The standards in this article are intended and designed to ensure compatibility of uses, to prevent urban blight, deterioration and decay, and to enhance the health, safety and general welfare of the residents of the community.

(Code 1984, § 375:12(1); Code 2003, § 36-801)

Except as may otherwise be allowed pursuant to section 36-233(2), no garage, tent, or accessory building shall at any time be used as living quarters, temporarily or permanently.

(Code 1984, § 375:12(2)(a); Code 2003, § 36-802)

Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling.

(Code 1984, § 375:12(2)(b); Code 2003, § 36-803)

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

(Code 1984, § 375:12(2)(c); Code 2003, § 36-804)

Except for trim and accessories, multifamily residential building exteriors shall consist of low maintenance materials not requiring frequent upkeep so as to limit maintenance to the occasional cleaning of building exteriors. The exterior material may include such things as aluminum siding and unpainted decorative masonry, but shall not include any product subject to decay, peeling or other such process within less than 15 years. This requirement shall apply to all such dwellings for which a building permit is issued by the city after August 14, 1991.

(Code 1984, § 375:12(2)(d); Code 2003, § 36-805)

(a)

Every single-family dwelling unit for which a building permit for new construction is issued after March 25, 1987, shall include a garage with a capacity of at least two cars not less than 20 feet wide by 24 feet deep.

(b)

Whenever a new residential lot is created on which a single-family dwelling unit is constructed, or currently exists, the dwelling unit shall include a garage with a capacity of at least two cars and the dimensions defined in subsection (a), except for the following:

(1)

Any subdivision of a twin home that has existing dedicated garage space for each unit into separate single-family dwellings if each unit maintains garage space of some capacity.

(2)

Property to be subdivided containing a single-family dwelling unit that includes a garage with capacity for one car must include at least a garage of some capacity on the newly created residential lot that maintains the dwelling unit.

(Code 1984, § 375:12(2)(e); Code 2003, § 36-806; Ord. No. 24-17, § 1, 11-4-2024)

Any person desiring to develop or improve property shall submit to the director of community development or building official, whichever is the appropriate official, a survey of the premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to city ordinances.

(Code 1984, § 375:12(3)(a); Code 2003, § 36-807)

All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.

(Code 1984, § 375:12(3)(b); Code 2003, § 36-808)

Except where sanitary sewer has previously been provided to the lot, a lot of record existing September 30, 1976, in a residential district, which lot does not meet the requirements of this chapter as to area or width, may be utilized for single-family detached dwelling purposes provided the measurements of such area or width are within 75 percent of the requirements of this chapter in effect on July 1, 1981, which are as follows:

(Code 1984, § 375:12(3)(c); Code 2003, § 36-809)

Except in the case of planned unit development as provided for in article II, division 2 of this chapter, not more than one principal use shall be located on a lot. For purposes of this subsection, the term "principal use" shall be given its common, ordinary meaning as defined in section 36-3. In case of doubt or questions of interpretation, the decision of the zoning administrator shall be final, subject to the right to appeal to the planning commission and city council. Shopping centers shall be interpreted as having more than one principal use.

(Code 1984, § 375:12(3)(d); Code 2003, § 36-810)

No building requiring a building permit shall hereafter be erected upon any parcel unless such parcel abuts upon a public street for a minimum of 20 continuous linear feet.

(Code 1984, § 375:12(3)(e); Code 2003, § 36-811)

On a through lot, both street lines shall be front lot lines for purposes of applying the yard and parking regulations of this chapter, unless otherwise provided.

(Code 1984, § 375:12(3)(f); Code 2003, § 36-812)

For each lot in the R-1, R-2, and R-3 zoning districts, the maximum area of impervious surface shall be 40 percent, except property where the majority of use is religious institution, schools, public/semi-public recreational buildings, community centers or essential services. The maximum area of impervious surface shall be 75 percent.

(Code 1984, § 375:12(3)(g); Code 2003, § 36-813; Ord. No. 05-48, § 2, 12-19-2005)

(a)

Accessory buildings connected to principal building. If it is connected to the principal building by a covered passageway, an accessory building shall be considered an integral accessory portion of the principal building. For purposes of this section, the term "covered passageway" means a room or enclosed corridor of similar quality construction (except for heat and utilities) as the principal building to which it is connected.

(b)

Location of accessory buildings. Except for farm buildings, no accessory buildings shall be erected or located within any front yard or any required yard other than the rear yard.

(c)

Maximum height of accessory buildings.

(1)

Accessory buildings in the R-A district for non-farm uses on parcels over three acres in size shall not exceed 25 feet in height.

(2)

Where a 15-foot height limitation would preclude building the accessory structure with the same roof pitch as that on the principal structure, the height of the accessory structure may be increased to a maximum of 20 feet.

(3)

Additions to existing accessory buildings may be higher than 15 feet if the existing accessory building is higher than 15 feet. The addition must match the existing accessory building height unless structural engineering considerations would force the addition to be higher. Under no circumstances shall the addition be higher than 20 feet.

(d)

District regulations for accessory buildings. Accessory buildings in each respective zoning district shall be regulated as follows, provided that, for the purpose of this subsection, unenclosed playhouses and/or gazebos, uncovered swimming pools, detached decks or patios and tennis courts shall be excluded from the definition of the term "accessory buildings," and the area of an accessory building, including, but not limited to, a garage, shall be calculated based upon its maximum exterior horizontal dimensions as measured below the roof.

(1)

Farm uses in R-A district. For those properties and related uses which qualify as a farm under the criteria and definitions set forth in this chapter, all farming and agricultural related buildings and structures shall be permitted in the R-A zoning district with no restrictions as to size, height or location, except that no such buildings shall be constructed without adherence to the setback requirements applicable to structures in the R-A zoning district. Garages, together with buildings and structures that are not farming and agricultural-related, shall be restricted as to size, height, or location according to the provisions of subsection (d)(2) of this section.

(2)

Non-farm uses in R-A district over one acre in size.

a.

On parcels of between one and ten acres in size, total attached garage space shall be limited to 1,000 square feet.

b.

On parcels between one and under three acres in size:

1.

No individual detached structure shall exceed a maximum of 1,000 square feet.

2.

A maximum of two detached accessory buildings will be permitted per lot. If two detached accessory buildings are constructed, one must be no larger than 200 square feet.

3.

Total accessory building area is limited to 2,200 square feet and the area of any attached garage is to be subtracted from the maximum area allowed.

c.

On parcels of between three and under ten acres in size:

1.

No individual detached accessory structure shall exceed a maximum of 1,750 square feet in area.

2.

A maximum of three detached accessory buildings will be permitted per lot.

3.

Total accessory building area is limited to 2,750 square feet and the area of any attached garage is to be subtracted from the maximum area allowed.

d.

On parcels of ten acres or more in size:

1.

A maximum of three detached accessory buildings will be permitted per lot.

2.

Total accessory building area is limited to 2,750 square feet and the area of any attached garage is to be subtracted from the maximum area allowed.

3.

All of the allowed accessory building area may be used by one building.

4.

For every acre of lot area in excess of ten acres, the permitted total area for garages and accessory buildings may be increased by one-fourth of one percent up to a maximum increase of 1,075 square feet per lot.

5.

Non-farm related accessory structures shall be subject to the provisions of subsection (d)(2)d of this section.

(3)

R-1 and R-2 districts and R-A districts under one acre in size.

a.

In the R-1 and R-2 zoning districts and R-A districts under one acre in size, the total area of attached garages and accessory buildings shall not exceed 1,254 square feet. Total attached garage space shall be limited to 1,000 square feet.

b.

No individual accessory structure shall exceed a maximum of 1,000 square feet in area, or the difference between the area of an attached garage, if existing, and 1,254 square feet, whichever is less.

c.

Only two accessory buildings shall be permitted per lot.

1.

If two detached accessory buildings are constructed, one must be no larger than 200 square feet.

2.

The maximum area of the remaining permitted detached accessory building shall be the difference between the area of the building described in subsection (d)(3)c.1 of this section and the area calculated pursuant to subsection (d)(3)b of this section.

(4)

R-3 district. In the R-3 zoning district, accessory buildings shall be regulated as follows:

a.

Attached garages and accessory buildings for single-family detached dwellings shall be the same as provided for in R-1 and R-2 zoning districts.

b.

Attached garages and accessory buildings for two-family dwellings shall be limited to a maximum of 700 square feet per unit. Attached garages of up to 700 square feet per unit shall be permitted.

1.

The square footage of an accessory building shall not exceed the difference between the attached garage, if existing, and 700 square feet, or a maximum of 576 square feet, whichever is less. Only one accessory building shall be permitted per dwelling unit.

2.

Accessory buildings for townhouses and quadraminiums in the R-3 zoning district shall be permitted only as a garage use approved as part of a planned unit development. These accessory buildings shall not exceed 576 square feet in area.

(5)

R-4 and R-5 districts. In the R-4 and R-5 zoning districts, accessory buildings shall be regulated through the site plan review procedure as established in this chapter. In cases where an accessory building receives approval as part of an approved planned unit development, site plan review for the accessory building shall not be required.

(6)

B and I districts. In the B and I zoning districts, an accessory building may be allowed as a permitted accessory use after the site plan review required by article II, division 3 of this chapter.

(e)

Location of uses or equipment generating noise. No accessory uses or equipment which generate noise, such as, but not limited to, air conditioning cooling structures or condensers, shall be located in a side yard unless all of the following requirements are met:

(1)

The equipment is fully screened from view.

(2)

The noise generated by the equipment when operating satisfies the requirements of section 36-797.

(f)

Exemption from noise restrictions. The provisions of subsection (e) of this section shall not apply in side yards abutting streets if the equipment is fully screened from view, nor shall such provisions apply in the R-A zoning district.

(Code 1984, § 375:12(4); Code 2003, § 36-814; Ord. No. 03-32, § 1, 12-1-2003; Ord. No. 04-10, § 1, 4-19-2004; Ord. No. 05-05, § 1, 2-22-2005; Ord. No. 18-10, § 1, 8-20-2018)

In the case of all apartment, business, and industrial developments, the drainage plans shall be submitted to the city engineer for review and the final drainage plan shall be subject to the city engineer's written approval.

(Code 1984, § 375:12(5); Code 2003, § 36-815)

(a)

Location on property division line. Any fence shall be located entirely upon the private property of the person constructing or causing the construction of such fence unless the owner of the property adjoining agrees, in writing, that such fence may be erected on the division line of the respective properties. The director of fire and building inspection services may require the owner of the property upon which a fence now exists, or may require any applicant for a fence permit, to establish the boundary lines of their property by a survey thereof to be made by any registered land surveyor.

(b)

Construction and maintenance.

(1)

Every fence shall be constructed in a substantial, quality manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used.

(2)

Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become, dangerous to the public safety, health, or welfare is a public nuisance and the zoning administrator shall commence proper proceedings for the abatement thereof.

(3)

Link fences, wherever permitted, shall be constructed in such a manner that no barbed ends shall be at the top.

(4)

Electric fences shall only be permitted in the R-A district when related to farming and on farms in other districts when related to farming, but not as boundary fences.

(5)

Barbed wire fences shall only be permitted on farms, except as provided in subsection (d) of this section.

(c)

Residential districts. In all parts of the city zoned residential and not a farm, one or more fences no more than six feet in height may be erected or maintained on a lot subject to the following:

(1)

No fence on a corner lot shall be erected within the triangular area described in section 36-792.

(2)

No fence may extend closer to the street than the front yard setback line, except as follows:

a.

Decorative fencing is allowed in the required front yard if no higher than 3½ feet and not designed or serving as an enclosure. Decorative fencing includes such things as split rail, picket, and brick fences, but not such things as chain link fences.

b.

A fence may be placed in the front yard of a corner lot which abuts an arterial street, but not within the triangular area described in section 36-792.

c.

A fence may be erected along any portion of a side lot line which also serves as the rear lot line of a corner lot.

(3)

In those instances where a fence exists as an enclosure which restricts access from the front to the rear yard, a gate, identifiable collapsible section, or other such means of recognizable ingress shall be provided. Such ingress points shall be unobstructed and a minimum of four feet in width. The location of such ingress points shall be positioned at any point paralleling the front lot line, between the side lot property line and the principal structure.

(4)

Public park properties shall be exempt from the requirements contained in this subsection, except for subsection (c)(1) of this section.

(d)

Business and industrial districts. Fences in all business and industrial districts shall not exceed eight feet in height, except that:

(1)

Boundary line fences abutting R districts shall conform to those conditions applying to the R district.

(2)

Fences which are erected primarily to secure a particular given area may have arms not to exceed 36 inches in length located a minimum of seven and a maximum of eight feet above the ground surface, on which barbed wire may be placed.

(3)

Fences erected within the required front yard shall not be over six feet in height and shall be of a chain link construction permitting maximum visibility.

(e)

Special purpose fences. Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the city by issuance of a conditional use permit approved by the planning commission and city council. Findings shall be made that the fence is necessary to protect, buffer or improve the premises for which the fence is intended.

(f)

Fences in shoreland district lakeshore setback. Fences to be located within any portion of the 75-foot lakeshore setback area of a shoreland district lot must comply with the special provisions of this subsection. Fences constructed within the lakeshore setback area shall not exceed a maximum of five feet in height and shall maintain a see-through visibility level equal to that of a chain link type fence. All fence materials must be treated so as to blend with the natural surroundings of the setback area.

(Code 1984, § 375:12(6); Code 2003, § 36-816; Ord. No. 04-18, § 1, 8-2-2004)

(a)

Types of screening; applicability of fence requirements. The fencing and screening required by this chapter shall be subject to section 36-790 and shall consist of either a fence, greenbelt planting strip or earth berm.

(b)

General standards.

(1)

Screening shall be installed so as to provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened but is not required to totally block the vision of any such object.

(2)

Screening shall consist of a compact evergreen or deciduous hedge and overstory and understory trees of sufficient width and density or an earth berm of sufficient height to provide an effective screen throughout the year. Overstory and understory trees are defined in section 36-805(c).

a.

At planting, hedge material must be at least three feet in height.

b.

Deciduous trees must be at least five feet in height and 2½ inches in diameter as measured six inches above the ground.

c.

Coniferous trees must be at least five feet in height.

d.

Earth berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer.

(3)

A required screening fence shall be constructed of masonry, brick or wood. Such fence shall provide a solid screening effect and not exceed eight feet in height or be less than six feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the city council.

(c)

Screening of mechanical equipment.

(1)

All mechanical equipment, such as air conditioning units, erected on the roof of any structure or on the ground shall be screened so as not to be visible.

(2)

Air conditioning units need not be screened if located at least ten feet from any side lot line and between the rear of the house and the rear lot line of a lot on which a single-family, two-family or quadraminium structure is located.

(3)

The screening shall be constructed with materials that are architecturally compatible with the building.

(4)

The use of wood, in whole or in part, as a screening material shall not be considered as being architecturally compatible unless the building is constructed with a wood exterior.

(d)

Screening of commercial and industrial buildings. All nonresidential principal buildings or structures and any building or structure accessory thereto shall be screened in accordance with the requirements of this section from lots in any R-1, R-2, or R-3 district which are used for dwellings and which are located within 200 feet of the nonresidential use. Such distance shall be the shortest distance between the nonresidential building or structure to be screened and the nearest lot line of the residential use but shall not apply if such uses are separated by a public street.

(e)

Screening of trash containers.

(1)

All exterior trash containers which are visible from a street, residential district or adjoining property, except those located in parks, shall be screened by an enclosure of masonry or brick construction. Screening enclosure gates shall be of solid material, such as steel or wood, but not including chain link fencing.

(2)

Screening enclosure gates may not be required if the resulting open side of the enclosure does not face an existing or future right-of-way or a residential district.

(3)

Steel guard posts shall be placed around the enclosure to protect the enclosure from vehicular traffic.

(f)

Parking lot screening. All off-street parking lots containing six or more spaces, except such lots which serve single-family attached or detached units or public park facilities, shall be screened from those residential properties abutting or across the street from the parking lot in accordance with the provisions of subsection (b) of this section.

(g)

Buffer yards.

(1)

Width of buffer area. Where a buffer yard is required for property which abuts residentially zoned property, there shall be within the required setback a landscaped area at least 20 feet in width for the first 100 parking spaces located on such abutting property, which area shall extend along and be adjacent to the entire length of all common property lines shared with the residentially zoned property. The width of the buffer area shall be increased by ten feet for every additional 100 parking spaces provided on the abutting lot.

(2)

Fence or berm required.

a.

The buffer area shall contain a fence of four to six feet in height, which fence shall be located on the abutting lot within one foot of the common property line.

b.

On industrially zoned property, an elongated earthen mound (berm) may be constructed rather than the fence required in subsection (g)(2)a of this section. Any such berm shall be constructed the entire length of the buffer yard and shall be continuous or provide the illusion of continuity when viewed from the side and perpendicular to the berm.

c.

Any such berm shall have a slope of three feet horizontal to one foot vertical and shall not be located within any street right-of-way unless approved by the city engineer. The berm shall be constructed so as to obstruct, for adjoining properties, views beyond the berm to the screening height prescribed by the formula set forth in the preceding sentence.

d.

To provide visual variation, the minimum height of the berm may be decreased slightly at varying intervals. Such variations shall not result at any point in a berm height less than 80 percent of the height required by the formula in subsection (g)(2)c of this section or result in a concentrated area of berm height reduction so as not to provide the screening benefits intended by the berm, or result in berm height reduction along more than 20 percent of the total length of the buffer yard.

e.

In those areas where the height of the berm is reduced, landscape screening in addition to that required in this subsection (g)(2) must be provided as determined necessary by the zoning administrator to fulfill the purpose of the berm.

(3)

Landscaped area.

a.

The landscaped area shall also contain a double row of evergreen shrubs which, when planted, shall be a minimum of four feet in height.

b.

The shrubs shall grow to a minimum height of six feet.

c.

The rows of such shrubs shall be planted in such a manner that a distance of five feet exists between the centerline of each row and so that, when viewed perpendicular to the rows, one would observe a shrub planted every 2½ feet on center.

(4)

Additional landscaping. Buffer yards required to be greater than 20 feet in width shall require additional landscaping so as to be the equivalent of an additional row of evergreen shrubs, but the additional landscaping may be planted in other than rows and is not limited to evergreen shrubs.

(5)

Maximum width. The maximum width of a required buffer yard shall be 50 feet.

(Code 1984, § 375:12(7); Code 2003, § 36-817)

On corner lots in all districts, no structure or planting in excess of 30 inches above the street centerline grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected property lines of two intersecting streets, thence 30 feet along one property line thence diagonally to a point 30 feet from the point of beginning on the other property line, thence to the point of beginning.

(Code 1984, § 375:12(8); Code 2003, § 36-818)

(a)

Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent lightbulbs shall not be permitted in view of adjacent property or public right-of-way.

(b)

Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of the street. Any light or combination of lights which cast light on residential property shall not exceed one footcandle (meter reading) as measured from such property.

(Code 1984, § 375:12(9); Code 2003, § 36-819)

The emission of smoke by any use shall be in compliance with and regulated by the state pollution control standards, Minn. Rules ch. 7009.

(Code 1984, § 375:12(10); Code 2003, § 36-820)

The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the state pollution control standards, Minn. Rules ch. 7009.

(Code 1984, § 375:12(11); Code 2003, § 36-821)

The emission of odor by any use shall be in compliance with and regulated by the state pollution control standards, Minn. Rules ch. 7009.

(Code 1984, § 375:12(12); Code 2003, § 36-822)

Noises emanating from any use shall be in compliance with and regulated by Minn. Rules ch. 7030.

(Code 1984, § 375:12(13); Code 2003, § 36-823)

(a)

Passenger automobiles, station wagons and trucks not currently licensed by the state or which are, because of mechanical deficiency, incapable of movement under their own power, and which are parked or stored outside for a period in excess of 30 days, and all materials stored outside in violation of city ordinance, are considered refuse or junk and shall be disposed of.

(b)

No junkyard may continue as a nonconforming use for more than one year after September 30, 1976, except that a junkyard may continue as a nonconforming use in an industrial district if within that period it is completely enclosed within a building, fence, screen planting, or device of such height so as to screen completely the operations of the junkyard. Plans of such a building or device shall be approved by the city planning commission and city council before it is erected or put into place.

(c)

The piling of junk in yards in all residential districts shall be considered to be a nonconforming use and shall be removed within a period of three months after September 30, 1976.

(Code 1984, § 375:12(14); Code 2003, § 36-824)

(a)

Residential districts. All storage in any residential district, including, but not limited to, R-A, must be contained within a building except for the following:

(1)

Not more than two licensed and operable recreational vehicles or nonstationary pieces of recreational equipment, such as, but not limited to, boats, snowmobiles and all-terrain vehicles and any trailer used to transport them.

(2)

Construction and landscaping material currently being used on the premises.

(3)

Off-street parking of licensed and operable passenger vehicles and trucks not exceeding a gross weight of 12,000 pounds when parked on paved surfaces as required by section 36-841(h)(11).

(4)

Items normally or usually associated with outdoor residential activities or uses, such as, but not limited to, outdoor furniture and cooking equipment, neatly stacked firewood not in violation of chapter 20, and yard maintenance equipment.

(5)

Operable farm machinery in the R-A district.

(6)

Recycling containers provided by the city so long as such containers are screened from view from public rights-of-way and neighboring properties on non-collection days.

(b)

Business districts. Exterior storage in business districts shall meet the following requirements:

(1)

All exterior storage shall conform with all building setback requirements.

(2)

All exterior storage areas must be paved and include storm drainage management facilities as required by the city.

(3)

All exterior storage must be screened from all lot lines in accordance with the requirements of section 36-791(b).

(c)

Industrial districts. Exterior storage in industrial districts shall meet the following requirements:

(1)

All exterior storage shall conform with all building setback requirements.

(2)

All exterior storage areas must be paved and include storm drainage management facilities as required by the city.

(3)

All exterior storage must be screened from all lot lines in accordance with the requirements of section 36-791(b).

(Code 1984, § 375:12(15); Code 2003, § 36-825; Ord. No. 08-15, § 1, 12-1-2008)

Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system or the sanitary sewer system but shall be disposed of in a manner approved by the state fire marshal and the pollution control agency.

(Code 1984, § 375:12(16); Code 2003, § 36-826)

All uses with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, flammable liquids and similar liquids shall comply with requirements of the state fire marshal and state department of agriculture offices and have documents from those offices stating the use is in compliance.

(Code 1984, § 375:12(17); Code 2003, § 36-827)

All activities that emit radioactivity shall comply with the minimum requirements of the state pollution control agency.

(Code 1984, § 375:12(18); Code 2003, § 36-828)

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

(Code 1984, § 375:12(19); Code 2003, § 36-829)

In all B and I zoning districts, no pole barn shall be constructed in whole or in part after June 12, 1985. For purposes of this section, a pole barn is defined as a structure, the basic support and framework of which is provided by wooden poles inserted vertically into the ground similarly to telephone poles.

(Code 1984, § 375:12(20); Code 2003, § 36-830)

(a)

Applicability. All development except single-family detached and two-family shall comply with the requirements of this section.

(b)

Landscape plans. Landscape plans shall be prepared by a landscape architect or other qualified individual acceptable to the department of community development. Landscape plans shall be drawn to a scale of not less than one inch equal to 50 feet and shall include the following information:

(1)

Location, approximate size and common name of existing trees and shrubs.

(2)

Planting schedule containing:

a.

Symbols.

b.

Quantities.

c.

Common names and botanical names.

d.

Size of plant materials.

e.

Root condition (balled and burlapped, bare root, container, etc.).

f.

Special planting instructions.

(3)

Planting details illustrating proposed locations of all new plant material.

(4)

Locations and details of other landscape features, including, but not limited to, berms, fences and planter boxes.

(5)

Location and details of irrigation systems.

(6)

Details and cross sections of all required screening.

(7)

Such other information as the city may require.

(c)

Minimum requirements. All areas of a lot which are not used or improved for buildings, parking areas, driveways or storage areas shall be landscaped with a combination of overstory trees, understory trees, shrubs, ground cover and flowers.

(1)

Minimum number of overstory trees. The minimum number of overstory trees on a lot shall be the figure determined by dividing by 40 the number of feet in the perimeter of the lot. Overstory trees include, but are not limited to, those listed in Extension Folder 298-1974, published by the Agricultural Extension Service of the University of Minnesota, except those listed as "Trees—Small—under 25 feet."

(2)

Understory trees and shrubs. In addition to the required number of overstory trees, a full complement of understory trees and shrubs such as, but not limited to, those listed as "Trees—Small—under 25 feet" in Extension Folder 298-1974, published by the Agricultural Extension Service of the University of Minnesota, shall be provided as determined by the city council so as to complete a quality landscape treatment of the site.

(3)

Minimum size and root condition of required overstory trees.

a.

The trunks of deciduous trees shall be at least 1½ inches in diameter breast height.

b.

Coniferous trees shall be at least five feet in height.

c.

All plant materials shall meet minimum standards as stated in the American Association of Nurserymen Publication No. ANSI Z60.1-1980, titled "American Standard for Nursery Stock."

(4)

Species.

a.

Trees which are considered as half trees, small upright trees, small spreading trees, shrubs, understory trees or ornamental trees shall not be included in the count of required overstory trees.

b.

Not more than 20 percent of the total number of overstory trees shall be composed of one genus.

c.

No required overstory trees shall include:

1.

Any species of the genus Ulmus (elm), except that such species may be allowed if proof, acceptable to the city, is submitted showing that the proposed trees are resistant to Dutch elm disease. Such proof shall originate from, or be supplied by, a nursery approved by the department of community development or a college or university conducting research on Dutch elm disease, or an equivalent source.

2.

Box elder (Acer negundo), Ash (any tree of the genus Fraxinus), Amur maple (Acer ginnala), Norway maple (Acer platanoides), Russian olive (Elaegnus angustifolia), Black locust (Robinia pseudoacacia), female Ginko (Gingko biloba).

d.

No shrub shall include Japanese barberry (Berberis thungbergii), Siberian peashrub (Caragana arborescens), Tatarian honeysuckle (Lonicera tatarica), Common buckthorn (Rhamnus cathartica), Glossy buckthorn (Rhamnus frangula).

e.

All plant materials shall be indigenous to the hardiness zone of the area in which the city is located.

(5)

Ground cover. All unimproved portions of a lot shall be sodded to the curb or street surface, except that:

a.

Areas reserved for future city-approved building expansions may be seeded.

b.

Undisturbed areas containing existing viable natural vegetation which can be maintained free of weeds may be left undisturbed.

c.

Seeding may be used when the city determines sod is not practical or desirable, in areas such as, but not limited to, campus areas of schools, recreational playfields and open space, sites that are rough-graded and areas that cannot be developed (such as those in a power line easement).

1.

Seeding shall be confined to the rear yard area of a lot.

2.

On any lot on which a building is located as the principal use of the property, seeding shall not be used within 50 feet of the building.

3.

For purposes of the surety required in subsection (k) of this section, seeding will be considered properly installed and vigorously growing when it looks like healthy sod.

(d)

Credit for large trees. The total number of required overstory trees may be reduced by one-half tree for each new deciduous tree measuring 4½ inches or more in diameter, or each new coniferous tree measuring ten feet or more in height, which is planted on the lot. In no event, however, shall this credit result in a reduction in the total number of required trees by more than 25 percent. Measurements shall be taken as set forth in subsection (c)(3) of this section.

(e)

Credit for existing trees. The total number of required new overstory trees may be offset by the retention of existing overstory trees on the lot, provided that such trees satisfy the requirements of subsection (c) of this section as to size and species. The department of community development shall recommend to the planning commission the amount of the credit for such existing trees based upon their location and distribution on the lot.

(f)

Parking lot planting islands. Planting islands within parking lots shall be required to visually break up expanses of hard-surface parking areas, to allow safe and efficient traffic movement, and to define rows of parking. Planting islands shall be landscaped and shall occupy at least four percent of the parking area.

(g)

Irrigation system. All affected properties shall install and maintain an irrigation system upon the property serving at least all turfed areas thereon, whether sodded or seeded.

(h)

Interference with utilities. The location of landscaping improvements required in this section shall be such that their placement and size at maturity will not interfere with any existing underground or overhead utility system or public right-of-way.

(i)

Protection of existing vegetation during construction. All existing vegetation to be saved upon a lot under development shall be protected from damage and/or destruction occurring as a result of activity which takes place during the construction process. No soil or other material shall be allowed to accumulate or be placed near any such vegetation in such a manner that the deterioration or death of such vegetation may result.

(j)

Maintenance. The owner of a lot upon which landscaping or screening is required by this Code shall maintain all plant materials in a sightly and healthy growing condition and promptly replace all dead or dying plant material. Plant materials located within the boulevard area shall be similarly maintained by the abutting property owner. If any plant material in the boulevard is not maintained or replaced as required in this subsection, the city may maintain or replace the plant material and assess the abutting property for the costs thereof.

(k)

Performance surety. The owner shall provide the city with cash, an approved letter of credit or other surety satisfactory to the city to guarantee the proper installation and vigorous growth of all landscaping elements and screening. Such surety shall remain in effect for two years after the actual installation of the materials and shall be in an amount equal to 100 percent of the estimated cost of material and installation of all proposed landscaping.

(Code 1984, § 375:12(21); Code 2003, § 36-831; Ord. No. 14-03, § 1, 6-16-2014; Ord. No. 14-05, § 1, 8-4-2014; Ord. No. 18-03, § 1, 2-5-2018)

No structure shall exceed the height that is allowed pursuant to Minn. Stats. §§ 360.81—360.91. This provision shall supersede any other provision of this Code which may permit structure heights in excess of those allowed pursuant to such statutes.

(Code 1984, § 375:12(22); Code 2003, § 36-832)

(a)

Geothermal system.

(1)

Permitted accessory use in all zoning districts on the condition it meets the requirements of this section and other provisions of this Code.

(2)

Coils and piping may not cross lot lines without recorded easement from the effected property.

(3)

Upon determination by the city that encroachment of coils and piping into drainage and utility easements does not interfere with the city's use of the easement, coils and piping may cross into drainage and utility easements with the city's written permission subject to conditions determined by the city.

(4)

Systems that are proposed under wetland types 1 and 2 shall require approval from the city engineering department in addition to any other permits required by any other governmental entity. System shall not be allowed under wetland types 3 through 7, or in any state department of natural resources protected waters.

(5)

Systems shall meet state department of health standards in Minn. Rules §§ 4725.1831 and 4725.7050.

(b)

Photovoltaic system and solar thermal system.

(1)

Nonresidential zoning districts.

a.

Permitted accessory use if on a building or in rear yard. Must be screened from adjacent lots pursuant to section 36-791(b).

b.

Conditional use if in front or side yard.

(2)

Residential zoning districts.

a.

Permitted accessory use if on a building (both principal and accessory buildings) or in a rear year. Must be screened from adjacent lots pursuant to section 36-791(b). Panels on buildings shall not hang over edge of roof.

b.

Not permitted in front or side yards.

c.

For lots subject the shoreland district:

1.

Not allowed within the 75-foot shoreland setback if not on a building;

2.

Panels on boat lifts under two square feet is size shall be a permitted use;

3.

Panels on boat lifts greater than two square feet in size shall be a conditional use and, in addition to the reviews and approvals required, shall be subject to the review and recommendation of the city lake quality commission.

(3)

Requirements for all zoning districts. Solar thermal piping shall match roof or solar collector color.

(c)

Wind energy conversion systems.

(1)

Residential zoning districts. Conditional use permit required for any wind energy conversion systems, which conditions shall include, but are not limited to, the following:

a.

For lots under two acres in size wind energy conversion systems must be attached to a building.

b.

For lots over two acres and under 20 acres in size wind energy conversion systems must be attached to a building or to a monopole in the rear yard that is under 100 feet in height.

c.

For lots 20 acres and over, wind energy conversion systems must be attached to a building or to a monopole that may be over 100 feet in height.

d.

Lot line setbacks shall be equal to maximum turbine blade height. If over 100 feet in height the setback shall be as follows: for each foot over 100, add an additional 0.5 foot to the setback from residentially zoned lot line (example, a 150-foot tower would need to be setback 175 feet from the lot line). In addition to the above, any towers on a lot subject to the shoreland district shall not be allowed within the 75-foot shoreland setback.

(2)

Nonresidential zoning districts.

a.

Permitted accessory use if under 100 feet in height.

b.

Conditional use if over 100 feet in height and/or more than one pole mounted on a lot.

c.

Lot line setbacks shall be equal to maximum turbine blade height. If over 100 feet in height the setback shall be as follows: for each foot over 100, add an additional 0.5 feet to the setback from residentially zoned lot line (example, a 150-foot tall tower would need to be setback 175 feet from the lot line). In addition to the above, any towers on a lot subject to the shoreland district shall not be allowed within the 75-foot shoreland setback.

d.

No limit on the number of roof mounted turbines.

(3)

For all zoning districts.

a.

Free standing towers shall be of monopole design.

b.

All wind energy conversion systems shall be equipped with an automatic overspeed control device as part of the design.

c.

Restriction on sound level at lot line (55 dba) or shall comply with the state pollution control agency's noise pollution control section (NPC 1 and NPC 2), whichever is most restrictive.

d.

Minimum blade clearance to ground of 30 feet for pole mounted horizontal turbines.

e.

Setbacks along public land may be waived or reduced at the discretion of public body in ownership of the land, subject to the review and approval of the city council.

f.

All applicable provisions of chapter 8 of this Code, including, but not limited to, the applicable provisions of the state building codes therein adopted, shall be complied with, in addition to those requirements set out in this article and this chapter.

g.

Prior to the issuance of a permit, the applicant shall provide, among other things, to the city documentation or other evidence from the dealer or manufacturer that the wind energy conversion system has been successfully operated in atmospheric conditions and is warranted against any systems failures under reasonably expected severe weather operating conditions as established by the director of fire and building inspection services. The applicant shall also provide, among other things, to the city documentation that the tower structure for the system has received a professional engineer's certification.

h.

Wind energy conversion system tower foundations shall be designed to resist two times the wind uplift calculated pursuant to the uniform building code as adopted by the city and shall have a professional engineer's certification.

i.

No wind energy conversion system tower shall be constructed within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five feet.

j.

No wind energy conversion system or support tower of any kind shall be erected anywhere within the city without first making an application for and obtaining from the city a permit therefor which shall not be granted unless all requirements of this article are met and the proposed use will not be harmful to the public health, welfare and safety.

k.

Wind energy conversion systems and towers shall be adequately grounded, as determined by the city engineer, for protection against a direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable federal regulations, state statutes, regulations, and standards, as well as city codes.

l.

For all wind energy conversion system towers, effective measures shall be taken to prevent public interference and to place the tower in a substantially nonclimbable condition. Effective measures include removal of climbing rungs or ladders from the bottom eight feet of the tower. The intention shall be to prevent climbing of the tower by unauthorized persons.

m.

Except for illumination devices required by FAA regulations and residential lighting in compliance with city codes, no wind energy conversion system or tower shall have affixed or attached to it in any way any sign (does not include equipment labels), banner, or placard of any kind, except for one sign, not to exceed two square feet, which displays suitable warning of danger to unauthorized persons, the system's manufacturer, and emergency shut-down procedures.

n.

All wind energy conversion systems shall comply with all applicable Federal Communications Commission regulations, as amended.

o.

All wind energy conversion systems shall comply with all applicable Federal Aviation Administration regulations.

p.

The interface of a wind energy conversion system with the consumer's electric service shall be pursuant to all applicable federal and state regulations. The city encourages the owner to notify their local electric utility company in advance and requests that both parties regulate their activities in a cooperative manner.

q.

Any wind system or tower which is not used for 12 successive months, commencing after January 27, 1982, shall be deemed abandoned and shall be removed as abandoned lot pursuant to the procedures set forth in chapter 20 or in the uniform building code as adopted by the city in chapter 8.

(d)

General conditions.

(1)

All conditional use permits required by this section shall be subject to and shall comply with the requirements of article II, division 4 of this chapter and all other applicable local, state and federal rules and regulations.

(2)

System shall be constructed and maintained pursuant to all applicable local, state and federal regulations.

(3)

No system shall be erected anywhere within the city without first making an application for and obtaining from the city a permit therefor which shall not be granted unless all requirements of this article are met and the proposed use will not be harmful to the public health, welfare and safety.

(4)

Unless specifically stated otherwise in this section, all systems shall be subject to applicable front, rear and side yard setbacks.

(Code 2003, § 36-833; Ord. No. 09-11, 2, 10-5-2009)