8420.0630 are fulfilled.

(4)

Wetland banking. Wetlands may be restored or created within the city for the purposes of deposit in the Wetland Bank in accordance with Minn. R. pts. 8420.0700 through 8420.0760. The zoning administrator is responsible for approving bank plans, certifying deposits, and monitoring banked wetlands and enforcement under the rules.

(5)

Appeals and variances. Decisions made under this article may be appealed to the board of water and soil resources under Minn. R. pt. 8420.0250 only after appeal to the board of adjustments and appeals. The board of adjustments and appeals may issue variances so long as the variances do not vary requirements of the act and rules.

(6)

Technical evaluation panel. The city engineer shall serve on the technical evaluation panel. When reviewing sequencing and replacement plans, the planning agency shall receive the recommendation of the technical evaluation panel regarding the sequencing and replacement plan decision.

(7)

Wetland area and type delineation. If required by the zoning administrator, a property owner seeking a no-loss and exemption determination shall be responsible for delineating the size and type of any wetlands located on their property. A property owner applying for a sequencing and replacement plan decision shall be responsible for delineating the size and type of any wetlands on their property. In addition, the property owner shall be responsible for retaining technical experts in the design of all replacement plans. All approved wetland delineations shall be done in accordance with the methodologies contained in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1989).

(e)

Setbacks. All structures and other impervious surfaces shall maintain a 16.5-foot setback from the boundary of a wetland. The setback area shall be maintained with naturally occurring vegetation.

(Code 2015, § 10.82(11))

(a)

Findings and purpose.

(1)

It is the finding of the city council that woodlands within the city, as defined by this section, constitute critical environmental resources for health, safety, and general welfare of the citizens of the city through, respectively:

a.

The absorption of air pollutants;

b.

The screening and reduction of noise, wind, heat, and visual clutter;

c.

The filtering and redirection of precipitation to the saturated zone for use as potable water supply;

d.

The reduction of wind and water erosion of soils, stabilization of slopes, and reduction of flood effects;

e.

The maintenance of the general aesthetic and historic value of the city;

f.

Provision of areas for natural recreation and education; and

g.

Provision of unique and essential habitat for plant and animal residents of the city.

(2)

The city additionally finds that the protection of environmental resources is a recognized matter of concern of the citizens of the state, as provided in M.S.A. § 116D.01 et seq.

(3)

Therefore, the purpose of this section is to promote the health, safety, and general welfare of the citizens of the city through the protection of woodland environmental resources contained in properties where development or alteration of the property might damage or remove all or part of the woodland.

(4)

It is the further intention of the city that this section shall function as an integral portion of the natural resource preservation ordinances of the city and shall complement other city ordinances relating to the preservation and management of environmentally sensitive areas.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

City forester means the city official designated as city forester.

Conservation easement has the meaning assigned under M.S.A. § 84C.01.

Crown has the meaning assigned in the Forest Ecosystem Management Assessment Team report, "Forest Ecosystem Management" (1993); the upper part of a tree or other woody plant that carries the main system of branches and the foliage.

Drip line means an imaginary vertical line that extends downward from the outermost crown edge of a fully leafed tree to the ground.

Invasive plants means invasive terrestrial or aquatic plants designated by the state department of natural resources as listed in the publication "Minnesota Invasive Non-Native Terrestrial Plants," as published in 2003 and as amended.

Noxious weeds means plants designated by the state department of agriculture as noxious weeds as listed in Minn. R. 1505.0730 through 1505.0732.

Tree has the meaning assigned in U.S. Forest Service Resource Bulletin NC-158, "Minnesota Forest Statistics, 1990, revised" (1995); a woody plant usually having on or more perennial stems, a more or less definitely formed crown of foliage, and a height of at least 12 feet at maturity.

Woodland means a group of trees with a continuous, overlapping canopy and an average crown height of 15 feet or greater whose combined crowns, when fully leafed, cover a minimum of 80 of an area of one acre of more, and which is composed of a related canopy, understory, and ground vegetation.

(1)

Portions of a woodland separated from the remainder by any act occurring after the date of implementation of this section shall continue to be considered a contiguous group of trees with the remainder unless determined to be no longer a woodland by the city forester.

(2)

Woodland does not include a group of trees which would otherwise meet this definition but which is determined by the city forester to be degraded and not ecologically viable due to the existence or growth of invasive plants or noxious weeds.

Woodland area means the ground area contained within the drip lines of all trees contained in a woodland.

(1)

Upon request of either the landowner or city, for the purpose of determining the woodland area of any specific woodland, the city forester may designate an official drip line inside the as-found drip line of that woodland on a subject property if the city forester finds that the edge of the woodland is degraded due to the existence or growth of invasive plants or noxious weeds.

(2)

Upon request of the landowner, for the purpose of determining the woodland area of any specific woodland, the city forester may designate an official drip line outside the as-found drip lien of that woodland on a subject property if the city forester finds that the edge of the woodland is enhanced due to the existence or growth of ground vegetation or understory related to the woodland.

(c)

Exemptions. The following activities are not subject to the further limitations of this section:

(1)

Removal of trees or other vegetation from woodlands or portions of woodlands contained on any private property subject to the environmental review process of division 10 of this article where the activity for which the applicant is submitted will not materially affect the woodland contained on the property.

(2)

Removal of trees or other vegetation from woodlands where such action is necessary to protect public health, protect property from damage, or to restore public order.

(3)

Removal of dead, damaged, diseased, or infested trees or vegetation from woodlands where such action is determined to be reasonably necessary by the city forester or by the property owner, subject to the approval of the city forester or by the property owner, subject to the approval of the city forester, to protect the health of the woodland or surrounding trees, or where such trees or vegetation are public nuisances under section 11-112.

(4)

Removal of trees or vegetation from woodlands as necessary for the provision of public utilities, provided such removal is the least damaging reasoned alternative and is accomplished in the reasonably least damaging manner.

(5)

Removal of trees or vegetation from woodlands established and maintained for the purpose of nursery stock growing and licensed by the state department of agriculture.

(6)

Removal of trees or vegetation from woodlands conducted in accordance with a woodland stewardship plan or forest stewardship plan approved by the state department of natural resources.

(7)

Removal of trees or vegetation from woodlands when such trees or vegetation are noxious or are invasive plants.

(8)

Any actions on a property subject to subsection (d)(2) of this section for which the applicant has completed the required woodlands examination, where no woodlands subject to this section were found, and for which the city has reviewed and accepted the examination summary.

(9)

Any action by the city for the provision of streets, trails, sidewalks, or other essential public improvements if the action has been determined by the city council to be critical to the safety or general welfare of the citizens of the city and no other reasonable alternative is determined.

(10)

Activities on lots that were previously approved by the city council for which a tree clearing or tree preservation plan was part of the approval, provided the activities conform to the approved plan.

(11)

Activities on existing vacant commercial or industrially zoned lots within the city provided the lots were recorded as part of a subdivision and zoned commercial or industrial prior to the adoption of the ordinance from which this section is derived.

(d)

Applicability.

(1)

The provisions of this section shall apply to any woodlands contained wholly or partly within any city property or wholly or partly within any private property subject to the environmental review process of division 10 of this article. and not exempted above.

(2)

The provisions of this section shall also apply to any woodlands contained wholly or partly within any private property for which an otherwise subject application under division 10 of this article. has been submitted to the city but which is not located within a previously designated sensitive area. The applicant for any such property shall examine the property to determine the presence on the property of any woodlands or portions of woodlands as defined in this section and shall submit a written summary of the examination with and at the time of application.

(3)

The provisions of this section shall also apply to any act or combination of acts of land clearing or tree removal not exempted above, wherein such clearing or removal is planned to or may reasonably result in removal of:

a.

Greater than 25 percent of the woodland area in existence at the date of implementation of this section or the date of latest subject area, whichever contains a greater area, of any woodland.

b.

Any portion of a woodland located on a hillside or ravine slope of 17.6 percent or greater or within ten feet of the bluff line as defined under section 10-1499. Tree removal from a hillside or ravine slope, or within ten of the bluff line, shall be limited to exempted activities listed in subsections (c)(2), (3), (6), and (7) of this section, upon review and approval by the city forester; and exempted activities listed under subsections (c)(4) and (9) of this section subject to the environmental review process of division 10 of this article.

c.

Any portion of a woodland located in a wetland as defined under M.S.A. § 103G.005, subd. 19 as amended, and Minn. R 8420.0110, subpt. 52, incorporated by reference under section 10-1500.

(4)

Any act or combination of acts meeting subsection (d)(3) of this section shall be deemed a substantial land alteration and subject to the permit requirements of section 10-1498 and the environmental review process of division 10 of this article.

(5)

Where the provisions of this section may conflict with other city ordinances, the city forester shall review the conflict in company with the director of any other city department responsible for applying the conflicted section and shall recommend to the city council which provisions shall prevail.

a.

Where the provisions of this section may conflict with the weed elimination provisions of section 14-157, this section shall prevail for any portion of a property within a woodland area.

b.

Where the provisions of this section may conflict with the tree disease control requirements of chapter 11, article II, division 4 and the trimming and corner clearance requirements of section 14-154, this section shall not prevail.

(e)

Requirements.

(1)

No application for any action subject to subsections (d)(1), (2), or (3) of this section shall be approved by the city until the applicant has demonstrated compliance with subsection (e)(2) through (5) of this section.

(2)

In addition to the submittal requirements specified elsewhere, the applicant for any action subject to this section and not exempt under subsection (c)(7) of this section shall prepare and submit a plan at a scale required in section 10-1812 showing the location and extent of all woodlands or portions of woodlands on the property and the impact of the applied-for action on the woodlands. An application containing multiple alternative actions shall be accompanied by an appropriate plan for each alternative.

(3)

Upon application for a subject action, the applicant shall specify in the application show the subject action will be completed such that:

a.

If the property contains an existing principal or main building, as defined in section 10-2, on the effective date of the ordinance from which this section is derived, not less than 60 percent of the woodland area contained within the subject property, in existence on the effective date of the ordinance from which this section is derived or the date of application, whichever contains a greater area, will be maintained in a natural state, to include the understory and ground vegetation.

b.

If the property is vacant or is to be subdivided or resubdivided for the purpose of development, not less than 70 percent of the woodland area contained within the subject property in existence on the effective date of the ordinance from which this section is derived, or the date of application, whichever contains a greater area, will be maintained in a natural state, to include the understory and ground vegetation. Refer to subsections (c)(10) and (11) of this section for exemptions.

c.

As part of the review and approval of proposals described in subsections (e)(3)a and b of this section, each mature tree removed from the woodland on the property, which removal is not exempted by subsection (c) of this section, shall be replaced at a minimum 2:1 ratio with a seedling or sprouting of at least two inch caliper diameter of the same species or other desirable species designated or approved by the city forester. Seedling or sprouting trees shall conform to ANSI Standard Z60.1-2004. Replacement may be on the subject property, other private property within the city or, if approved by the city forester, on city property. Any trees planted on the subject or other private property under this requirement shall be protected under the provisions of subsection (f)(5) of this section.

d.

Reasonable efforts are made by all property owners to ensure that maintained woodland areas are contiguous with portions of the woodland outside of the subject property.

(f)

City forester review. The city forester shall review each application within the time limits otherwise allotted to the city for the application under all other controlling provisions of this Code and state or federal laws. The city forester may refer applications to the environmental committee under division 10 of this article or other appropriate city agency for additional consideration. The city forester shall submit a recommendation to the planning commission or other appropriate agency of the city as to whether the application complies with the requirements of this section. In determining the application's compliance with this section, the city shall consider:

(1)

The degree of compliance with subsection (e)(3)a, b, or c of this section; and

(2)

The extent to which the applied-for action may be achieved with a minimum of woodland area clearing; and

(3)

The desirability of preserving any specific portion of the subject woodland or woodlands due to its unique size, age, identity, or history; and

(4)

The extent to which the woodland area to be cleared will be subject to additional environmental degradation as a result of the clearing, including erosion, stormwater runoff, and altered use; and

(5)

The presence, proximity, and characteristics of any woodlands surrounding the application property and the effect of all subject clearing will produce on the aesthetic characteristics of the local area of the property and the health of the surrounding woodlands; and

(6)

The likelihood, if any, that any portion of the subject woodland or woodlands will be subject in the reasonable future to the exemptions of subsection (c) of this section.

(g)

Methods. The applicant may utilize any one or combination of the following methods to meet the requirements of subsection (e)(3)a or b of this section:

(1)

Dedication of a conservation easement to the city encompassing all or portions of the woodland area. The conservation easement must specify the limitations on use of the woodland area applicable to the landowner, the access rights of the city to the easement, and any adjunct uses, including, but not limited to, recreational trails, specified for the conservation easement. This subsection shall not require the city to accept any easement which the city reasonably determines is detrimental to the health, safety, or general welfare of its citizens or the purpose of this section.

(2)

Declaration and application of an enforceable deed covenant restricting the clearing and incompatible use of all or portions of the woodland area. The covenant must specify the limitations of use of the woodland area applicable to the landowner and create a responsible body for enforcement of the covenant if the property is to have multiple landowners. The covenant must specify a mechanism to ensure that the woodlands are protected from removal or damage irrespective of any agreed upon changes to the covenant by the responsible body or the landowners. This subsection shall not require the city to accept any covenant which the city reasonably determines is detrimental to the health, safety, or general welfare of its citizens or the purpose of this section.

(3)

Retained possession through plat of all or portions of the woodland area by the applicant that such portions of the woodland area are not cleared or damaged. The applicant, as landowner, shall be responsible that the woodlands on the retained property are not cleared or otherwise damaged in trespass by the adjacent landowners.

(4)

Sale or deed to the city of all or portions of the woodland area for protection as undeveloped or semi-developed recreational or conversation lands. This subsection shall not require the city to purchase or accept without compensation any lands.

(5)

Any other action which the applicant can demonstrate to the city will reasonably protect the subject woodland areas in perpetuity and not subject the city to additional management burden or cost.

(h)

Implementation.

(1)

The applicant must ensure that the requirements of this section are complied with throughout any construction process and during any subsequent or simultaneous sale of the property or portions of the property. The applicant must ensure at least that:

a.

All employees, contractors, and visitors to the subject property that may, through deliberate or inadvertent act remove or damage any portion of a subject woodland, receive documented instruction in the location of the subject woodland areas and the management practices the applicant has emplaced to protect those woodland areas; and

b.

All subject woodland areas are clearly and securely marked prior to and throughout all construction with continuous fending of at least 48-inch height of sufficient strength and stability to remain vertical in all reasonable weather conditions; and

c.

Any construction traffic, to include daily foot traffic and all vehicle traffic, through any subject woodland area is restricted to area provided with a minimum layer of 12 inches of wood chips or other cushioning material surfaced with plywood, chain link mesh, or other pressure-distributing surface.

d.

All prospective and actual purchasers of any portion of the subject property received documented instruction in the location of the subject woodland areas, the management practices the applicant has emplaced to protect those woodland areas, and the provisions of this section.

(2)

The city forester or any other staff designated by the city may enter the application property at any reasonable time to ensure the property's compliance with this section.

(3)

Violation of any of the requirements of this section shall be cause for the rescission of any permit or approval issued by the city to the applicant under this section until such time as the city forester determines that the violation has been corrected.

(4)

The city may require the applicant or responsible party to remediate any damage to subject woodland areas or failure to complete any of the affirmative requirements of this section caused by deliberate or inadvertent violation of any of the requirements of this section. The city may require any such remediation or action, whether by the applicant or any other party, to be completed under the direction and to the approval of the city forester. In lieu of such remediation or action, the city may assess the applicant or responsible party reasonably estimated or actual costs for such remediation or action and perform the remediation or action itself or through contract.

(5)

The applicant or any other responsible party shall have the right to appeal any denial or negative action required by the city under this section to the city council and to the appropriate legal venue.

(6)

In addition to the above, the enforcement provisions of section 10-2005 shall apply fully to this section.

(Code 2015, § 10.82(12))

Water retention areas or devices may be required for any new development projects creating new impervious surfaces of one acre or greater. The following activities are exempt from this section:

(1)

Where the development project is a linear project, such as sidewalks, paths, or trails, or is reconstruction, repair, reconditioning, or resurfacing of existing roads or impervious surfaces.

(2)

Where the plans for a project development site were approved by a local unit of government by a permit or in a preliminary or final plat approval process prior to August 25, 1993.

(Code 2015, § 10.82(13))

(a)

With the review and approval of the city's building official, fire marshal, and zoning administrator, aboveground storage of new and used crank case oil in tanks of up to 500 gallons is permitted in the CBD-C, CBD-F, B-1, B-2, B-3, PI, M-1, M-2, and airport zoning districts.

(b)

With the review and approval of the city's building official, fire marshal and zoning administrator, aboveground storage of used flammable and combustible liquids (paint thinners, solvents, etc.) in tanks of up to 250 gallons is permitted in the M-1, M-2, and airport zoning districts.

(c)

With the review and approval of the city's building official, fire marshal, and zoning administrator, aboveground standby fuel storage in tanks of up to 1,000 gallons is permitted in the CBD-C, CBD-F, B-1, B-2, B-3, PI, M-1, M-2, and airport zoning districts.

(d)

Aboveground standby fuel storage in tanks exceeding 1,000 gallons may be allowed by conditional use permit in the CBD-C, CBD-F, B-1, B-2, B-3, PI, M-1, M-2, and airport zoning districts.

(e)

Aboveground standby fuel storage in tanks of up to 1,000 gallons may be allowed by conditional use permit for institutional uses (hospitals, colleges, nursing homes, state department of transportation offices, churches, etc.) in the R-1, R-2, R-3, R-4, and OR zoning district.

(f)

With the review and approval of the city's building official, fire marshal, and zoning administrator, dispensing of flammable and combustible liquids from one aboveground tank of up to 560 gallon capacity of Class I liquids (gasoline); and up to two tanks of not more than 1,000 gallon capacity per tank of Class II or Class III liquids (diesel fuel) is permitted in the CBD-C, CBD-F, B-1, B-2, B-3, PI, M-1, M-2, and airport zoning districts and for institutional uses in the R-1, R-2, R-3, R-4, and OR zoning districts.

(g)

Commercial dispensing of flammable and combustible liquids from not more than three aboveground tanks of up to 6,000-gallon capacity per tank for Class I fuels (gasoline); and not more than three 10,000 gallon capacity per tank for Class II fuels (diesel) may be allowed by conditional use permit.

(h)

Private dispensing of flammable and combustible liquids from aboveground tanks of up to 6,000 gallons per tank, with not more than three tanks may be allowed by conditional use permit in the CBD-C, CBD-F, B-1, B-2, B-3, and PI zoning districts.

(i)

With the review and approval of the city's building official, fire marshal, and zoning administrator, private dispensing of flammable and combustible liquids from aboveground tanks of up to 6,000 gallons per tank, with not more than three tanks is permitted in the M-1, M-2, and airport zoning district.

(j)

All tanks used for aboveground storage or dispensing of flammable and combustible liquids must be self-contained and self-diking or properly diked and installed as specified by the building official and fire marshal.

(k)

With the review and approval of the building official and fire marshal, temporary aboveground storage or dispensing of flammable and combustible liquid tanks associated with a construction or reconstruction project is permitted.

(l)

With the review and approval of the building official, fire marshal, and zoning administrator, outside storage of up to 60-gallon containers with not more than three containers is permitted in the M-1, M-2, and airport zoning districts.

(Code 2015, § 10.82(14))

This section addresses those essential utility structures and facilities which cannot be located in an existing utility easement because of size and design. The structure must not be designed or intended to be occupied other than for general maintenance or service.

(1)

A parcel exclusively used for an essential service utility structure and facility is exempt from the minimum area and width requirements of this article. In no case shall the creation of a parcel result in another parcel which is substandard according to the provisions of this article. All parcels shall have direct access to a dedicated right-of-way.

(2)

Front, rear, and side yard building setbacks.

a.

Except as noted below, a parcel used for essential service utility structures and facilities shall have a front yard building setback as required by the zoning district in which the parcel is located.

b.

In the PI, M-1, and M-2 districts, a parcel used for essential service utility structures and facilities shall have a front yard building setback of 25 feet measured from the curb. In no case shall the front yard building setback be less than 15 feet from the property line.

c.

In all districts, a parcel used for essential service utility structures and facilities shall provide a side yard building setback of not less than six feet and a rear yard building setback of not less than six feet.

(3)

An essential service utility structure and facility located in a residential district shall be screened from adjacent residential uses.

(4)

An essential service utility structure or facility shall conform to the height provisions of the underlying zoning district.

(5)

All parking areas and drives shall be hard surfaced and conform to the standards set forth in this article. Parking areas shall only be used for the temporary parking of maintenance and utility vehicles. Parking is permitted in the required front yard building setback. Fifty percent of the front yard area must be reserved for landscaping, exclusive of parking.

(6)

Any reuse of the parcel other than for an essential service utility structure and facility shall conform to the provisions of this article.

(Code 2015, § 10.82(15))

The following special requirements shall apply to recyclable material collection conducted in the B-1, B-2, and B-3 zoning districts:

(1)

The use shall be accessory to an existing use.

(2)

The collection area shall be fenced and screened from any abutting development and public street or way by ornamental fencing or screen planting of 80 percent opacity. Such ornamental fencing or screen planting shall be not less than eight feet in height.

(3)

Collection activity equipment shall consist of no more than one vehicle to haul the collected material and a scale to weigh the collected material. However, in cases of aluminum collection, a metal separator and compactor may be used, provided such equipment is totally contained within the collection vehicle. No shredding of material shall occur at the collection site. The only piece of equipment that may be located outside of a vehicle is the aforementioned scale.

(4)

Location of the collection area on the site shall not impede access to the site, hinder normal vehicular flow or use excessive parking spaces dedicated to customer parking. The collection area shall not be within 200 feet of an adjacent commercial or principal use building or 300 feet of a residential dwelling.

(5)

All garbage and debris must be cleaned daily from the recyclable material collection area.

(6)

The collection activity equipment shall be kept in a neat and clean manner and any sign promoting the recycling activity shall be part of the collection area.

(Code 2015, § 10.82(16))

(a)

This section addresses performance standards for target or testing ranges at which firearms are discharged. Indoor firing ranges are listed as conditional uses in the B-2 and B-3 districts, and are listed as permitted uses in the PI, M-1, and M-2 districts. Outdoor firing ranges may be allowed as a conditional use in the M-2 district. The use of property for an indoor firing range shall conform to the following standards:

(1)

The firing range shall not be located on any zoning lot which is adjacent to a residential district.

(2)

The use, occupancy, and construction of the building shall conform to the state building code.

(3)

The use shall conform with the applicable state pollution control agency, environmental protection agency, and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment, and outside noise standards.

(4)

The design and construction of the firing range shall totally confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered engineer in the state. The certified plans shall include the specifications and construction of the bullet traps, ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine.

(5)

No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range.

(6)

A written log of range users shall be maintained by the range operator. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the user shall be verified by photo identification.

(7)

An alarm system, cut wire protected, shall be supplied to provide security for the general premises.

(8)

Firearms which are stored on the premises shall be stored in a vault when the range is closed for business. An alarm system, independent of the general alarm system and cut wire protected, shall be supplied for the firearm vault.

(9)

Ammunition shall not be stored in the firearm vault.

(10)

On site supervision shall be supplied at all times by an adult with credentials as qualified range master.

(11)

An outside security plan for the general grounds shall be submitted to the city manager or designee for review and approval.

(12)

The transport of firearms on the premises shall conform to state law.

(13)

Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor.

(14)

The council reserves the authority to review or modify the performance standards for the range.

(b)

The use of property for an outdoor firing range shall conform to the following:

(1)

Outdoor firing ranges may only be operated by a public agency or governmental unit for the purpose of training law enforcement or federal or state military personnel.

(2)

Only firearms shall be discharged at the range. No cannons, artillery, or rockets shall be discharged.

(3)

The range shall be designed to baffle noise and provide protection from accidental or stray ammunition discharge for surrounding properties.

(4)

The property shall be enclosed by a security fence at least six feet in height.

(5)

The use shall comply with the outside noise standards and lead management requirements of the state pollution control agency.

(6)

The operation of the range shall be limited to the hours of 7:00 a.m. to 10:00 p.m.

(Code 2015, § 10.82(17))

(a)

Purpose. Regulation of the extraction of minerals and materials is intended for continued use of available resources in the city while providing for reclamation of land disturbed by mining to encourage productive use of the land, including, but not limited to, the planting of forests, natural grasses or; the enhancement of natural wildlife and aquatic habitats; the establishment of recreational, residential or industrial sites; the conservation, development and management of natural resources and maintenance or improvement of the tax base of the city while protecting the health, safety and general welfare of the city. Excavations for the purposes of residential, commercial or industrial development and land alterations listed in article X, division 2, of this chapter shall be exempt from the provisions of this section.

(b)

Conditional uses.

(1)

No person, firm or corporation shall hereafter engage in the mining or processing of sand, gravel, limestone or other minerals on any land within the city without first obtaining a conditional use permit as regulated in article XI, division 3, of this chapter.

(2)

Conditional use permit. In addition to the conditional use permit application, the following information shall be provided:

a.

A description of the proposed alterations and future use of the property.

b.

The beginning and ending dates of proposed land alteration.

c.

Plans showing existing and proposed topography, at two-foot contours. The plan shall be signed by a registered surveyor or engineer in the state.

d.

Plans showing existing and proposed vegetation and ground cover.

e.

A soil erosion and sedimentation control plan.

f.

A reclamation plan as regulated in this section.

(c)

Reclamation plan.

(1)

A reclamation plan shall be prepared for the planned after-use of affected areas, describing the nature and extent of reclamation activity. A detailed map at a scale of one-inch equals 100 feet or less shall be included showing future land uses, vegetation and proposed contours. A written statement shall be included containing an explanation of proposed depth of topsoil, type of fill and a timeline for reclamation activities.

(2)

Proposed grading, back-fill areas of banks shall be covered with sufficient topsoil to provide for vegetation. When back sloping is proposed, the rate of slope shall be not less than three feet horizontal to one foot vertical. Proposed banks shall be seeded, except where such bank provides a sand beach area to a proposed recreational lake.

(3)

In the event that the operator finds characteristics of the mining area differing from that previously determined, changes may be made to the original reclamation plan by mutual consent of the operator and the city council.

(4)

Any mining operation legally commenced prior to the enactment of this article without an approved reclamation plan shall submit a reclamation plan to the city council for review and approval within five years of the date of the enactment of this article.

(5)

Clearing of the mining site shall conform to the development and reclamation plan. Existing vegetation shall remain in a natural state whenever possible.

(6)

Upon replacement of the topsoil, trees, shrubs, grasses or other ground cover shall be planted upon the areas to prevent erosion, in accordance with the approved reclamation plan.

(d)

Operational standards. Each person, firm or corporation to whom a conditional use permit for mining operations is issued may engage in mining upon lands as described in the license. Mining operations shall be conducted in compliance with applicable county, state and federal laws and subject to the following regulations:

(1)

Hours of operation.

a.

The general operation of the mining may be conducted between the hours of 6:00 a.m. and 7:00 p.m., Monday through Saturday. The excavation, drilling, hauling, sawing and other physical activities of the quarry cannot proceed until one hour after the initial start time.

b.

The hours of operation may be adjusted by the city council as part of the conditional use permit.

(2)

Screening and berming.

a.

Adequate screening through the use of plantings, fencing or berms shall be provided adjacent to all public roadways and adjacent properties, sufficient to screen the operation from view. Screening adjacent to residential properties shall completely screen the operation from view eight feet above grade level.

b.

Existing vegetation shall be preserved, maintained and supplemented as required for the depth of the setback as required in this section. Berming and screening may be located within the required setback.

(3)

Stormwater runoff. The necessary stormwater discharge permits shall be obtained.

(4)

Access management.

a.

All access points to the mining operation shall be subject to approval by the city.

b.

All access points shall be located to avoid the routing of vehicles over primarily residential streets. Materials deposited onto public roadways shall be removed as per chapter 8, article II.

c.

All access points abutting a public right-of-way shall be hard surfaced with asphalt or concrete a minimum distance of 100 feet from the actual public roadway.

(5)

Air quality.

a.

The necessary air emissions permits shall be obtained from the state pollution control agency.

b.

Haul roads within the mine shall be sprayed with dust suppressants as recommended by the state pollution control agency, as needed, to control fugitive dust.

c.

Dust and noise producing loading or processing shall be conducted no closer to the property line than the required setback as denoted in section 10-1495.

(6)

Noise control. Noise levels shall not exceed state pollution control agency noise pollution control rules, Minn. R. ch. 7030 for residential areas.

(7)

Blasting.

a.

All blasting shall be conducted by licensed blasting personnel and shall comply with all rules and regulations as outlined by the city, unless modified herein.

b.

A blasting permit shall be required as per chapter 8, article II.

c.

Blasting may be conducted between the hours of 9:00 a.m. to 3:30 p.m., Monday through Friday. In situations of failed blasts due to malfunction or weather, allowance shall be made to permit the blast outside the time limitations; however, blasting shall not take place later than permitted operational hours Monday through Friday.

d.

A blasting program shall be submitted and provide all the necessary data to ensure compliance with applicable standards in conformance with exhibit A to the ordinance from which this division is derived, while also providing usable data to help predict future blast effects on all homes in the area. Data to be collected shall include, but not be limited to, waveform analysis, peak particle velocities (PPV), frequencies and developing frequency spectrums. Data gathered for each blasting event shall be witnessed, reviewed, analyzed for compliance parameters and signed by a licensed blaster. If upon such review, the data indicates a violation, then corrective actions shall be taken, such as reducing blasting charge/delay or other measures as deemed necessary to ensure compliance. Detailed blasting records shall be kept by mining operators. These records are to locate where each blast is taking place, delay pattern, and the identification, direction and distance to the closest non owned or permitted structure. Topographic maps shall be used to locate blasts and structures.

(e)

Setback requirements. Mining operations shall conform to setback requirements listed herein:

(1)

Not less than 100 feet from property located in zoning district where such operations are not permitted.

(2)

Not less than 200 feet from any residentially zoned property.

(3)

Not less than 50 feet from any adjoining property without the written consent of the owner of such property.

(4)

Not less than 100 feet from any public right-of-way.

(5)

Not less than 100 feet from the ordinary high water level of any public water.

(6)

No mining shall take place within platted city rights-of-way without a license to encroach from the city council.

(7)

Not less than ten feet from environmentally sensitive areas.

(f)

Bond requirements. A performance bond or other financial security in the amount of ten percent of the total cost of a completed reclamation plan shall be secured from the property owner or mining operator along with a waiver of assessment for the city to undertake work should the property owner or mining operator fail to do so. If and when rehabilitation of land in accordance with the reclamation plan is certified by the city council, the bond shall be returned.

(g)

Exceptions. Any mining operation commenced prior to the enactment of this article shall be allowed to continue under the preexisting operating parameters if valid documentation is provided to the city that the operation is legally allowed. Valid documentation shall include, but not be limited to, aerial photographs, landownership documentation or prior documented city approvals. Expansions beyond the approved boundaries shall require a conditional use permit pursuant to section 10-1492. All mining operations shall be required to comply with the city's blasting standards as outlined in section 10-1494. Such operation shall submit a reclamation plan to the city council for review and approval as required in this section.

(h)

Compliance. Upon failure by the person, firm or corporation to whom a conditional use permit for mining operations is issued, to fully comply with the provisions contained herein, notice shall be given to the permit holder setting forth those provisions of this section being violated, and the time and place of a hearing before the city council to consider such violation shall be set. Permits may be suspended or terminated based upon the findings of the city council at such hearing.

(Code 2015, § 10.82(18))

(a)

Declaration of public policy and purpose. The city hereby declares as a matter of public policy that the preservation, protection, perpetuation, and use of areas, places, buildings, structures, lands, districts, and other objects having a special historical, cultural, or aesthetic interest or value is a public necessity, and is required in the interest of public health, prosperity, safety, and welfare of the people of the city. The purposes of this section are to:

(1)

Safeguard the heritage of the city by preserving sites and structures that reflect elements of the city's cultural, social, economic, political, engineering, or architectural history;

(2)

Protect and enhance the city's attraction for residents, tourists, and visitors, and serve as a support and stimulus to business and industry;

(3)

Enhance the economic viability of heritage preservation landmarks and districts through the protection and promotion of their unique character;

(4)

Enhance the visual and aesthetic character, diversity, and interest of the city;

(5)

Foster civic pride in the beauty and notable accomplishments of the past; and

(6)

Promote the use and preservation of historic landmarks and districts for the educational and general welfare of the people of the city.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Heritage preservation district means a contiguous collection or group of lands, parcels, sites, structures, buildings, or objects that is determined to be historically, culturally, or architecturally significant as a whole and has been locally designated as a heritage preservation district pursuant to subsection (c)(1) of this section.

Heritage preservation guidelines means the established criteria by which any proposed changes, including architectural or site modifications, shall be judged.

Heritage preservation landmark means any individual property, parcel, place, building, structure, work of art, or other object that has been determined to be historically, culturally, or architecturally significant and has been locally designated as a heritage preservation landmark pursuant to subsection (c)(1) of this section.

National Register of Historic Places means the nation's official list of properties worthy of preservation designated by the federal department of the interior, national park service. Nominations to this list of properties within the state are made through the auspices of the state historic preservation officer, state historical society.

(c)

Powers and duties of the heritage preservation commission. The heritage preservation commission established pursuant to section 2-35 (hereinafter, commission) shall have the following powers and duties:

(1)

Designation of heritage preservation landmarks and districts.

a.

Report. Prior to recommending a site or district to the city council for designation, amending a designated site or district, or nominating a site or district to the National Register of Historic Places, an investigation and report on the historical, cultural, and architectural significance of the buildings, structures, sites, or objects proposed for designation shall be made. Such report shall also attempt to determine the economic status of the property or properties by providing such information as assessed value, recent real estate transactions, and other appropriate data. The commission may conduct this investigation and prepare the report or may require a person seeking such designation to conduct the investigation and prepare the report.

b.

Criteria for designation. The commission shall recommend the designation of heritage preservation landmarks and districts only when the property is found to meet one or more of the following criteria:

1.

It has character, interest, or value as part of the development, heritage or cultural characteristics of the city, county, state, and country.

2.

Its location was a site of significant historical event.

3.

It is identified with a person or persons who significantly contributed to the culture or development of the city, state, and country.

4.

It embodies a distinguishing characteristic of an architectural or construction type.

5.

It is identified as the work of an architect or master builder whose individual work has influenced the development of the city or state.

6.

It embodies elements of architectural design, detail, materials, or craftsmanship that represent significant architectural innovation.

7.

Its unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood, community, or the city as a whole.

c.

Planning commission review. The commission shall receive the comments of the planning commission regarding any proposed heritage preservation landmark or district prior to forwarding its recommendation to the city council. In its review and recommendation, the planning commission shall consider any such designation's potential effects on the surrounding neighborhood, economics, environment, and other planning considerations. The comments shall become part of the official record and be submitted as part of the commission's report to the city council.

d.

Communication with the state historical society. A copy of the commission's report on any proposed designation for a heritage preservation landmark or district, including boundaries, shall be sent to the state historic preservation officer for review and comment in accordance with M.S.A. § 471.193, subd. 6, including any amendments thereto. Any comments made by the state historic preservation officer regarding a proposed designation must be received and forwarded to the city council prior to final designation.

e.

Heritage preservation commission hearings. Prior to the commission recommending to the city council the designation of any heritage preservation landmark or district, the commission shall hold a public hearing and seek the recommendation of all concerned citizens. Prior to such hearing, the commission shall cause to be published in the official newspaper of the city notice of the hearing at least ten days prior to the date of the hearing and notice of the hearing shall be sent to all owners listed on the current county records of property proposed to be designated a heritage preservation landmark or district.

f.

Communication with city council. If the commission recommends to the city council that a landmark or district be designated for heritage preservation, the commission shall transmit to the city council a complete report on the recommended heritage preservation landmark or district. Such communication shall include the initial investigation report, comments made by the planning commission, required comments by the state historic preservation office and the proposed heritage preservation guidelines.

g.

City council designation. The city council may by ordinance designate a heritage preservation landmark or district. Prior to such designation, the city council shall hold a public hearing, notice of which shall be published in the official newspaper of the city at least ten days prior to the day of the hearing, and the notice of the hearing shall be sent to owners of all property proposed to be designated as a heritage preservation landmark or district. As part of the hearing, the city council shall consider the testimony of the property owner of the proposed heritage preservation landmark or district.

(2)

Review of construction and demolition activity.

a.

Type of activity.

1.

Except as provided in subsection (c)(3) of this section, the commission shall review and approve or disapprove of construction and demolition activities, including all street and utility activities, within any heritage preservation landmark or district. In addition, the commission shall review and approve or disapprove the issuance of city permits to do any of the following in a heritage preservation landmark or district:

(i)

Remodel, repair, or alter in any manner that will change the exterior appearance, including the installation, modification or removal of exterior signage;

(ii)

New construction, including parking facilities;

(iii)

Move a building;

(iv)

Change the nature or appearance of a designated heritage preservation landmark, building or district, including permanent landscaping features;

(v)

Demolish any building, structure, or portion thereof.

2.

The performance of any of the foregoing activities without a permit issued in accordance with the requirements of this section, or the performance of any of the foregoing activities in a manner contrary to the conditions, restrictions, or limitations of a permit issued in accordance with the requirements of this section, shall constitute a violation of this section.

b.

Permit application and plans. Every application for any type of permit for exterior renovation in relation to a property designated as a heritage preservation landmark or district shall be accompanied by detailed plans or sketches for the proposed work to be done. A copy of the application and plans or sketches submitted therewith shall be immediately referred by the city's zoning administrator to the commission. The zoning administrator shall not issue permits in regard to an application until receiving written approval from the commission, subject, however, to subsections (c)(2)c, f, and g of this section.

c.

Commission review. The commission may, but is not required to, delegate to a subcommittee of the commission, or to a designated city official, its power to review and recommend approval or denial or permit applications, such recommendation to be based on the proposed action's compliance with the adopted heritage preservation guidelines. The commission shall review the permit application and such plans as were submitted therewith and the recommendation of its subcommittee or designated official if applicable and shall render its decision thereon as a written order to the zoning administrator. The zoning administrator shall not issue any approved permit until after the ten-day appeal period, as provided for in subsection (c)(2)e of this section. In the case of a denial of the requested permit, the commission shall furnish the applicant with a copy of any recommendations for changes necessary to be made before the commission will reconsider the permit application.

d.

Findings. All decisions of the commission with respect to construction and demolition activity shall be based on explicit findings which are in accordance with the adopted heritage preservation guidelines for each individual heritage preservation landmark or district and the secretary of the interior's standards of rehabilitation.

e.

Appeal to city council. The commission, in any written order denying a permit application, shall notify the applicant of the appeal procedures provided herein. The permit applicant or any party aggrieved by the decision of the commission shall, within ten days of the date of the commission's written order and decision, have a right to appeal such order and decision to the city council. Such appeal shall be addressed to the city council and submitted to the zoning administrator. Two copies of a notice of appeal and statement of reasons setting forth the grounds for the appeal shall be submitted by the appealing party. The zoning administrator shall transmit one copy of the notice of appeal and statement to the city council and one copy to the commission. The city council may modify or overrule the commission's decision, but only if the project is found to be consistent with the state Secretary of the Interior's recommended standards for preservation projects.

f.

Commission's failure to act on permit application. If, within 60 days of receipt of the permit application by the commission, it has neither approved nor denied the permit application, the applicant may request that such plans and permit application be reviewed by the city council, and if approved by the city council, and if all other requirements of the city have been met, the zoning administrator shall issue a permit for the proposed work.

g.

Emergency repair. In emergency situations where immediate repair is needed to protect the safety of the structure, a neighboring structure, or any persons, the zoning administrator may, without commission action, approve of only those items needed to ensure safety. In the case of a permit issued pursuant to this subsection, the zoning administrator shall require that such repairs be made in conformance with the federal Secretary of the Interior's recommended standards for historic preservation projects and adopted heritage preservation guidelines for the landmark or district to the extent possible. In addition, the zoning administrator shall immediately notify the commission of the action and specify the facts or conditions constituting the emergency situation.

h.

Building code enforcement. One purpose of this section is to encourage the sensitive rehabilitation, restoration, stabilization or preservation of historic buildings throughout the city. These rehabilitation and preservation efforts should provide for the upgrading and maintenance of the safety features of the building or structure to provide a practical level of safety to the public and surrounding properties. While ensuring this increased level of public safety, the commission shall be open to acceptable alternative solutions and alternative compliance concepts, where practical, that will permit the continued use of existing buildings and structures without creating overly restrictive financial burdens on owners or occupants. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure required by this Code.

i.

Priority of regulations. To the extent that this section or any ruling or requirement of the commission conflicts with any other provision of this Code or applicable state, federal, or local rules or regulations, including building and fire codes, the following shall apply:

1.

All state, federal, or local rules or regulations which relate to safety issues and the preservation or protection of life or property shall take priority over any conflicting provision in this section or ruling or requirement of the commission; and

2.

As to nonsafety-related regulations of this article, the same may be modified through the variance process set forth in this article.

(3)

Exception to requirement of commission review. If the zoning administrator determines that a permit application is for ordinary repair or maintenance, or for alteration, change, restoration, color, or removal of any exterior architectural feature that does not involve significant changes in the architectural or historic value, style, general design or appearance of the building or structure, the zoning administrator may, within seven days of receipt of the application, tentatively approve the application and forward a copy thereof to the chairperson of the commission, or to the vice-chairperson if the zoning administrator is aware that the chairperson is not available. The chairperson or vice-chairperson of the commission shall, within three business days, either approve the zoning administrator's decision or call for a meeting of the commission to consider the application. If such a meeting is called, the provisions of subsection (c)(2) of this section shall apply. If the chairperson or vice-chairperson approves the application or does not take any action within three business days, the application shall be deemed to be approved by the commission, and the zoning administrator may notify the applicant of the approval of the application. Approval of an application under this provision shall not affect the obligation to comply with the standards required by this section.

(4)

Additional powers and duties of the commission. The commission shall have the following powers and duties in addition to those otherwise specified in this section:

a.

The commission shall conduct a continuing survey of all areas, places, buildings, structures, or similar objects in the city which the commission, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as heritage preservation landmarks or districts.

b.

The commission shall work for the continuing education of the citizens of the city with respect to the historic and architectural heritage of the city. It shall keep current and public an official list of designated heritage preservation landmarks and districts.

c.

Upon prior approval by the city council, the commission may retain the services, on a permanent or part-time basis, of technical experts and other persons as may be required to perform the commission's duties.

d.

The commission shall have authority to solicit gifts and contributions to be made to the city, and to assist in the preparation of applications for grant funds to be made to the city for the purpose of heritage preservation.

e.

The commission may recommend to the city council, after review and comment by the city planning commission, that certain properties eligible for designation as heritage preservation landmarks or districts be acquired by gift, negotiation, or other legal means.

f.

Upon final designation of a heritage preservation landmark or district by the city council, the commission shall adopt heritage preservation guidelines specific to the landmark or district. Such guidelines shall detail allowable architectural or site modifications, essential features to be retained, and any other criteria by which future proposals for modifications shall be judged. These guidelines are intended to provide assurance to owners of properties within heritage preservation landmarks or districts that any permit review process will be based on clear and objective standards rather than the taste of individual commission members.

g.

The commission may nominate a heritage preservation landmark or district to the National Register of Historic Places, but only with the consent of the city council.

h.

The commission shall make an annual report to the state historic preservation officer by October 31 of each year.

(d)

Violations. An owner or occupant of any area, place, building, structure, or other object within a locally designated heritage preservation landmark or district, who violates any provision of this section, shall be guilty of a petty misdemeanor. Any person who assists in the commission of a violation of this section shall be guilty of a petty misdemeanor. Each day an owner or occupant of any area, place, building, structure, or object within a heritage preservation landmark or district allows any work to be performed on any area, place, building, structure or other object in violation of this section shall constitute a separate violation of this section and will be punishable as such. Any remodeling, repairing, altering, or construction activity of a heritage preservation landmark or district in violation of this section is hereby declared a nuisance. The imposition of the penalties herein prescribed shall not prevent the city from taking appropriate action or proceeding to prevent unlawful alteration of the building, district, or site in question. Such action may include restraining, correcting, and abating the violation.

(e)

Filing of documents.

(1)

The office of the zoning administrator shall keep at least one copy of all studies, reports, recommendations, decisions and heritage preservation guidelines developed by the commission and city council. In addition, the zoning administrator shall maintain an official list of all locally designated heritage preservation landmarks and districts and shall forward the same to the state historic preservation officer. The zoning administrator shall also maintain an up-to-date copy of the U.S. Secretary of the Interior's recommended standards for historic preservation projects.

(2)

The heritage preservation commission is designated as the repository for at least one copy of all plans and reports required under subsection (c) of this section. This information shall be available to the public for inspection during normal business hours.

(f)

Recording heritage preservation sites. The office of the zoning administrator shall record or file with the county recorder the legal description of all properties designated as heritage preservation landmarks or districts by the city.

(Code 2015, § 10.82(19))

Pursuant to the procedures set forth in section 10-1508, the following parcels are designated as heritage preservation landmarks or heritage preservation districts:

(1)

Heritage preservation landmarks:

a.

First Presbyterian Church, 220 East Hickory Street (lots 6 and 7, block 28, in the city).

b.

Stahl House, 301 North Riverfront Drive (lot 5, block 17, in the city).

c.

Kenney House/Tacy Kelly's House, 332 Center Street (part of lots 7 and 8, block 28, Warren's Third Addition).

d.

Maud Hart Lovelace House/Betsy Ray's House, 333 Center Street (lot 8, block 27, Warren's Third Addition).

e.

The Hubbard House, 606 South Broad Street (Warren's Addition-1884 Sanborn Maps-Warren Street Subdivision).

f.

The Blue Earth County Courthouse, 204 South 5th Street (East 80 feet of lot 8 and the South ten feet of lot 7, block 28, Warren's Third Addition Ward 4, Precinct 6).

g.

Eberhart House, 228 East Pleasant Street (lot 13, block 20, Warren's Second Addition).

h.

Highland Park, 950 Warren Street (block 1, Coy's Addition).

i.

Lincoln Park, 200 Lincoln Street (To wit fractional block of 14 in Warrens Addition to the city).

j.

Pioneer Park, 1400 N. 6th Street (lot 1, block 16, Randall's Addition, except the southerly 66 feet thereof).

k.

Reconciliation Park, 100 N. Riverfront Drive (Reconciliation Park, North Minnesota River Trail Subdivision).

l.

Tourtellotte Park, 300 W. Mabel Street (Southerly 18 feet of lots 8 and 9 of block 22, block 23, block 24, block 30 and block 31, and lots 1, 2, 3, 4, and 5 of block 34, Duke's Second Addition).

m.

Washington Park, 215 N. fourth Street (lots 1, 2, 3, 4, and 5, in block 46, in the town according to the recorded plat thereof made by Elias D. Bruner, and being block 66, according to the recorded plats of the town made by John J. Everett and A.D. McSweeney, lots 1, 2, 3, 4 and 5, in block 65, in the town according to the recorded plat thereof made by A.D. McSweeney the same being the north westerly one-half of block 65, in the town according to the recorded plat thereof made by John J. Everett, and being the north-westerly one-half of Market Square in the town according to the recorded plat thereof made by Elias D. Brunner, and sometimes called block 47, according to the plat, for a public park only to be always open to the public without changes, under regulations by the common council of the city).

n.

First National Bank, 229 S. Front Street (lot 5, block 13, Bruner's Plat).

o.

Wenzl Huttl Tailor Shop, 329 N. Riverfront Drive (Northerly 22 feet of lot 1, block 17, except the rear or Easterly 34 feet of the Northerly 22 feet of lot 1, block 17, Map of Mankato, Blue Earth County, M.T.).

p.

Carnegie Library, 120 S. Broad Street (lots 7 and 8, block 27, in the city).

q.

Mankato Clinic Building, 227 E. Main Street (lot 10, block 27, in the city).

(2)

Heritage preservation districts: No heritage preservation districts have been established by the city council.

(Code 2015, § 10.82(20); Ord. of 10-13-2008; Ord. of 5-23-2011; Ord. of 6-27-2011; Ord. of 5-14-2012; Ord. of 8-12-2013; Ord. No. 15-0323-3, 3-23-2015; Ord. No. 16-0208-2, 2-8-2016; Ord. No. 16-0926-13, 9-26-2016; Ord. No. 18-0226-2, 2-26-2018)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult uses includes adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public.

(1)

Specified anatomical areas:

a.

Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breasts below a point immediately above the top of the areola.

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(2)

Specified sexual activities:

a.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexually relationship, and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

b.

Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence.

c.

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation.

d.

Fondling or touching of nude human genitals, pubic region, buttocks, or female breast.

e.

Situations involving persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons.

f.

Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being.

g.

Human erection, urination, menstruation, vaginal or anal irrigation.

Adult use body painting studio means an establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.

Adult use bookstore means a building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public extending any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult use cabaret means a building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.

Adult use companionship establishment means a companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult use conversation/rap parlor means a conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult use health/sport club means a health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult use hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult use massage parlor, health club means a massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult use mini-motion picture theater means a building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult use modeling studio means an establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

Adult use motion picture arcade means any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult use motion picture theater means a building or portion of a building with a capacity of 50 or more persons used for presenting material is such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult use novelty business means a business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.

Adult use sauna means a sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult use steam room/bathhouse facility means a building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult use, accessory, means a use, business, or establishment having ten percent or less of its stock in trade or floor area allocated to, or 20 percent or less of its gross receipts derived from movie rentals or magazine sales.

Adult use, principal, means a use, business, or establishment having more than ten percent of its stock in trade or floor area allocated to, or more than 20 percent of its gross receipts derived from, any adult use.

(Code 2015, § 10.83(1))

The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.

(Code 2015, § 10.83(2))

Adult uses as defined in this article shall be subject to the following general provisions:

(1)

Activities classified as obscene are not permitted and are prohibited. In no instance shall the application or interpretation of this article be construed to allow an activity otherwise prohibited by law.

(2)

Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.

(3)

An adult use which does not qualify as an accessory use pursuant to section 10-1541 shall be classified as an adult use, principal.

(Code 2015, § 10.83(3))

(a)

Principal adult uses shall be a permitted use in the B-2 and M-1 districts, subject to the location criteria outlined in section 10-1539(2).

(b)

Principal adult uses shall be located at least 350 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the principal adult use is located, to the property line of:

(1)

A zoning district in which residential uses are specifically listed as a permitted or conditional use.

(2)

A licensed day care center.

(3)

A public or private educational facility classified as an elementary, junior high or senior high.

(4)

A public library.

(5)

A public park.

(6)

Another adult use, principal.

(7)

Any church or church related organization.

(c)

No principal adult use shall be located in the same building or upon the same property as another adult use, principal. This limitation does not apply to any business or establishment that contains more than one Principal adult use as of August 26, 1996.

(d)

Principal adult uses shall adhere to the following signing regulations in addition to the sign regulations of article X, division 7, of this chapter:

(1)

Sign messages shall be generic in nature and shall only identify the name of business.

(2)

Signs shall comply with the requirements of size and number for the district in which they are located.

(e)

Principal adult uses shall be limited to 7:00 a.m. to 12:30 p.m. for their hours of operation. A differing time schedule may be approved by the city council if it can be satisfactorily demonstrated by the operator to the city council that all of the following apply:

(1)

The schedule will not adversely impact or affect uses or activities within 350 feet.

(2)

The schedule will not result in increased policing and related service calls.

(3)

The schedule is critical to the operation of the business.

(Code 2015, § 10.83(4))

Accessory adult uses shall be permitted in all commercial districts, provided the accessory use conforms with the provisions of this section.

(1)

An accessory adult use shall:

a.

Comprise no more than ten percent of the floor area of the establishment in which it is located.

b.

Comprise no more than 20 percent of the gross receipts of the entire business operation.

c.

Not involve or include any activity except the sale or rental of merchandise.

(2)

Accessory adult uses shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access.

a.

Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.

b.

Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

c.

Other uses. Accessory adult uses not specifically cited shall comply with the intent of this section subject to the approval of the zoning administrator.

(3)

Accessory adult uses shall be prohibited from both internal and external advertising and signing of adult materials and products.

(Code 2015, § 10.83(5))

Adult uses which are in existence prior to August 26, 1996, shall be classified as legal nonconforming uses and may continue in accordance with the provisions of this article. If an adult use becomes nonconforming because of rezoning or the establishment of a use listed in section 10-1539, the adult use shall be considered legal nonconforming and may continue in accordance with the provisions of this article. In no instance, shall a legal nonconforming adult use be allowed to structurally expand the use on the lot on which it is located when the use became legally nonconforming, or expand the adult use to include another lot on which the adult use was not located when it became legally nonconforming. If the building in which a legal nonconforming adult use is located is destroyed by any means to an extend of greater than 50 percent of its market value, or if the building in which the legally nonconforming adult use is vacant for more than 12 months, an adult use shall not be re-established unless it is in conformance with this section.

(Code 2015, § 10.83(6))

(a)

Any person violating any provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law.

(b)

Any violation of this section shall be a basis for the suspension or revocation of the certificate of occupancy for the property or building in or on which the adult use is located. In the event the city council proposes to revoke or suspend a certificate of occupancy, the property owner shall be notified in writing of the basis for such proposed suspension or revocation. The city council shall hold a hearing for the purpose of determining whether to revoke or suspend the certificate of occupancy, which hearing shall be within 30 days of the date of the notice.

(c)

The city council shall determine whether to revoke or suspend a certificate of occupancy within 30 days after the close of the hearing or within 60 days of the dates of the notice, whichever is sooner, and shall notify the property owner of its decision within that period.

(Code 2015, § 10.83(7))

(a)

This section regulates and limits the continued existence of uses, structures, and lots established prior to the effective date of the ordinance from which this chapter is derived that do not conform to the regulations of this article applicable in the zoning districts in which such uses, structures, and lots are located.

(b)

The zoning districts established by this chapter are designed to guide the future use of land within the city by encouraging the development or maintenance of desirable residential, business, office, institutional, and industrial areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety, and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes for which such districts are established and thus the gradual elimination of such nonconformities is generally desirable.

(Code 2015, § 10.84(1))

(a)

This section establishes separate restrictions for the following categories of nonconformity:

(1)

Nonconforming uses (section 10-1577).

(2)

Nonconforming structures (section 10-1578).

(3)

Nonconforming lots (section 10-1579).

(4)

Nonconforming junkyards (section 10-1580).

(5)

Nonconforming parking surfaces (section 10-1581).

(b)

The degree of restriction made applicable to each category of nonconformity is generally related to the degree of incompatibility with permitted uses and the amount of investment typically associated with nonconformities of that type. Pursuant to article XI, division 5, of this chapter, provision is made for relief from some of the restrictions of this section when practical difficulties or particular hardship exist.

(Code 2015, § 10.84(2))

(a)

Restrictions. The restrictions listed in this section shall apply to nonconforming uses of land.

(b)

Authority to continue. Except with regard to the termination by discontinuance or abandonment of a use as provided for below, any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the restrictions set forth below:

(1)

Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure devoted in whole or in part to a nonconforming use; provided, however, that this restriction shall not be deemed to authorize any violation of this section.

(2)

Enlargement of structure. No structure devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such structure shall thereafter conform to the use regulations of the zoning district in which it is located.

(3)

Extension of use. A lawful existing nonconforming use may be extended or expanded throughout an existing building, provided that such extension or expansion does not require that the structure devoted to the nonconforming use be structurally altered or enlarged; and provided further that the extension or expansion of the use shall not be allowed unless the off-street parking and loading spaces required for such extension or expansion are provided in accordance with the requirements of article X, divisions 5 and 6, of this chapter.

(4)

Moving. No structure devoted in whole or in part to a nonconforming use shall be moved in whole or in part for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

(5)

Change in use.

a.

A lawful nonconforming use may be changed to a conforming use permitted in the zoning district in which it is located; provided, however, when such a nonconforming use is changed to a conforming use, it shall not thereafter be changed back to any nonconforming use.

b.

A lawful nonconforming use may be changed to another nonconforming use of the same or similar type or intensity, or to another nonconforming use of the same or similar type, but of less intensity, subject to interpretation by the zoning administrator pursuant to article XI, division 8, of this chapter. In addition to the requirements set forth in article XI, division 8, of this chapter, the zoning administrator shall not approve such change if it will require the violation of the restrictions of this section. Whenever a nonconforming use is changed to a less intense nonconforming use, it shall not thereafter be changed back to a more intense nonconforming use.

(6)

Damage or destruction. Any structure devoted in whole or in part to, or that is accessory to, a nonconforming use and that is damaged or destroyed, by any means, to the extent of more than 50 percent of the assessed market value, shall not be restored unless the use of such structure shall thereafter conform to the use regulations of the zoning district in which it is located. For any use that is legally existing on the effective date of the ordinance from which this chapter is derived, and is otherwise conforming to this article except that the existing number of off-street parking and loading spaces provided for the use is not in compliance with article X, divisions 5 and 6, of this chapter, but the existing parking and loading spaces currently provided for the use were conforming when the use was established, that when the use is thereafter damaged or destroyed by fire, collapse, explosion, or other cause not under the control of the property owner, the requirements of sections 10-1630, and 10-1670, shall not apply if the use is reconstructed, re-established, or repaired within one year and to the same condition, density, and floor area as existed before being damaged or destroyed. The property owner shall be required to restore, or continue in operation, parking and loading facilities equal to the parking and loading to useable floor area ratio maintained at the time of such damage or destruction, and the parking and loading facilities shall conform to all other requirements of article X, divisions 5 and 6, of this chapter.

(7)

Termination by discontinuance or abandonment. When a nonconforming use is discontinued or abandoned for a period of 12 consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located. Any period of such discontinuance caused by government action, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming uses, shall not be considered in calculating the length of discontinuance for the purposes of this section.

(Code 2015, § 10.84(3))

The term "authority to continue" means any nonconforming structure may be continued so long as it remains otherwise lawful, subject to the restrictions set forth below.

(1)

Repair, maintenance, alterations, and enlargement. Except as limited below and allowed elsewhere in this article, any nonconforming structure may be repaired, maintained, altered, or enlarged; provided, however, that no such repair, maintenance, alteration, or enlargement shall either create any new nonconformity or increase the degree of the existing nonconformity of all or any part of such structure.

(2)

Moving. No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to all of the regulations of the zoning district in which it is located after being moved.

(3)

Damage or destruction. Any nonconforming structure that is damaged or destroyed by any means not within the control of the owner thereof, to any extent, may be repaired or restored in accordance with M.S.A. § 462.357, subd. 1e; provided, however, that no such repair or restoration shall be allowed that would increase the degree of any nonconformity existing prior to such damage or destruction, and no such repair or restoration shall be allowed for that portion of a structure encroaching into a public right-of-way or sight triangle as defined in section 5-20.

(Code 2015, § 10.84(4))

Subdivided lots of record in existence prior to May 28, 1956, which do not meet the minimum width, area, and frontage requirements of this article, shall be considered legally nonconforming and developable lots, provided all other regulations of this article are satisfied and an approved public access is provided to the lot. If two or more nonconforming lots are contiguous and under single ownership at the time of the enactment of this article, then such lots shall be combined for the purposes of development in order to satisfy the requirements of this article.

(Code 2015, § 10.84(5))

No junkyard may continue as a legal nonconforming use for more than one year after the effective date of the ordinance from which this chapter is derived, except that a junkyard may continue as a legal nonconforming use in an industrial district if, within that period, it is completely enclosed within a building, fence, screened planting, or other device of such height as to completely screen the operations of the junkyard. Plans of such a building or device shall be subject to site plan review and shall be approved by the city council, upon the recommendation of the planning agency, prior to the establishment of such building or device.

(Code 2015, § 10.84(6))

All legal nonconforming off-street parking spaces, driveways, and driving surfaces which are not constructed in conformance with section 10-1619, shall be hard surfaced with concrete or asphalt within one year of any of the following:

(1)

The issuance of a building permit which would allow the increase in the amount of lot coverage on the zoning lot.

(2)

The change in the principal use of the zoning lot.

(3)

The hard surfacing of a public right-of-way, which was previously not hard surfaced with concrete or asphalt, when the right-of-way serves as an access to the nonconforming surface.

(4)

A major reconstruction of a public roadway, as defined in the city assessment policy or capital improvements program, when the right-of-way serves as an access to the nonconforming surface.

(5)

The expansion of any existing, or development of any additional driveways, parking areas or driving areas on the zoning lot.

(6)

The issuance of a rental license for property that is not currently licensed or the license has lapsed.

(Code 2015, § 10.84(8))

No use or structure that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have been terminated, unless it shall thereafter conform to all regulations of the zoning district in which it is located.

(Code 2015, § 10.84(9))

The burden of establishing that any nonconformity lawfully exists under the provisions of this section shall, in all cases, be upon the owner of the nonconforming property and not upon the city.

(Code 2015, § 10.84(10))

The off-street parking provisions of this article shall apply to all buildings and structures erected and all uses of land established after the effective date of the ordinance from which this chapter is derived. All required off-street parking shall be provided on private property, unless authorized otherwise by the city council.

(Code 2015, § 10.85(1))

Accessory off-street parking facilities in existence on the effective date of the ordinance from which this chapter is derived shall not hereafter be reduced below the parking and loading requirements of this article.

(Code 2015, § 10.85(2))

Uses and buildings located in the CBD-C district shall be exempt from providing the required parking spaces set forth in this section. Uses and buildings located in the CBD-F district shall be required to provide one-half the required parking set forth in this section. However, the city council may require off-street parking to be provided for conditional uses in the CBD-C or CBD-F districts. In lieu of required parking spaces in the CBD-C and CBD-F districts, a payment may be made to the city parking fund or other authorized parking fund. The in lieu payment per parking space shall be determined by the council on a yearly basis with the same procedure required for all assessments. Requests for payment in lieu of required parking spaces must be made to the council through the city planning commission. The determination to allow a payment in lieu of required parking will be made by the council and shall be based on available municipal parking facilities within 500 feet of the use and the total city parking system in general.

(Code 2015, § 10.85(3))

Nothing in this article shall be deemed to prevent the voluntary establishment of off-street parking to serve any existing use of land or buildings, provided that all regulations of this article governing the location, design, and operation of such facilities are adhered to. As part of the conditional use approvals, the city council may require additional off-street parking to be provided in excess of the requirements of this section in order to ensure that an anticipated parking demand will be served.

(Code 2015, § 10.85(4))

No commercial vehicle or equipment of any kind exceeding 9,000 pounds gross weight, shall be parked, stored, or otherwise continued in a residential district unless in a completely enclosed structure or unless the vehicle or equipment is being used in conjunction with a legitimate service being rendered for the benefit of the residential premises.

(Code 2015, § 10.85(5))

Automobile vehicles or trailers of any kind or type without current legal license plates or which are inoperable are a public nuisance and enforcement and abatement shall be undertaken as provided in section 11-35.

(Code 2015, § 10.85(6))

Any application for a building permit affected by this section and required to provide more than four off-street parking stalls shall include a site plan, drawn to scale and fully dimensioned, showing any off-street parking or loading facilities to be provided in compliance with this article. Such site plan shall be a part of the building permit and no certificate of occupancy shall be issued until the site plan is approved. The site plan shall be drawn to a scale of one inch equals 20 feet or larger and shall include at least the following information:

(1)

The applicant's name and address and interest in the property.

(2)

The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the site plan.

(3)

The street address and legal description of the property.

(4)

The zoning classification and the required setback for the property.

(5)

A complete description of the proposed use.

(6)

The actual dimensions of the parking lot and exact sizes and location of all proposed buildings or other structures.

(7)

The actual dimensions and location of all driveways, parking spaces, safety curbs, loading areas, and landscaping.

(8)

A depiction of all drainage features and any environmental features.

(9)

Such other and further information or documentation as the zoning administrator may deem to be necessary or appropriate to a full and proper consideration and disposition of the particular site plan.

(Code 2015, § 10.85(7))

(a)

Parking spaces required for one- and two-family dwellings shall be located on the same lot as the dwelling served or on an abutting lot.

(b)

(1)

Off-street parking spaces required for all non-one- and two-family dwellings shall be located on the same lot as the land use activity; provided, however, that when four or more parking spaces are required, off-premises parking may be provided on a lot located not more than 500 feet from the main building of the use requiring the parking, provided the off-premises parking lot shall be held under the same ownership or leasehold interest as the zoning lot occupied by the building or use to which the parking facilities are accessory.

(2)

In no instance shall a use not permitted in a residential zoning district be allowed to provide off-street parking in a residential zoning district.

(c)

The prohibition against parking in any yards shall not be interpreted to prohibit the use of hard surfaced driveways for the temporary parking of automobiles.

(Code 2015, § 10.85(8))

The location of parking spaces and internal driveways shall conform to the stated setbacks and ground coverages for impervious surfaces contained in each zoning district. Parking areas shall be designed so as to avoid parked vehicles encroaching into required yards. Parking shall not be located in the required sight triangle as defined by section 5-20.

(Code 2015, § 10.85(9))

Every parcel of land hereafter used as a public or private parking area, regardless of whether or not the parking is required by this section, shall be developed and maintained in accordance with the following requirements:

(1)

Design. The design of parking lots or areas shall be subject to the approval of site plan review, in accordance with standards set forth in article X, division 10, of this chapter, and any additional standards established by the zoning administrator. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with the movement of street traffic.

(2)

Landscaping and screening. Landscaping and screening shall be provided in accordance with the requirements of article X, division 8, of this chapter.

(3)

Lighting. Reserved.

(4)

Signs. Accessory signs shall be permitted on parking areas in accordance with the provisions specified in article X, division 7, of this chapter. All compact parking stalls shall be signed as such.

(5)

Curb and striping.

a.

All off-street parking areas in multiple-family, commercial, or planned industrial zones shall have a six-inch-high nonsurmountable curb around the perimeter of the parking area and driveway.

b.

All off-street parking spaces containing more than four parking spaces shall delineate individual parking spaces by striping or painting having a width of at least four inches.

(6)

Parking spaces and driveway surfaces.

a.

All motor vehicles, as defined by section 11-35, shall have access to and be stored on off-street parking spaces, parking lots, driveways, and driving surfaces that are hard surfaced with concrete or asphalt, except as exempted below. Such areas shall be well-drained and maintained in a well-kept manner.

b.

Exemptions.

1.

Off-street parking spaces, driveways, and driving surfaces which only have access to a public right-of-way that is not hard surfaced with concrete or asphalt are not required to be hard surfaced with concrete or asphalt until such right-of-way is surfaced with concrete or asphalt.

2.

Industrial properties located in M-1 and M-2 districts may maintain gravel parking or storage areas and driving surfaces to be utilized by heavy equipment in excess of 9,000 pounds, provided the gravel parking or storage areas and driving surfaces are located more than 100 feet from a hard surfaced public right-of-way, or the access to such areas is located more than 100 feet from a hard surfaced public right-of-way.

(Code 2015, § 10.85(10); Ord. of 6-29-1998; Ord. of 2-9-2004)

Except as otherwise provided in this section, required accessory off-street parking facilities provided for uses listed in this section shall be solely for the parking of motor vehicles utilized by the owners, guests, patrons, occupants, or employees of such uses.

(Code 2015, § 10.85(11))

Any parking area to be used by the general public shall provide parking spaces designated and located to adequately accommodate the handicapped, and these shall be clearly marked as such. Handicap stalls shall be located in close proximity to the most accessible handicap entrance of the principal building. The number and dimension of the stalls shall conform to applicable state and federal regulations.

(Code 2015, § 10.85(12))

One-quarter of the total parking requirement for a particular use may be designated for compact parking. Compact parking stalls shall be individually or jointly signed and shall conform to the size and dimensions contained in section 10-1623.

(Code 2015, § 10.85(13))

The dimensions for parking stalls and associated driving aisles shall conform to the standards recommended by the site plan and traffic safety committee and as adopted and amended, from time to time, by the city council.

(Code 2015, § 10.85(14); Ord. of 10-12-2009)

(a)

Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements of each such use and all regulations governing location of accessory parking spaces in relation to the use served are adhered to. No parking space or portion thereof shall serve as required space for more than one use unless otherwise authorized by the zoning administrator.

(b)

The zoning administrator may authorize a reduction in the total number of required parking spaces for two or more nonresidential uses jointly providing off-street parking when their respective peak hours of operation do not coincide. (See the schedule for minimum off-street parking requirements in section 10-1630.) Reduction of joint use parking shall be subject to the following conditions:

(1)

No more than 50 percent of the parking spaces required for a principal use may be supplied by parking facilities required for any other principal use.

(2)

The number of shared spaces for two or more distinguishable land uses shall be determined by the following procedure:

a.

Multiply the minimum parking required for each individual use, as set forth in section 10-1630, by the appropriate percentage indicated in section 10-1629, for each of the six designated time periods; then

b.

Add the resulting sums for each of the six column; then

c.

The minimum shared parking requirement shall be the highest sum among the six columns resulting from the above calculations.

(3)

If the zoning administrator determines that one or all of the land uses proposing to make use of joint parking facilities do not conform to one of the general land use classifications in the schedule of shared parking calculations, then the petitioner shall submit sufficient data to indicate that there is not substantial conflict in the principal or peak operating hours of the uses.

(4)

The property owners involved in the joint use of off-street parking facilities shall submit a legal agreement approved by the city attorney guaranteeing that the parking spaces shall be maintained so long as the uses requiring parking are in existence unless the required parking is provided elsewhere in accordance with the provisions of this section. Such instrument shall be recorded by the property owner with the county recorder of deeds, and a copy filed with the zoning administrator.

(Code 2015, § 10.85(15))

Parking spaces for accessory uses not specifically enumerated within section 10-1629, shall be assumed to be included in the principal (permitted or conditional) use requirement.

(Code 2015, § 10.85(16))

In computing required parking spaces for a mixed use development or a shopping mall, the total number of required spaces shall be based upon the parking requirements for all the principal uses on the zoning lot.

(Code 2015, § 10.85(17))

In the event this article does not specify the number of parking spaces for a specific use, the zoning administrator shall determine the number of spaces required. In making this determination, the zoning administrator shall consider the following criteria:

(1)

The number of parking spaces required for a use listed in section 10-1629 that is the most similar to the proposed use in terms of the parking demand anticipated to be generated.

(2)

The square footage to be occupied by the proposed use.

(3)

The number of employees and patrons that are anticipated for the proposed use.

(Code 2015, § 10.85(18))

For the purpose of determining off-street parking requirements, the following units of measurement shall apply:

(1)

Floor area, livable or useable. The gross useable or livable floor area shall be used to determine the parking requirement.

(2)

Places of assembly (public or private). In places of assembly in which those in attendance occupy benches, pews, and other similar seating facilities, each 22 inches of linear bench or pew space shall be counted as one seat for the purpose of determining required off-street parking.

(3)

Open assembly areas. In places of public assembly in which those in attendance occupy temporary seating, each four persons of occupant load as determined by the building official shall be counted as requiring one parking space.

(4)

Interpreting calculation of fractional parking spaces. When determination of the number of off-street parking spaces required by this section results in a requirement of a fractional space, any fraction of less than one-half may be disregarded, while a fraction of one-half or more, shall be counted as one parking space. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing on the premises or both, at any one time.

(5)

Garages, driveway parking, tandem parking.

a.

Parking stalls located within a private garage may be used to satisfy the off-street parking requirements of this section.

b.

The area of the driveway immediately adjacent to the entrance to a private garage may be considered a parking area for the purpose of satisfying the off-street parking requirements of this section, provided that such parking spaces conforms to the dimensional requirements of this section, and such parking spaces shall not restrict or interfere with an internal traffic lane and shall not be located on a public right-of-way. All other areas of the driveway, as defined in section 10-2, shall not be used to satisfy the off-street parking requirement of this section.

c.

Notwithstanding any of above, or as otherwise permitted in this chapter or chapter 5, tandem parking arrangements shall not be allowed in order to satisfy the parking requirements of this section.

d.

The provision of this subsection shall also apply to the rental housing standards in this chapter or chapter 5.

(6)

Parking for bicycles.

a.

Nonresidential uses and multiple-family dwellings having an off-street parking requirement of at least 15 and not more than 40 automobile spaces shall provide a minimum of two off-street bicycle parking spaces. Nonresidential and multiple-family dwelling uses having an off-street parking requirement of 40 or more automobile spaces shall provide off-street bicycle parking spaces equal to five percent of the total number of automobile off-street parking spaces provided.

b.

Subject to review and approval by the planning agency, the total number of required automobile off-street parking spaces may be reduced at the ratio of one automobile off-street parking space for each six bicycle spaces. However, the total number of required automobile off-street parking spaces shall not be reduced by more than five percent.

(Code 2015, § 10.85(19); Ord. of 6-9-1998; Ord. of 6-14-2010)

(a)

The schedule of shared parking calculation shall be as follows:

(b)

How to use the schedule of shared parking. For each applicable general land use category, calculate the number of spaces required for a use if it were freestanding (refer to the schedule of minimum off-street parking requirements). Use those figures for each land use to calculate the number of spaces required for each time period for each use, (six time periods per use). For each time period, add the number of spaces required for all applicable land uses to obtain a grand total for each of the six time periods. Select the time period with the highest total parking requirement and use that total as your shared parking requirement.

(Code 2015, § 10.85(20))

In any district, whenever a building is erected, converted, enlarged or the use of the building or premises is altered, off-street parking shall be provided as follows:

(Code 2015, § 10.85(21); Ord. of 2-9-2004)

The off-street loading provisions of this article shall apply to all nonresidential buildings and structures erected and all uses of land established after the effective date of the ordinance from which this chapter is derived.

(Code 2015, § 10.86(1))

Accessory off-street loading facilities in existence on the effective date of the ordinance from which this chapter is derived shall not thereafter be reduced below the parking and loading requirements of this article.

(Code 2015, § 10.86(2))

Nothing in the ordinance shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations of this article governing the location, design, and operation of such facilities are adhered to.

(Code 2015, § 10.86(3))

All required loading berths shall be located on the same zoning lot as the use served. All motor vehicle loading berths that abut a residential district or an intervening alley, separating a residential district from a business, commercial, or industrial district, shall be completely screened therefrom. No permitted or required loading berth shall be located within 30 feet of the nearest point of intersection of any two streets. No loading berth shall be located in a required front yard. Any loading berth located in a required rear or side yard may be open to the sky.

(Code 2015, § 10.86(4))

Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with traffic movement and shall be subject to site plan review approval.

(Code 2015, § 10.86(5))

Space allocated to any off-street loading use shall not, while so allocated, be used to satisfy off-street parking requirements.

(Code 2015, § 10.86(6))

Unless otherwise specified, a required off-street loading berth shall be at least ten feet in width by at least 35 feet in length for short berths, and 12 feet in width by at least 50 feet in length for long berths exclusive of aisle and maneuvering space. Maneuvering aprons of appropriate width and orientation shall be provided and will be subject to site plan review approval.

(Code 2015, § 10.86(7))

All off-street loading areas shall have a vertical clearance of at least 14 feet.

(Code 2015, § 10.86(8))

Uses for which off-street loading facilities are required herein, but that are located in buildings of less floor area than the minimum prescribed for such required facilities, shall provide adequate receiving facilities, accessible by motor vehicle off any adjacent alley, service drive, or open space on the same zoning lot.

(Code 2015, § 10.86(9))

Central loading facilities may be substituted for loading berths on individual zoning lots, provided the following conditions are fulfilled:

(1)

Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.

(2)

Total off-street loading berths provided shall meet the minimum requirements herein specified, based on the use of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.)

(3)

No zoning lot served shall be more than 500 feet away from the central loading area.

(Code 2015, § 10.86(10))

(a)

Design of loading areas. All loading areas shall be oriented away from adjacent residential or other incompatible uses.

(b)

Plan. The design of loading areas shall be subject to the approval of the site plan review in accordance with article X, division 10, of this chapter, and any additional standards established by the zoning administrator.

(c)

Landscaping and screening. Landscaping and screening shall be provided in accordance with the requirements of article X, division 8, of this chapter.

(d)

Lighting. Where a parking area or parking lot is illuminated, fixed lighting shall be arranged to prevent direct glare beams onto any public property, including streets and any adjoining private property. All light fixtures shall incorporate a luminaire with a 90-degree or less cutoff that prevents light from the luminaire to be projected above the elevation of the light fixture or beyond the zoning lot on which the lighting fixture is located. In no case shall illumination exceed one footcandle at the property line.

(e)

Signs. Accessory signs shall be permitted on loading areas in accordance with the provisions specified in the article X, division 7, of this chapter.

(f)

Loading area surface. Loading area surfaces shall be effectively drained and shall be hard surfaced with concrete or asphalt.

(Code 2015, § 10.86(11))

Off-street loading facilities for new developments shall be provided as specified below:

Schedule of Off-Street Loading Requirements

"Gross floor area" refers to buildings or structures on premises.

Berth (loading dock):

Short: ten feet wide by 35 feet deep.

Long: 12 feet wide by 50 feet deep.

(Code 2015, § 10.86(12))

The intent of this section is to provide for necessary visual communications and to preserve and promote a pleasant physical environment within the city by regulating the type, number, size, height, lighting, maintenance, and erection of sign structures.

(Code 2015, § 10.87(1); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 1-14-2013)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Address sign means a sign communicating the street address or the name of the occupant of a property.

Automobile service station means any building or premises primarily used for dispensing gasoline or diesel fuel.

Balloon means a flexible, nonporous, bag inflated with either air or helium that causes it to rise and float in the atmosphere.

Banner means a temporary sign made of cloth, plastic, or vinyl materials.

Bench sign means a sign which is attached to a bench at a designated mass transit loading and unloading area.

Canopy and awning means any projecting structure, moveable or stationary, that is attached to and supported by a building. The term "canopy and awning" does not include canopies covering fuel dispensing islands at automobile service stations.

Directional sign means a sign with directional arrows or information on the location of a business or other use for the purpose of guiding vehicular and pedestrian traffic.

Earth tone colors means beige, tan, brown, gray, forest green, and burgundy. Black shrouding will be considered an earth tone color for monument signs.

Electronic message sign means a sign whose message may be changed at intervals by electronic process or remote control and whose only movement is the periodic changing of information having a constant light level.

Elevated highway means a state or federal highway which is elevated by the use of fill or bridging at least five feet above the grade of adjacent properties.

Façade means the face of a building from the lowest exposed point to the roof.

Flashing sign means any illuminated sign that has artificial light or color which is not maintained at a constant light level intensity or color when such sign is in use.

Franchise architecture means any franchise color schemes or other designs, symbols, or features intended to attract the attention of the viewing public and reinforce the corporate or distinct image of a given business.

Ground/pylon sign means a freestanding sign, including the structure needed to support such sign.

Illuminated sign means any sign that is lighted by an exterior or interior artificial light source.

Joint identification sign means a sign which serves as common or collective identification for a group of businesses or uses operating on the same zoning lot (e.g., shopping center, office, complex, etc.). Such sign may name the individual businesses or uses in the development.

Linear frontage means that street frontage of a zoning lot designated by the street address for the main building.

Lot, through, means a lot having front and rear lot lines abutting a public street. Alleys are not considered a public street for the purpose of this section.

Low profile sign means monument signs that are eight feet or less in height.

Marquee, awning, and canopy signs means any message or identification which is affixed to or part of a marquee, awning or canopy.

Menu sign means a sign incorporated into a drive-through facility where products or services are offered directly to the occupant of the vehicle. A menu sign identifies only the products or services available at the drive-through facility.

Metal shroud means a piece of metal which is used to conceal and screen the support structure of a monument sign.

Monument sign means a freestanding sign in which the entire base of the sign structure is in contact with the ground, providing a solid and continuous background for the sign face that is the same width as the sign from the ground to the top of the sign. The base of the sign shall be constructed of a permanent material such as concrete block or stone.

Monument sign area means the advertising area of a monument sign.

Multi-business center means a structure which contains one or more businesses.

Nonconforming sign means a sign which lawfully existed at the time of the adoption of the ordinance from which this section is derived and does not conform to the requirements thereof.

Off-premises sign means a sign advertising a business, commodity, service, or entertainment conducted, sold, or offered elsewhere other than upon the zoning lot where the sign is maintained.

On-premises sign means a sign which advertises the business, commodity, service, or entertainment offered upon the same zoning lot on which the sign is located.

Parapet means a low, protective wall or railing along the edge of a roof, balcony or similar structure.

Permanent sign means any sign which is not temporary. Banners shall not be considered to be a permanent sign.

Portable sign means a sign designed to be moveable from one location to another or not permanently attached to the ground or to any permanent structure.

Projecting sign means a sign, other than a wall sign, which projects from and is supported by a building.

Public alley means any public right-of-way whose primary function is to furnish vehicular access to the side or rear of properties having their main frontage along a street.

Reader board sign means a sign intended to display a message through the use of manually changed letters, that is permanently attached to a ground/pylon sign or affixed to a wall of the principal building. All other such signs shall be deemed as temporary signs.

Real estate sign means a sign advertising the sale, rental, or development of the premises upon which it stands, or directing attention to the opening or location of a new residential development.

Redevelopment means construction of a new building on a zoning lot or a 50 percent expansion of an existing building floor area.

Roof sign means a sign affixed upon the roof of a building and located above the roofline.

Roofline, in structures with a flat roof, means the top line of the coping or parapet; in structures with pitched roofs, the intersection of the outside wall with the roof.

Rotating sign means any sign which revolves, rotates or has any moving parts.

Searchlight means an apparatus containing a light source and a reflector for projecting a bright beam of approximately parallel rays of light.

Shared internal access means a driving aisle or lane that provides access to a public street for two or more businesses. The access should be dedicated in a plat or via an access easement.

Sight triangle means a triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between the right-of-way lines at a distance along each line of 25 feet from their point of intersection (as defined by section 5-20).

Sign means any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person when the same is displayed or placed out of doors in view of the general public, or inside of a building within three feet of a transparent window. For the purpose of enforcing this article, the maximum allowed sign area shall include any portion of a building or accessory structure that displays franchise color schemes or other designs, symbols, or features intended to attract the attention of the viewing public and reinforce the corporate or distinct image of a given business.

Sign height means the vertical distance measured from the average elevation of the finished ground grade within ten feet of the sign to the highest point of the sign.

Skyline logo means a type of roof sign consisting of a three-dimensional symbol, figure, or graphic located upon a building rooftop which may not contain any text or commercial advertising or display. An electronic or "dynamic" sign shall not be considered an eligible skyline logo.

Sign setback means the required minimum horizontal distance between any part of a sign and the related front, side, or rear property lines.

Temporary sign means any sign, balloon, banner, blimp, flag, free standing sign, pennant, poster, reader board or advertising display which is intended to be displayed for a limited period of time. Signs other than temporary signs shall be considered permanent signs.

Wall area means the face of a building from the lowest exposed point to the roof.

Wall sign means a sign affixed to the exterior wall of a building.

(Code 2015, § 10.87(2); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 1-14-2013)

(a)

No sign shall be erected, re-erected, or altered unless a permit has been obtained, unless no permit is required pursuant to section 10-1697. Application for a sign permit shall be made in writing on forms furnished by the zoning administrator. In addition, a sign plan must be submitted with each new sign that is erected in the city and shall include the following:

(1)

The type of sign materials used.

(2)

A scaled site plan which displays the size, number, and location of signs on the site and buildings.

(3)

If the sign is being illuminated with external lighting, a lighting plan shall be submitted and shall conform to section 10-1774.

(4)

If a pylon or ground/pylon sign is proposed, a structural footing detail shall be submitted as required by section 10-1699.

(b)

The fee for a sign permit shall be, as provided in the city fee schedule. A double fee shall be charged if a sign is erected without first obtaining a permit for such sign.

(c)

No separate building permit shall be required, but the building inspector may require the submittal of plans or other pertinent information where such information is necessary to ensure compliance with the building code.

(Code 2015, § 10.87(3); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 1-14-2013)

(a)

The following signs need no permit but shall conform with the standards of this section:

(1)

Address signs for one- or two-family dwellings identifying the occupant or street address, provided that such signs are less than one square foot in area.

(2)

Pedestrian, vehicular-traffic, and parking directional signs in parking lots, provided such signs are no more than eight square feet in area and six feet in height. For a zoning lot, a maximum of one such sign shall be permitted at each access/egress point of a development.

(3)

Public signs, street signs, warning signs, railroad crossing signs, or signs of public service companies for the purpose of promoting safety.

(4)

Signs denoting the architect, engineer, or contractor working upon a work site and real estate signs pertaining to the sale, development or rental of the property. Such signs shall be removed within ten days after completion of construction or the sale, lease or development of 80 percent of the property. No more than three such signs shall be allowed at one time. Each sign shall not exceed the following size limitations:

(5)

Any political sign pertinent to M.S.A. § 211B.045. Such signs shall be located on private property and at least five feet from all property lines and shall not be located in the sight triangle. Other elections held at other times than a state general election are subject to the following restrictions:

a.

The maximum size of all signs shall be eight square feet.

b.

Such signs may be erected 60 days prior to the election until three days following the election.

c.

Such signs must be at least five feet away from all property lines and shall not be located in the sight triangle.

(6)

Signs or posters attached or painted on the inside of a display window including illuminated signs, but not flashing signs. These signs shall be placed as not to obstruct or interfere with any window, doorway or fire escape. Such signs shall not exceed 50 percent of the window area or 32 square feet. Such signs shall be prohibited in residential districts.

(7)

Emergency signs as required by any governmental agency.

(8)

Memorial signs or tablets, names of buildings and date of erection when cut into or attached to any masonry surface or noncombustible material.

(9)

Home occupation signs, nonilluminated, attached to the wall of a dwelling, and not exceeding one square foot in area.

(10)

Signs denoting employment opportunities within a the property. Such signs shall not exceed 32 square feet.

(11)

Bench signs at designated mass transit loading and unloading areas. The total area of such signs shall not exceed 32 square feet.

(12)

Signs which denote the location of an office, delivery or service area within a business, provided such signs are not greater than eight square feet.

(13)

Signs which display a noncommercial message for a local festival or an activity sponsored by a nonprofit group. Such signs may be displayed no more than two weeks per calendar year.

(14)

Temporary garage and estate sale signs shall conform to the following:

a.

One such sign not exceeding eight square feet shall be allowed.

b.

All signs shall be located on private property where the sale is conducted setback five feet from all property lines and out of the sight triangle.

c.

Such signs may be erected for periods not exceeding three days and all signs shall be removed at the end of the sale. Not more than four such periods shall be allowed in any 12-month period.

(Code 2015, § 10.87(4); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 1-14-2013)

The following signs are prohibited by this section:

(1)

Signs that resemble any official marker erected by a government agency by reason of position, shape or color, which would interfere with the proper function of a traffic sign, signal or be misleading to vehicular traffic.

(2)

Signs within a public right-of-way or easement, except for signs installed by governmental entities.

(3)

Signs attached to rocks, trees, fences, or utility poles. Signs on fences denoting safety hazards will be allowed.

(4)

Signs with rotating beam or flashing illumination.

(5)

Signs advertising by letters, words or figures painted upon any sidewalk within the city.

(6)

Advertising signs painted on any exterior building surface.

(7)

Rotating signs.

(8)

Signs painted or attached to vehicles where the vehicle is parked on a property and not intended to be moved for a period of 48 hours or more. At all times, vehicles containing advertising or signage shall not be parked along the property frontage.

(9)

Roof signs, except for approval skyline logos in the Skyline Logo District.

(10)

Temporary signs which advertise a business, product, or service which is not produced or conducted on the zoning lot upon which the sign is located.

(11)

Signs which project over the public right-of-way except in the CBD-F and CBC-C districts.

(12)

Use of vehicles or trailers designed for or utilized exclusively for the purpose of mobile advertising upon public streets or other rights-of-way.

(Code 2015, § 10.87(5); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 1-14-2013)

(a)

Construction standards.

(1)

All signs shall be constructed and maintained in a manner where they will be safe to the general public. A sign shall be repainted whenever its paint begins to fade, chip or discolor and defective parts shall be replaced promptly.

(2)

On-premises signs shall be removed from a zoning lot by the owner of such property within 30 days after termination of the use for which the sign was used.

(3)

If the zoning administrator shall find that any sign is unsafe, a detriment to the public, not maintained, or constructed, erected or maintained in violation of the provisions of this section, the zoning administrator shall give written notice to the property owner thereof. If the property owner fails to comply with the standards of this section within 30 days after such notice, if no appeal is taken pursuant to the provisions of section 10-1697, or if no owner, occupant, or agent can be found, such sign may be removed or altered by the city. The cost of such city action shall be specially assessed against the subject property.

(4)

All permanent signs shall be constructed to meet uniform building code standards for wind resistance, dead loads, wind loads and other applicable sections of the uniform building code. Signs shall be rigidly suspended by means of fastening or support so as not to be free swinging nor a menace to persons or property. All applications for newly erected ground/pylon signs shall include a detailed footing plan which shall be approved and signed by a registered professional engineer under the laws of the state. Before any pylon sign is erected, a footing inspection must be conducted by a city building inspector or the zoning administrator. Inspections must be scheduled at least four hours prior to the inspection.

(5)

All parts of a ground/pylon sign shall be located at least five feet from any property line and shall not be located in the sight triangle, which is defined by section 5-20(b).

(6)

Projecting signs and any support mechanism of the sign shall not project more than 72 inches out from the face of the building.

(7)

All electrical wiring of signs shall comply with the provisions of the National Electrical Code and other applicable sections of the state building code.

(8)

No sign shall be erected as to obstruct access/egress to or from fire escapes, windows, doors or exits and fire lanes.

(9)

The sign area is the net geometric area that encloses the display surface of the sign. Only one face of a multi-faced sign shall be considered in determining the display surface area.

(10)

No pylon sign or ground sign shall be erected in such a manner that projects or will project over any building.

(11)

Monument signs shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall either be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors unless otherwise provided for. A solid continuous background area should be provided from the ground to the top of the sign via a combination of either Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.

(12)

Signage must comply with the Urban Design Framework Manual.

(b)

Auto service stations/repair. Auto service stations shall conform to the following and all sign areas shall be applied to the maximum allowable sign area:

(1)

Auto service stations shall be allowed a maximum of four signs.

(2)

Signs on gas pump island canopies shall be included as one of the four total allowable signs. The area of signs and franchise architecture on canopies shall not exceed ten percent of the canopy face.

(3)

Signage on each gas pump island shall be limited to six square feet. Such signs will not be applied toward one of the four total allowable signs.

(4)

Sign groupings above service bays shall be counted as one of the four total allowable signs.

(c)

Drive-through facilities.

(1)

Establishments may have one canopy sign at the location of drive-through facilities and automatic teller machines (ATM). The area of the sign shall not be counted towards the maximum allowable signage.

(2)

One menu sign may be permitted per drive-through service facility, including banks, photography dropoffs, restaurants, or pharmacies. The sign may be free standing or attached to the building. The sign shall be located in such a way that the operator of a motor vehicle can read the menu sign from the vehicle and have a two-way communication with the service attendant. Menu signs shall be at least five feet from the property line, shall have only one face, shall not exceed 50 square feet in sign area, and shall not exceed eight feet in height. The area of such signs shall not be counted towards the maximum allowable signage.

(d)

Search lights. Revolving beacons and search lights may be permitted for special events in industrial and commercial properties. They shall be permitted no more than six days of a calendar year and shall be directed away from residential areas and public streets. A temporary sign permit (no fee) is required from the zoning administrator.

(e)

Through lots. Through lots shall be permitted two monument signs, one on each frontage. Each ground sign must oriented towards its respective frontage.

(f)

Temporary signs.

(1)

Temporary use of portable or moveable signs shall be allowed in excess of and in addition to the sign limitations of this section.

(2)

Temporary signs shall comply with the following general provisions:

a.

A permit is required prior to the placement or installation of temporary signage.

b.

A permit shall be obtained from the zoning administrator for each location and time period for placement of such signs. A fee may be established by council resolution. A permit shall be valid for a period of eight consecutive days and signage shall be removed upon expiration of the permit.

c.

All requests for temporary signage shall be applied for by the property owner/manager.

d.

No business shall be allowed more than eight such periods in any 12-month period. Multitenant business centers may have eight such periods in any 12-month period per business which has an exclusive exterior entrance. Businesses within multitenant centers may transfer unused permits to other businesses on the same subject property.

e.

Such signs shall be limited to 32 square feet in area.

f.

Such signs shall only be permitted in B-1, B-2, and B-3, M-1, and M-2 zoning districts.

g.

Temporary ground signs shall be set back a minimum of five feet from property lines. temporary signs shall not encroach into the required sight triangle as defined by section 5-20(b).

h.

Temporary signs shall be located on the property which the advertising pertains to.

i.

All temporary signs must be maintained and not frayed, torn or tattered.

j.

Temporary signage shall adhere to the regulations set forth in section 10-1698.

(g)

Franchise architecture. Exterior façade colors shall be predominately muted shades of color that are subtle, neutral, or earth tone. Colors shall be uniformly distributed on each façade of the building. The exterior design may substitute natural stone or unpainted brick for painted colors. The use of high intensity fluorescent colors is prohibited. Traditional primary colors (red, blue and yellow) may be used for accents that comprise less than five percent of a façade. For the purposes of this section, muted colors, also referred to as desaturated or subdued colors, are ones that have been softened by adding gray or a complementary color to reduce their brightness and intensity.

(Code 2015, § 10.87(6); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 1-14-2013; Ord. No. O-2024-0226-2, 2-26-2024)

(a)

This section shall be enforced pursuant to article XI, division 7, of this chapter.

(b)

The zoning administrator may grant administrative variances from the monument sign requirements for uses in existence on the effective date of the ordinance from which this chapter is derived if a valid hardship is constituted by article XI, division 5, of this chapter. The zoning administrator's decision may be appealed to the city council.

(Code 2015, § 10.87(7); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 1-14-2013)

Any sign legally existing on the effective date of the ordinance from which this section is derived which does not conform to the requirements set forth in this section shall be considered a nonconforming sign. Nonconforming signs shall comply with the following requirements:

(1)

Normal maintenance of signs shall be allowed including the repair, replacement, and repainting of a sign face, lettering, or other sign material, so long as the location, configuration, and sign area of the sign remain the same. Existing signs painted directly on an exterior building as an off-premises advertising sign, deemed by the council as having historical or cultural value, may be restored to its original condition in repainting.

(2)

Nonconforming ground/pylon signs or pylon sign structures may continue to be used for signage until the business operating the principal use of the property changes and sign changes are proposed or redevelopment of the property occurs, unless otherwise provided for in the B-1 and B-2 zoning districts.

(Code 2015, § 10.87(8); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 1-14-2013)

The ground area around the base or the base of the sign of the monument and ground/pylon signs shall be landscaped with shrubs and ground cover equal to the area of the 50 percent of sign face. The landscaping shall consist of shrubs and ground covers that can withstand the environmental conditions of the site, will provide seasonal interest.

(Code 2015, § 10.87(9); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 1-14-2013)

(a)

T districts shall permit the following: One nameplate or professional identification of not more than one square foot in size identifying the owner or occupant.

(b)

R-1, R-2, R-3, and R-4 districts shall permit the following:

(1)

One nameplate or professional identification sign or not more than one square foot in size in identifying the owner or occupant.

(2)

Religious uses, fraternal or civic uses, public institutions, nonresidential, or residential development uses identification signs not exceeding 32 square feet in area. Such identification signs may be wall or ground-mounted or combination thereof. A monument sign shall not exceed eight feet in height. There may be a second sign if the use abuts two or more public streets.

(3)

A landscaping area shall be provided around the base of the sign in accordance with section 10-1702.

(c)

R-T districts shall permit the following: One nameplate or professional identification of not more than one square foot in size identifying the owner or occupant.

(d)

OR districts shall permit the following:

(1)

The following shall apply to non-office uses:

a.

Religious uses, fraternal or civic uses, public institutions, or residential developments identification signs not exceeding 32 square feet in area. Such identification signs may be wall or monument-mounted or combination thereof. There may be a second sign if the use abuts two or more public streets.

b.

The maximum height of a monument sign shall not exceed eight feet.

c.

A landscaping area shall be provided around the base of the sign in accordance with section 10-1702.

(2)

The following shall apply to office uses:

a.

The total area of business or office signs shall not exceed the front linear frontage of the lot.

b.

Maximum height of a monument sign shall not exceed eight feet.

c.

No more than two signs shall be permitted, not more than one being a monument sign.

d.

A landscaping area shall be provided around the base of the sign in accordance with section 10-1702.

(e)

Institutional overlay districts shall permit the following:.

(1)

Religious uses and public institution identification signs not exceeding 32 square feet in area. Such identification signs may be wall or monument-mounted or combination thereof. A monument sign shall not exceed eight feet in height. There may be a second sign if the use abuts two or more public streets.

(2)

A landscaping area shall be provided around the base of the sign in accordance with section 10-1702.

(f)

O districts shall permit the following:

(1)

Wall or ground signs identifying the name or type of business.

(2)

The total area of business or office signs shall not exceed the front linear frontage of the lot.

(3)

Maximum height of a monument sign shall not exceed eight feet.

(4)

No more than two signs shall be permitted, not more than one being a monument sign.

(5)

A landscaping area shall be provided around the base of the sign in accordance with section 10-1702.

(g)

CBD-C and CBD-F districts shall permit the following: The maximum total signage area of all signs and franchise architecture should not exceed more than two times the front linear frontage of the lot.

(1)

Monument signs.

a.

Monument signs greater than eight feet in height shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors. A solid continuous background area should be provided from the ground to the top of the sign either a combination of Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.

b.

Monument sign height may be ten percent of the front linear frontage of a lot with not less than ten feet required or more than 15 feet permitted.

c.

No more than one monument sign shall be permitted per zoning lot except through lots.

d.

The square foot area of such sign shall not exceed the front linear frontage of the zoning lot.

e.

The sign face shall occupy at least 50 percent of the monument sign.

f.

A landscaping area shall be provided around the base of the sign in accordance of section 10-1702.

g.

Signs should exhibit a sense of continuity through the use of a uniform color of the metal surround. Monument signs should be required to be constructed of materials of either the same as the principal structure or appear the same. The use of Kasota Stone or matching precast concrete is encouraged within the composition of the sign and implementing such materials will reduce the landscaping requirements of section 10-1702 by 50 percent.

h.

Monument signs shall be set back a minimum of five feet from property lines.

i.

Multitenant business centers will be allowed to have one joint identification monument sign.

(2)

Wall signs.

a.

Wall signs on any building shall not exceed ten percent of the wall area used for retail purposes.

b.

Wall signs may be located on each wall of a building. Signs facing residential zoning districts shall be nonilluminated.

c.

Multitenant business centers may have one wall sign per business which has an exclusive exterior entrance. A second wall sign may be allowed if a tenant has an additional exclusive exterior entrance on a second wall. All wall signs shall not exceed more than ten percent of the wall area.

d.

Projecting signs, including canopy and awning signs, as well as wall signs, will be permitted within the CBD-C and CBD-F districts. Projecting signs and awnings shall have a minimum clearance of seven feet above a public sidewalk, provided that the requirements of chapter 14, article II, division 2 are met. Such signs shall not project more than six feet from the building. The entire awning shall be counted towards the maximum sign area if the awning is internally lit.

e.

Wall signs shall not project above the roof level.

(h)

B-1 districts shall permit the following: The maximum total signage area of all signs and franchise architecture should not exceed more than two times the front linear frontage of the lot.

(1)

Monument signs.

a.

Monument signs greater than eight feet in height shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors. A solid continuous background area should be provided from the ground to the top of the sign with either a combination of Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.

b.

Monument sign height may be ten percent of the front linear frontage of a lot with not less than ten feet required or more than 15 feet permitted.

c.

No more than one monument sign shall be permitted per zoning lot, except through lots.

d.

The square foot area of such signs shall not exceed the front linear frontage of the zoning lot.

e.

The sign face shall occupy at least 50 percent of the monument sign.

f.

A landscaping area shall be provided around the base of the sign in accordance with section 10-1702.

g.

Signs should exhibit a sense of continuity through the use of a uniform color of the metal surround. Monument signs should be required to be constructed of materials of either the same as the principal structure or appear the same. The use of Kasota Stone or matching precast concrete is encouraged within the composition of the sign and implementing such materials will reduce the landscaping requirements of section 10-1702 by 50 percent.

h.

Monument signs shall be set back a minimum of five feet from property lines.

i.

Multitenant business centers will be allowed to have one joint identification monument sign.

j.

Ground signs in existence on the effective date of the ordinance that are greater than eight feet in height shall conform to the following upon the occurrence of a change in the business operating the principal use and sign changes are proposed:

1.

The support of the sign shall provide a continuous background of at least one-third of the sign width, accomplished by a metal shroud or another approved means.

2.

The base of the signs must consist of a raised planting bed or planter made of brick, stone, landscaping masonry blocks.

3.

The sign shall conform to the height standards of this district.

Upon the redevelopment of any property, the ground sign shall conform with monument sign requirements of this section.

(2)

Wall signs.

a.

Total wall signage on any wall of any building shall not exceed ten percent of the respective wall area.

b.

Wall signs may be located on each wall of a building. Signs facing residential zoning districts shall be nonilluminated.

c.

Wall signs shall not project above the roof level.

d.

Wall signs shall not project in excess of 12 inches with the exception of canopies or awnings that do not overhang the public right-of-way.

e.

Projecting signs, including canopy and awning signs, shall only be allowed in the following areas of the B-1, Community Business District: Properties located on both sides of North Riverfront Drive from Spring Street to Madison Avenue and both sides of Front Street from Liberty Street to Marshall Street (refer to exhibit A of the ordinance from which this division is derived.) provided such signs conform to the Urban Design Framework Manual. Projecting signs and awnings shall have a minimum clearance of seven feet above a public sidewalk. Such signs shall not project more than six feet from the building and the sign area of projecting signs shall not exceed 32 square feet. The entire canopy or awning shall be counted towards the maximum sign area if the awning is internally lit.

(i)

B-2 districts shall permit the following: The maximum total signage area of all signs and franchise architecture should not exceed more than two times the front linear frontage of the lot.

(1)

Monument signs.

a.

Monument signs greater than eight feet in height shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors. A solid continuous background area should be provided from the ground to the top of the sign with a combination of either Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.

b.

Monument sign height may be ten percent of the front linear frontage of a lot with a maximum height not to exceed 15 feet.

c.

No more than one monument sign shall be permitted per zoning lot, except through lots.

d.

The square foot area of such signs shall not exceed the front linear frontage of the zoning lot.

e.

The sign face shall occupy at least 50 percent of the monument sign.

f.

A landscaping area shall be provided around the base of the sign in accordance with section 10-1702.

g.

Signs should exhibit a sense of continuity through the use of a uniform color of the metal surround. Monument signs should be required to be constructed of materials of either the same as the principal structure or appear the same. The use of Kasota Stone or matching precast concrete is encouraged within the composition of the sign and implementing such materials will reduce the landscaping requirements of section 10-1702 by 50 percent.

h.

Monument signs shall be set back a minimum of five feet from property lines.

i.

Multitenant business centers will be allowed to have one joint identification monument sign.

j.

Existing nonconforming signs.

1.

Ground signs in existence on the effective date of the ordinance from which this division is derived that are greater than eight feet in height shall conform to the following upon the occurrence of a change in the business operating the principal use and sign changes are proposed:

(i)

The support of the sign shall provide a continuous background of at least one third of the sign width, accomplished by a metal shroud or another approved means.

(ii)

The base of the signs must consist of a raised planting bed or planter made of brick, stone, landscaping masonry blocks.

(iii)

The sign shall conform to the height standards of this district.

2.

Upon the redevelopment of any property, the ground sign shall conform with monument sign requirements of this section.

k.

Properties abutting an elevated four-lane highway may have a monument sign 20 feet in height.

(2)

Wall signs.

a.

Total wall signage on any wall of any building shall not exceed ten percent of the respective wall area.

b.

Wall signs may be located on each wall of a building. Signs facing residential zoning districts shall be nonilluminated.

c.

Wall signs shall not project above the roof level.

d.

Wall signs shall not project in excess of 12 inches with the exception of canopies or awnings that do not overhang the public right-of-way.

(j)

B-3 districts shall permit the following: The maximum total signage area of all signs and franchise architecture should not exceed more than three times the front linear frontage of the lot.

(1)

Monument signs.

a.

Monument signs greater than eight feet in height shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors. A solid continuous background area should be provided from the ground to the top of the sign with a combination of either Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.

b.

Monument sign height may be a maximum of 20 feet.

c.

No more than one monument sign shall be permitted per zoning lot except through lots.

d.

The square foot area of such signs shall not exceed the front linear frontage of the zoning lot.

e.

The sign face shall occupy at least 50 percent of the monument sign.

f.

A landscaping area shall be provided around the base of the sign in accordance with section 10-1702.

g.

Signs should exhibit a sense of continuity through the use of a uniform color of the metal surround. Monument signs should be required to be constructed of materials of either the same as the principal structure or appear the same. The use of Kasota Stone or matching precast concrete is encouraged within the composition of the sign and implementing such materials will reduce the landscaping requirements of section 10-1702 by 50 percent.

h.

Monument signs shall be set back a minimum of five feet from property lines.

i.

Multitenant business centers will be allowed to have one joint identification monument sign.

(2)

Pylon/ground signs.

a.

A zoning lot which has a front linear frontage of greater than 500 feet may have a ground/pylon sign and a monument sign or two monument signs.

b.

A zoning lot which has front linear frontages of greater than 500 feet on multiple property frontages may have a ground/pylon or a monument sign on each frontage that exceeds 500 feet, provided the total number of ground/pylon signs on the property shall not exceed four signs.

c.

Ground/pylon signs may not exceed more than 30 feet high. Pylon signs may exceed district height standards, provided that the maximum height to the top of the sign shall not exceed 15 feet above the grade elevation of such elevated four lane state or federal highway directly adjacent to such property on which the sign is positioned with a conditional use permit. Such signs shall apply towards the maximum number of monument/pylon signs permitted on the property.

d.

Ground/pylon signs shall be set back a minimum of five feet from property lines.

e.

The structural supports for such signs must be covered or concealed with pole covers.

(3)

Wall signs.

a.

Total wall signage on any wall of any building shall not exceed ten percent of the respective wall area.

b.

Wall signs may be located on each wall of a building. Signs facing residential zoning districts shall be nonilluminated.

c.

Wall signs shall not project above the roof level.

d.

Wall signs shall not project in excess of 12 inches with the exception of canopies or awnings that do not overhang the public right-of-way.

(k)

PI, M-1 and M-2 districts shall permit the following: The maximum total signage area of all signs and franchise architecture should not exceed more than two times the front linear frontage of the lot.

(1)

Monument signs.

a.

Monument signs greater than eight feet in height shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors. A solid continuous background area should be provided from the ground to the top of the sign with a combination of either Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.

b.

Monument signs may not exceed more than 15 feet.

c.

No more than one monument sign shall be permitted per zoning lot, except through lots.

d.

The square foot area of such signs shall not exceed the front linear frontage of the zoning lot.

e.

The sign face shall occupy at least 50 percent of the monument sign area.

f.

A landscaping area shall be provided around the base of the sign in accordance with section 10-1702.

g.

Signs should exhibit a sense of continuity through the use of a uniform color of the metal surround. Monument signs should be required to be constructed of materials of either the same as the principal structure or appear the same. The use of Kasota Stone or matching precast concrete is encouraged within the composition of the sign and implementing such materials will reduce the landscaping requirements of section 10-1702 by 50 percent.

h.

Monument signs shall be set back a minimum of five feet from property lines.

i.

Multitenant business centers will be allowed to have one joint identification monument sign.

(2)

Wall signs.

a.

Total wall signage on any wall of any building shall not exceed ten percent of the respective wall area.

b.

Wall signs may be located on each wall of a building. Signs facing residential zoning districts shall be nonilluminated.

c.

Wall signs shall not project above the roof level.

d.

Wall signs shall not project in excess of 12 inches with the exception of canopies or awnings that do not overhang the public right-of-way.

(Code 2015, § 10.87(10); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 7-12-2004; Ord. of 7-11-2011; Ord. of 1-14-2013; Ord. of 9-22-2014)

(a)

Off-premises signs shall be permitted in the B-3, M-1, and M-2 districts located along designated state and federal highways, provided that the standards in Letter C of this section are met.

(b)

Existing off-premises signs located within the B-3, M-1, and M-2 districts may be moved or reconstructed pursuant to a conditional use permit and, provided that the new sign would be located along the same right-of-way, is located within the continuous zoning district as the existing sign, and complies with subsection (c) of this section.

(c)

Off-premises signage shall meet the following standards:

(1)

Shall be located on a platted lot and considered to be the principal use of the property.

(2)

Shall be allowed only in areas adjacent to a state or federal highway.

(3)

Shall not be allowed within 1,000 feet of the middle of intersecting rights-of-way of principal arterials as defined by Figure 10 of the adopted city transportation plan and 300 feet from the middle of other intersecting roadways.

(4)

Shall not exceed 700 square feet in total area. Maximum allowable signage shall be computed on the basis of one side of any double-faced sign.

(5)

Shall not exceed 30 feet in height. Sign height shall be measured from ground grade elevation to the highest point of the sign. Signs abutting an elevated highway may exceed the maximum height requirement, provided that the top of the sign shall not exceed 15 feet above the grade elevation of such elevated four lane highway directly adjacent to such property on which the sign is positioned.

(6)

Shall not be within 200 feet of a residential zoning district, park, playground, school, or building used for religious purposes.

(7)

Signs on the same side of the highway shall have a minimum separation of 1,500 linear feet. This may be reduced to 1,000 feet if an existing nonconforming off-premises sign located within the city is removed.

(8)

Shall be set back from all street right-of-way lines a minimum of 20 feet, except as provided in subsection (c)(9) of this section.

(9)

When a sign is to be located along a designated highway, where such sign is not adjacent to a front property line, there shall be a minimum setback of five feet.

(10)

The area around a ground/pylon-mounted off-premises sign shall be appropriately landscaped in accordance with section 10-1703.

(11)

All ground/pylon support structures shall be monopole design and shall meet appropriate building codes pertaining to the general provisions of this section. The exposed upright or superstructure shall be painted a neutral color.

(12)

Lighting for such signs shall comply with section 10-1774.

(13)

Off-premises signs located on a roof shall not be permitted.

(14)

Shall not be allowed within 1,320 feet of areas designated as Minnesota River Valley Scenic Byway as designated by the Federal Highway Administration.

(d)

Off-premises signs for neighboring businesses. Off-premises ground signs for businesses that are adjacent to one another may be permissible with the following conditions:

(1)

The sign height of a ground sign may be 125 percent of the maximum sign height for the zoning district.

(2)

The sign area for the signs may be the cumulative area of the allowable signage for all businesses.

(3)

The design and setbacks of such signs must conform with the other provisions of this article.

(4)

The sign will count as the ground sign for each property.

(Code 2015, § 10.87(11); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 9-10-2007; Ord. of 1-14-2013)

(a)

Any erection of a sign in the Downtown Design Review District shall comply with guidelines in article VI, division 2, of this chapter and with the standards established by the city council in the Urban Design Framework Manual and a sign plan shall be submitted denoting the location, size, number, and color of proposed signs.

(b)

The design, color, and materials of signage shall be consistent with the building, its surroundings and the historical character of the area.

(c)

No sign shall obscure the architectural features of the building it is attached to.

(d)

Pylon signs are not permitted in the Downtown Design Review District.

(Code 2015, § 10.87(12); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 1-14-2013)

(a)

Purpose. The Skyline Logo District is intended to allow for limited installation of high-quality, aesthetically-appealing skyline logos upon the rooftop of buildings within the district. The city council finds that the area's visibility, public and private assets, and economic importance gives rise to the need for a special approach to allowing for unique rooftop signage in this area. Skyline logo signage shall achieve the following:

(1)

Complement the architectural elements of the buildings upon which they are located.

(2)

Promote the goals of adopted plans and strategies for redevelopment and livability within the district.

(3)

Protect the defining character of historically-significant buildings, as per the standards of section 10-1508.

(b)

District established. The Skyline Logo District shall include the areas as-noted upon the Skyline Logo District Map.

(c)

Conditional use permit required. Any skyline logo shall require review and approval of a conditional use permit by the city council prior to fabrication or installation. An application for a conditional use permit for skyline logo shall include the following information and materials for review:

(1)

Narrative describing proposed skyline logo and its connection to the building or business and how it will enhance the community and livability of the district.

(2)

Proposed sign design, materials, dimensions, layout, and graphics.

(3)

Proposed illumination or lighting, if any.

(4)

Structural engineering details, including system for anchoring to rooftop, prepared and signed by a registered professional engineer.

(5)

Plan denoting location upon building rooftop.

(6)

Rendering of proposed sign as visible from the highest, lowest, and average elevation points within one-quarter mile visible from a public roadway or sidewalk.

(7)

For properties designated as heritage preservation landmarks by the city heritage preservation commission, a statement of review and approval of the heritage preservation commission.

(d)

Eligible properties. Applicants for skyline logo signage shall meet the following requirements for eligibility:

(1)

The building which the skyline logo is to be located upon shall have a minimum height of three stories, as measured from grade, or have height and location sufficient for exposure and sightlines to be visible per the review of the planning commission.

(2)

The building is not within 200 feet of another building which has an approved skyline logo, unless it is determined by the planning agency and city council that a reduced spacing complies with the purpose and intent of this article and adopted plans of the city.

(3)

If the building has been designated as a heritage preservation landmark by the city heritage preservation commission, per the standards of section 10-1508, the applicant must have approval of the heritage preservation commission to pursue the proposed skyline logo.

(e)

Design criteria. Skyline logos shall adhere to the following design criteria:

(1)

Skyline logos may only be located upon a building rooftop and shall be permanently affixed to the roof.

(2)

Only three-dimensional symbols, graphics, or figures may be allowed. Panel or box signs and text or commercial advertising or display are prohibited.

(3)

Any illumination must be constant and may not flash.

(4)

Electronic or dynamic message displays or panels are prohibited.

(5)

The skyline logo shall comply with section 10-1773 and 10-1774.

(f)

Size and location. Skyline logos shall adhere to the following size and location criteria:

(1)

Skyline logos may have a maximum square footage of 25 percent of the average of the wall area of exterior walls adjacent to public streets or alleys.

(2)

Skyline logos and associated structural support elements may not block or otherwise impede necessary roof access points.

(Code 2015, § 10.87(13); Ord. of 10-22-1990; Ord. of 11-26-1990; Ord. of 10-12-1992; Ord. of 2-23-1998; Ord. of 4-25-1999; Ord. of 1-14-2013)

(a)

All undeveloped lots and parcels shall be mowed and kept free of accumulation of garbage, trash, refuse, debris, and other unsightly or nuisance creating materials until developed. Except for accessory uses expressly permitted to be located in required yards, all yards and open spaces between and about structures and off-street parking lots and loading areas shall be landscaped and kept free from accumulations of garbage, trash, refuse, debris, and other unsightly or nuisance creating materials. All landscaping shall be continually maintained by the owner or other person responsible for maintenance of the premises, and all planting areas shall be kept free of weeds and debris.

(b)

All planting material shall be of good quality, of species normally grown in the state and capable of withstanding the extremes of individual site microclimates. All specifications for measurement, quality, and installation of trees and shrubs shall be in accordance with the American Standards for Nursery Stock, published by the American Association of Nurserymen.

(c)

Landscaping and screening required by this section shall be interrupted only by required access drives and sidewalks. All landscaping and screening required by this section shall be so designed and maintained as to preserve unobstructed vision of the street and sidewalk at points of access and as not to interfere with, or be damaged by, work within any public or utility easement unless the zoning administrator shall determine that no other location is reasonably feasible.

(Code 2015, § 10.88(1))

A landscaping plan, and the implementation and maintenance of such plan, shall be required for all uses, except for one- and two-family dwellings.

(Code 2015, § 10.88(2))

Wherever the submission and approval of a landscape plan is required by this article, the landscape plan and its maintenance shall be part of the certificate of occupancy. No certificate of occupancy shall be issued without approval of a landscape plan. Failure to implement the approved landscape plan within six months of the issuance of a certificate of occupancy shall be cause for revocation of the certificate of occupancy pursuant to section 10-1983.

(1)

Content of landscape plan. All landscape plans submitted for approval shall contain or have attached thereto the following information:

a.

The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and rights-of-way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, tot lots and other recreational facilities, and other freestanding structural features as determined necessary by the zoning administrator.

b.

The location, quantity, size and name, both botanical and common names, of all proposed planting materials.

c.

The location of existing buildings, structures, and plant materials on adjacent property within 100 feet of the site.

d.

Existing and proposed grading of the site, including proposed berming, indicating contours, at one-foot intervals.

e.

Specification of the type and boundaries of all proposed ground cover.

f.

Elevations of all fences proposed for location on the site.

g.

Irrigation plan.

h.

Elevations, cross sections and other details as determined necessary by the zoning administrator.

(2)

Design criteria. Landscaping plans described above shall be prepared based on the following design criteria. The evaluation and approval of landscape plans shall also be based on these design criteria.

a.

Scale and nature of landscaping material. The scale and nature of landscaping materials should be appropriate to the size of the structures. Large-scale buildings, for example, should generally be complemented by larger scaled plants. Landscaping of larger areas, such as required yards, should be accomplished by both horizontal landscaping elements, such as planting beds, and vertical landscaping elements, such as trees, berms, and fences.

b.

Selection of plant material. Plant material should be selected for its form, texture, color, and concern for its ultimate growth. The use of Silver Maples, Box Elders, Russian Olives, Tree of Heaven, Mulberry, Poplars, and other weak wooded species should be avoided.

c.

Evergreens. Evergreens should be incorporated into the landscape treatment of a site, particularly in those areas screening parking lots from dedicated public rights-of-way or property zoned for residential use. All evergreens shall have a minimum height of six feet.

d.

Shade trees. All shade trees shall have a minimum trunk size at the time of installation of 2 ½ inches in diameter, as measured by a caliper six inches above the established ground level.

e.

Softening of walls and fences. Plant material should be placed intermittently against long expanses of building walls, fences, and other barriers to create a softening effect.

f.

Planting bed. Planting beds should be mulched with bark chips, rock mulch, feather rocks, or similar materials.

g.

Detention, retention, basins, and ponds. Detention/retention basins and ponds shall be landscaped. Such landscaping should include shade and ornamental trees, evergreens, shrubbery, hedges, or other planting materials.

h.

Watering plant material. A permanent means of watering plant material should be provided. Installation of an underground irrigation system is recommended.

i.

Energy conservation.

1.

Deciduous trees should be placed on the south and west sides of buildings and parking lots to provide shade from the summer sun.

2.

Evergreens and other similar plant materials should be concentrated on the north side of buildings to dissipate the effect of winter winds.

j.

Preservation of existing plant material. Existing plant material should, wherever practical as determined by the zoning administrator, be incorporated into the landscape treatment of a site.

k.

Berming. Earthen berms, and existing topography should be, whenever determined practical by the zoning administrator, incorporated into the landscape treatment of a site, particularly when combined with plant material to facilitate screening from adjacent residential uses. Berms should be designed to allow for maintenance, mowing, and adequate drainage. The elevation and horizontal ground location of the berm should be varied in order to mimic a natural topographical feature.

l.

Fencing and walls. Fencing and walls shall conform to the restrictions of this section. When fencing is used to screen uses, the outside base of the fence or wall shall be landscaped.

(Code 2015, § 10.88(3); Ord. of 9-10-2012)

Except as expressly provided elsewhere in this article, every transitional yard shall extend along the entire length of the lot line and shall be designed and maintained to function as a buffer area. Every required transitional yard shall consist of a combination of ground cover, shade trees, evergreen trees and shrubs, and appropriate screening devices such as decorative walls, fences, or berms. Areas not planted with shrubs, trees, or other appropriate screening devices shall be maintained with living ground cover.

(Code 2015, § 10.88(4))

(a)

Every off-street parking lot containing four or more parking stalls shall be buffered and screened by perimeter landscaping consisting of an area at least three feet or greater in height as required in the yard and setback standards of each zoning district. The required perimeter landscaping area shall be measured from the back curb and excludes any parking space overhang area. The perimeter landscaping shall consist of a combination of ground cover, shade trees or evergreen trees, shrubs, and appropriate screening devices such as decorative walls, fences, or berms. Shade trees shall be provided at a rate of one tree for every 50 linear feet of perimeter length or fraction thereof. Evergreen trees shall be provided at a rate of one tree and shrub for every 25 linear feet of perimeter length of fraction thereof. Evergreen trees shall be maintained at a height of not less than six feet. Subject to approval by the zoning administrator, ornamental trees and shrubs may be substituted for shade trees and evergreens. Areas not planted with shrubs, trees, or other appropriate screening devices shall be maintained with living ground cover, or planting beds with bark or rock mulch.

(b)

Off-street parking areas for more than four vehicles shall be effectively screened by a fence or densely planted hedge on each side of a parking area that adjoins or faces any property located in a residential district, unless such property is developed with a nonresidential use. Such fence or hedge shall be not less than four feet nor more than eight feet in height, nor be less than 80 percent opaque. If plant material is used to satisfy this screening requirement, opacity shall be effective within one year of the construction of the parking lot. Such screen shall be maintained in a good and sightly condition.

(Code 2015, § 10.88(5))

Every off-street parking lot providing 50 spaces or more shall provide interior landscaping. Interior landscaping shall consist of planting islands with a minimum area of 60 square feet and a minimum width of six feet, measured from the back of curb to back of curb. The interior landscaping shall constitute at least five percent of the area of the parking lot. Area devoted to perimeter landscaping shall not be considered as any part of interior landscaping. Where more than one planting island is provided, such islands shall be appropriately spaced throughout the parking lot. As part of site plan review, pursuant to article X, division 10, of this chapter, interior landscaping may be required for off-street parking lots containing less than 50 spaces.

(Code 2015, § 10.88(6))

Every off-street loading area visible from any lot zoned for residential use or visible from any public street, shall be screened on all sides visible from such lot or street by an opaque fence, wall, or densely planted evergreen hedge of not less than six feet in height, except as necessary for access.

(Code 2015, § 10.88(7))

All refuse and recyclable material containers, except those containers used by a one-family dwelling in connection with the municipal refuse collection service or those containers used on a temporary basis for a construction or disposal activity, shall be fully enclosed by a gated opaque fence or wall of a sufficient height to completely screen such containers from view by all adjoining properties and all streets. The fence or wall shall have an exterior finish that is similar to the material found on the exterior walls of the main building on the property or other approved material as determined by the zoning administrator. The outside base of the wall or fence shall be landscaped if the wall or fence fronts on a public street. No refuse or recyclable material containers shall be located between any front or corner side yard.

(Code 2015, § 10.88(8))

Ground-mounted antennas and antenna support structures shall be buffered and screened by a fence and a densely planted evergreen hedge of not less than six feet in height along with any other landscaping materials as may be needed. Such screening shall be provided between any such ground-mounted antennas and antenna support structure and each lot line of the property on which such antenna or antenna support structure is located so as to provide the maximum reasonably achievable screening of such antenna and antenna support structure from view by adjacent properties and public or private streets.

(Code 2015, § 10.88(9))

Except for roof-mounted antennas, all mechanical equipment located on the roof of any building constructed after the effective date of the ordinance from which this chapter is derived and exceeding six feet in height shall be completely screened to the full height of such equipment by a parapet wall or other screening structure constructed of the same or similar materials as the principal building façade.

(Code 2015, § 10.88(10))

No fence or wall shall be erected, enlarged, expanded, altered, relocated, maintained, or repaired in any yard unless it shall first meet the requirements of this section.

(1)

Construction.

a.

Prohibited material. No fence or wall shall be constructed of any electrically charged element or barbed wire, except that in the industrial districts barbed wire may be used above a height of 6 ½ feet when incorporated with a permitted fence or wall.

b.

Approved material. All fences in residential districts shall be constructed of stone, brick, finished wood, or chain link. The finished side of the fence, or that side of the fence without exposed supports or posts, shall face the neighboring properties or streets.

c.

Maintenance. Every fence or wall shall be maintained in a good and safe condition at all times. Every damaged or missing element of any fence or wall shall be repaired or replaced immediately.

(2)

Height.

a.

Side and rear yards. No fence or wall located in a side or rear yard shall be of a height exceeding eight feet, measured from its top edge to the ground at any point.

b.

Front yards. No fence or wall located in a front yard shall be of a height exceeding four feet, measured from its top edge to the ground at any point. However, in the industrial district, chain link security fencing may be installed at a height greater than four feet provided such fencing shall not exceed eight feet.

(3)

Setbacks.

a.

A fence may be located adjacent to, but not on, a property line.

b.

No fence, wall, hedge, or other screening device shall be permitted to encroach on any public right-of-way or be in violation of section 5-20.

(Code 2015, § 10.88(11))

All uses shall comply with the performance standards established in this division unless any federal, state, county, or city law, ordinance, or regulation establishes a more restrictive standard, in which case the more restrictive standard shall apply.

(Code 2015, § 10.89(1))

Any activity or operation of any use producing noise, other than ordinary vehicle noise, shall be conducted so that no noise from the activity shall be deemed a public nuisance, as declared by the city council.

(Code 2015, § 10.89(2))

Any activity or operation of any use producing glare or heat shall be conducted so that no glare or heat from the activity or operation shall be detectable at any point off the zoning lot on which the use is located. Flickering or intense sources of light shall be controlled or shielded so as not to cause a nuisance across lot lines.

(Code 2015, § 10.89(3))

(a)

Purpose and intent. The purpose of this section is to create standards for outdoor lighting which will provide for nighttime safety, security and utility while reducing light pollution, light trespass, and conserving energy. It is the intent of this article to require appropriate lighting levels, efficient (watts to lumens) lighting sources, full cutoff lighting, and to minimize/discourage lighting glare, lighting pollution and lighting trespass.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Cutoff means the point at which all light rays emitted by a lamp, light source or luminaire is completely eliminated (cut off) at a specific angle above the ground.

Cutoff angle means the maximum angle formed by a line drawn in the direction of emitted light rays at the light source and a line perpendicular to the ground from the light source.

Footcandle means a unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.

Full cutoff-type luminaire means a luminaire constructed or shielded to direct all light at a cutoff angle of less than 90 degrees. The term "full cutoff-type luminaire" is also referred to as a horizon limited luminaire.

Glare means direct light emitted from a light source which causes eye discomfort.

Light pollution means the shining of light produced by a luminaire above the height of the luminaire and into the sky.

Light trespass means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

Lighting districts means the districts as depicted on the official district lighting map. The official lighting district map shall be considered part of this article.

Luminaire means a complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

(c)

General standards. In addition to the regulations specific to each lighting district outlined in subsection (g) of this section, the following provisions shall apply:

(1)

General standards for lighting on private property.

a.

No flashing light shall be permitted.

b.

Light for outdoor advertising shall be designed to function as full cutoff luminaires. Lighting intended for outdoor advertising which projects light into the sky shall be prohibited. The temporary use of lasers and spotlights that project light into the sky may be allowed subject to the restrictions of temporary signs contained in article X, division 7, of this chapter.

c.

Light sources or luminaires shall not be located within transitional yards except along pedestrian walkways.

d.

All luminaires located on commercial, industrial, or institutional property shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of an observer standing a point five feet above grade on the lot line abutting a transitional yard or at any location on residentially zoned property.

e.

All luminaires located on private property shall be designed or positioned so that the maximum illumination at the property line shall not exceed one-half footcandle.

f.

The use of exterior lighting for nonresidential uses shall observe the same hours of operation as the use itself, except that a minimum level of lighting for security purposes may be left on beyond the normal hours of operation.

g.

Lighting for canopies covering fueling stations at automobile service stations and drive-through facilities shall not illuminate abutting properties and the luminaires shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of an observer standing at the property line at a point five feet above grade.

h.

Because of their unique requirement for nighttime visibility and their limited hours of operations, ball diamonds, playing fields and tennis courts are exempted from the general standards of this section. Lighting for these outdoor recreational uses shall be shielded to minimize light and glare from spilling over onto adjacent residential properties. The maximum permitted illumination at the property line shall not exceed two footcandles.

i.

As part of the approval of public street or sidewalk projects, the city council may vary from the requirements of this section.

j.

The illumination levels contained in the Lighting Handbook, Illuminating Engineering Society of North America, as amended from time to time, shall be used as a guide for providing adequate and safe illumination levels. The city council may require conformance with the illumination levels contained in the Lighting Handbook, Illuminating Engineering Society of North America, as part of the review and approval of a private or public development project.

(2)

Method of measurement.

a.

Illumination levels shall be measured in footcandles with a meter sensor in a horizontal position at an approximate height of three feet above grade. Maximum illumination readings are to be taken directly beneath the luminaire. Readings should normally be taken after a cumulative initial lamp burn-in period of at least 200 hours. To determine minimum permitted illumination, illumination levels shall be measured in footcandles with a meter sensor in a horizontal position at an approximate height of three feet above grade. The point at which readings shall be taken is dependent upon the area classification and fixture arrangement as follows:

1.

Opposite spaced street lighting (requires two readings). Readings should be taken as described above:

(i)

At the center of the street, equidistant between two sets of fixtures; and

(ii)

At the curbline equidistant between two fixtures on the same side of the street.

2.

Public sidewalks—Sharing a lighting system with the street. Readings should be taken as described above at the farthest house side of the pavement, equidistant between two fixtures.

3.

Public sidewalks—Separate lighting system from street lighting. Readings should be taken as described above in the center of the pavement, equidistant between two fixtures.

4.

Parking areas—Perimeter lit. Readings should be taken as described above equidistant between two fixtures at the perimeter, as well as at the location of the property farthest from the fixtures.

5.

Parking areas—Centrally lit or combination of central/perimeter lighting. Readings should be taken as described above in the center of large parking areas, equidistant between all of the fixtures illuminating the area. If perimeter lighting is also used, take readings as described in parking areas, perimeter lit.

b.

In instances where only one fixture is located on a property, the minimum illumination level shall be measured in footcandles with a meter sensor in a horizontal position located approximately three feet above grade. Readings should be taken at the location on the property farthest from the fixture.

(d)

Exemptions. The following are exempt from the standards contained in this section:

(1)

Decorative seasonal lighting with a power rating of less than or equal to 75 watts.

(2)

Lighting for one- and two-family dwellings, provided that the lamps have a power rating of less than or equal to 75 watts, a cutoff component is incorporated in the design of the luminaire, and the lighting level at the property line shall not exceed the maximum level contained in subsection (c) of this section. The maximum lighting level at the property line may be exceeded in cases where the lamp is turned on and off by a motion sensor and the lamp is not on for a continuous period exceeding ten minutes.

(3)

Temporary emergency lighting used by police, firefighters, or other emergency services, as well as all vehicular luminaires.

(4)

Hazard warning luminaires which are required by federal regulatory agencies.

(5)

Lighting utilized for the purpose of illuminating the flag of the United States of America, provided each luminaire shall be limited to 150 watts, with a maximum number of two luminaires. The light fixtures shall incorporate a cutoff component in the design of the luminaire, and the light source shall be directed at the flag and arranged to minimize the amount of light pollution, trespass, or glare on to adjacent properties and public streets. This exemption shall apply only to flags displayed on flagpoles.

(e)

Exterior lighting plan required.

(1)

A lighting plan shall be required any time exterior lighting is proposed, or modified, that is associated with use of greater intensity than a one- or two-family dwelling. The lighting plan shall be submitted with the site plan information required in section 10-1812.

(2)

The plan shall be prepared by a certified engineer, architect, landscape architect or lighting engineer or designer. The plan shall identify the location, size, type of luminaire, height of luminaire, a photometric plan of the site, and fixture data sheets. The plan shall also contain a certification by the property owner or agent and the preparer of the plan that the exterior lighting depicted on the plan complies with the requirements of this subsection. Once the plan is approved, the exterior lighting of the property shall conform to the plan.

(f)

Nonconforming luminaires.

(1)

Exterior lighting luminaires in existence on the effective date of the ordinance from which this chapter is derived shall be exempt from the standards of this section and shall be considered legally nonconforming. Such fixtures may be repaired and maintained; however, if any legal nonconforming luminaire is moved or damaged by any means to an extent that its total replacement is necessary, the luminaire, or replacement, shall comply with this section.

(2)

Exterior lighting luminaires existing on the effective date of the ordinance from which this chapter is derived which are located on private commercially zoned property and are found to direct light or glare to private property located in a residential zoning district may be declared a public nuisance if the level of illumination on private property located in the residential zoning district, which is caused by the luminaire, is equal to or greater than one-half footcandle. Such fixtures shall be altered to reduce the level of illumination in the residential zoning district to less than one-half footcandle within six months of receiving a written notice of violation from the zoning administrator.

(g)

District standards. The zones referred to in the standards are depicted on the official lighting map, as adopted as part of this section.

(1)

Downtown lighting district. Luminaires located in the downtown lighting district shall have a design that allows not more than ten percent of the light from the luminaire to be projected above the fixture. Luminaires shall be designed to provide adequate pedestrian illumination levels as outlined in Lighting Handbook, Illuminating Engineering Society of North America. The appearance of luminaires shall be complementary and compatible with significant architectural features or themes found in the downtown lighting district.

(2)

General lighting district. Luminaires located in the general lighting district (GLD) shall be designed to function as full cutoff luminaires and prevent light from the luminaire to be projected into the sky or across zoning lot lines. Exceptions to the full cutoff requirement of this district may be approved by the city council as part of the review and approval of an institutional overlay district, planned unit development, or street improvement. Standards for considering an exception include all of the following:

a.

The proposed development or district is characterized by a high degree of pedestrian traffic.

b.

The purpose and design of the luminaire are to provide adequate pedestrian illumination levels as outlined in Lighting Handbook, Illuminating Engineering Society of North America.

c.

The purpose of the luminaire's design is to be compatible with significant architectural features or themes associated with the development or planning area.

d.

No full cutoff of luminaire is available which is architecturally compatible with the development and provides adequate illumination levels for pedestrian traffic.

e.

The design of the fixture incorporates a cutoff component which allows a minimal amount of light emitted from the luminaire to be projected above the height of the luminaire.

f.

The luminaire shall comply with all other requirements of this section.

(Code 2015, § 10.89(4); Ord. of 8-25-1997, subd. 4)

(a)

Dust. Dust and other types of air pollution borne by the wind from sources such as storage areas, yards, roads, bulk materials, conveying equipment and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means.

(b)

Fugitive particulate matter. No person shall cause or allow the emission or movement of fugitive particulate matter across the lot lines of a zoning lot. This requirement shall not apply when the wind speed is greater than 25 miles per hour.

(Code 2015, § 10.89(5))

Electromagnetic interference from any operations of any use in any district shall not adversely affect the operation of any equipment located off the zoning lot on which such interference originates.

(Code 2015, § 10.89(6))

The regulation of odors shall conform to state law.

(Code 2015, § 10.89(7))

Except as specifically permitted by this article, all raw materials, supplies, finished or partially finished products, and equipment shall be stored within an enclosed building, unless the items are used in connection with an approved construction activity.

(Code 2015, § 10.89(8))

In order to ensure compliance with the performance standards set forth in this division, the zoning administrator may require an owner of any permitted or allowed use to have made such investigations and tests as may be required to show adherence to the performance standards. Such investigations and tests as are required to be made shall be carried out by an independent testing organization as may be agreed upon by all parties concerned, or, if there is failure to agree, by such independent testing organization as may be selected by the zoning administrator. The cost incurred in having such investigations or tests conducted shall be the responsibility of the owner or operator.

(Code 2015, § 10.89(9))

Site plan review shall be required before building permits or certificates of occupancy may be issued. The planning director and zoning administrator shall have the authority to approve site plans upon consideration of all comments received from city departments, and may waive the requirements for site plan review for additions to existing buildings, structures, or uses, if, in the planning director's and zoning administrator's opinion, such addition does not substantially affect the proposed development of adjacent properties.

(Code 2015, § 10.90(1))

(a)

The intent of these regulations is to promote the safe and efficient use of land, to contribute to an orderly and harmonious appearance in the city and to ensure compliance with this Code. The site plan review process is intended to help ensure that newly developed properties and redeveloped properties are compatible with adjacent development and that traffic, public safety, overcrowding, and environmental problems are minimized to the greatest extent possible.

(b)

Site plan review shall include, but shall not be limited to, the following aspects of development:

(1)

A project's compatibility with its environment and with other existing land uses and buildings in the surrounding area.

(2)

The quantity, quality, utility, size, and type of a project's required open space and proposed landscaping improvements.

(3)

The ability of a project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians.

(4)

The quantity, quality, utility, size, and type of a project's required community facilities.

(5)

The location and adequacy of a project's provision for drainage and utilities.

(6)

Security, fire protection, and life/safety issues.

(Code 2015, § 10.90(2))

(a)

Principal uses. Site plan review approval shall be required as a condition to receiving a building permit for all permitted uses and conditional uses. Site plan review and approval shall not be required for one- and two-family dwellings, unless the establishment of the dwelling is subject to a conditional use, variance, environmental review, or a planned unit development.

(b)

Accessory uses. Site plan review shall be required for accessory uses and structures, but such uses may be reviewed in conjunction with the review of principal structures which such accessory structures are shown on the site plan.

(c)

Additional parking. Where a change of use or an increase in density of an existing structure requires additional parking, a site plan and landscape plan shall be submitted for review to ensure that the change of use can be accomplished within the purpose and intent of this article, except when such requirement is waived by the zoning administrator.

(Code 2015, § 10.90(3))

The authority of the planning director and zoning administrator through the site plan review process to require modification of a proposed site development shall be limited to the following elements in order to achieve the following objectives:

(1)

Traffic and parking.

a.

Minimizing dangerous traffic movements.

b.

Promoting the smooth and efficient flow of traffic in accordance with standards in the Institute of Traffic Engineers' Transportation and Traffic Engineering Handbook, and other local sources of authority as adopted by resolution.

c.

Optimizing the efficient use of property access and parking facilities through provision and requirement for adequate interior circulation, off-street parking stalls, turning lanes on the public right-of-way necessary to serve the development, and mass transit access.

(2)

Site layout.

a.

Promoting compatibility with adjacent and nearby properties.

b.

Preserving and protecting valuable natural features and amenities to the greatest extent practical.

c.

Promoting the efficient provision of public services.

(3)

Environmental protection.

a.

Preserving existing healthy and long-lived trees whenever possible.

b.

Designing drainage facilities to promote the use and conservation of natural watercourses and patterns of drainage.

c.

Minimizing alterations to existing topography in environmentally sensitive areas, as defined in this article and this Code.

(4)

Landscaping.

a.

Promoting the use of plant material compatible with the climate of the region and micro-climate conditions on the site.

b.

Ensuring that plant material can be maintained for long-term health and continued growth.

c.

Ensuring that the arrangement of required landscaping produces the desired visual effect.

(5)

Signage.

a.

Ensuring that the location, size, and orientation of signage does not impair the visibility of or distract motorists.

b.

Ensuring that the location, size, and orientation of signage minimize obstructions and hazards to pedestrians.

(6)

Public safety.

a.

Ensuring that adequate and unrestricted access is provided for fire and emergency vehicles.

b.

Ensuring that adequate fire hydrants are provided on the premises and that access to the fire hydrants is not restricted.

c.

Ensuring that adequate safety and security lighting is provided.

d.

Ensuring that life safety issues have been adequately addressed.

(7)

General conformance. The site plan review process shall also ensure that the proposed site development shall conform to all applicable requirements of this article and other applicable ordinances and regulations of the city.

(Code 2015, § 10.90(4))

The planning director shall be assisted in conducting site plan reviews by the site plan review committee which shall consist of a designated representative from each of the city departments or divisions as appointed by the city manager. In addition to conducting site plan reviews, the committee will review any other proposals as deemed necessary by the city manager. The zoning administrator shall serve as the secretary of the site plan review committee and shall coordinate its review of proposals.

(Code 2015, § 10.90(5); Ord. of 10-10-2005)

Ten copies of a site plan shall be drawn at a scale of 1:20, 1:30, 1:40, 1:50, 1:60 or 1:100. An 11-inch by 17-inch reduction shall also be submitted. The site plan shall contain the following information, unless determined not applicable by the zoning administrator:

(1)

General information.

a.

The applicant's name, address, telephone number, and interest in the property.

b.

The owner's name, address, and telephone number if different than the applicant, and the owner's signed consent to the filing of the application.

c.

The street address and legal description of the property.

d.

The zoning classification, zoning district boundaries, and present use of the property.

e.

The proposed title of the project, and the names, addresses, and telephone numbers of the architect, landscape architect, planner or engineer on the project.

(2)

Preliminary development site plan.

a.

The location, dimensions, and total area of the site.

b.

The location, dimensions, floor area, type of construction, and use of each proposed building or structure.

c.

Floor plan showing specific uses within the building.

d.

The number, the size and type of dwelling units in each building, and the overall dwelling unit density.

e.

The proposed treatment of open spaces and the exterior surfaces of all structures, with sketches of proposed landscaping and structures, including typical elevations.

f.

Architectural graphics, including typical floor plans and elevations, profiles, and cross sections.

g.

The number, location, and dimensions of parking spaces and loading docks, with means of ingress and egress.

h.

The proposed traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including any streets and access easements.

i.

The location of all fire hydrants on the property and the location of all fire hydrants within 150 feet of the property.

j.

The location and dimensions of all accesses for fire and emergency vehicles.

k.

Statement of whether or not the building will be sprinkled and fire flow availability for the sprinkler system and fire hydrants.

l.

The location and intensity of safety and security lighting.

m.

The location and purpose of any existing or proposed dedication or easement.

n.

The general drainage plan for the development tract.

o.

The location and dimensions of adjacent properties, abutting public rights-of-way and easements, and utilities serving the site.

p.

Significant topographical or physical features of the site, including existing trees.

q.

Wetland delineations for all wetlands present on the site.

r.

The location and proposed treatment of any historical structure or other historical design element or feature.

(3)

Plat of survey. A plat of survey of the piece or parcel of land, lot, block, or parts or portions thereof, drawn to scale, showing the actual dimensions of the piece or parcel of land according to a registered or recorded plat of such land.

(4)

A preliminary plat of subdivision, if required. A preliminary plat of subdivision depicting the development parcel is required if the development parcel is not currently a lot of record that is subdivided in accordance with article XII of this chapter. A preliminary plat shall also be required for any development which will involve a resubdivision of an existing lot or parcel.

(5)

Additional information. The site plan shall also contain the following information and be accompanied by the following submissions, as well as such additional information, drawings, plans or documentation as may be requested by the planning director or zoning administrator, if determined necessary or appropriate for a full and proper consideration and disposition of the application:

a.

A certificate of disclosure of ownership interest.

b.

When a proposed planned development includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned or maintained by an entity other than a government authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.

c.

Copies of any restrictive covenants that are to be recorded with respect to property in a proposed planned development or subdivision.

d.

When the development is to be constructed in stages, a schedule for the development of such stages shall be submitted stating the approximate beginning and completion time for each stage. When the development provides for common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire development as the stages completed or under development bear to the entire development.

e.

If requested by the director of public safety, a personal safety risk assessment for employees, visitors, and customers of the development.

f.

A traffic study showing the impact of the development on public streets which serve the development. The study shall be undertaken by a registered traffic engineer.

(Code 2015, § 10.90(6))

The approval of a site plan by the site plan review committee shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits of approvals that may be required by the regulations of the city, including, but not limited to, a building permit, certificate of occupancy, subdivision approval, and conditional use approval. The approval of a site plan by the site plan review committee shall be valid for one year; provided further that the approval is valid only in terms of the safety, fire, building, and other city codes, in effect at the time of review.

(Code 2015, § 10.90(7))

Appeals shall follow the procedure outlined in article XI, division 10, of this chapter.

(Code 2015, § 10.90(8))

An applicant submitting a site plan shall pay a nonrefundable fee in connection with the submittal in accordance with a fee schedule as established, from time to time, by the city council.

(Code 2015, § 10.90(9))