Mayer City Zoning Code
PERFORMANCE STANDARDS
§ 152.025 PERFORMANCE STANDARDS PURPOSE.
The purpose of performance standards is to establish general development performance standards. These standards are intended and designed to assure 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.
(Ord. 251, passed 2-23-26)
§ 152.026 DWELLING UNIT RESTRICTION.
(A) Except as may be expressly allowed by this chapter, no garage, tent, accessory building or motor home shall at any time be used as living quarters, temporarily or permanently. Tents, playhouses or similar structures may be used for play or recreational purposes.
(B) Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling.
(Ord. 251, passed 2-23-26)
§ 152.027 SINGLE-FAMILY DWELLING REQUIREMENTS.
All single-family detached dwellings, except for approved manufactured home parks, shall be constructed according to the following minimum standards:
(A) State Building Code. Be constructed upon a continuous perimeter foundation that meets the requirements of the State Building Code.
(B) Measurements. Not be less than 30 feet in length and not less than 24 feet in width over that entire minimum length. Width measurements shall not take into account overhangs and other projections beyond the principal walls.
(C) Roof. Have an earth covered, composition, metal, shingled or tiled roof.
(D) Receive a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used, and the delineation of future deck, porch and/or garage additions whether or not such construction is intended. The exterior architectural design of a proposed dwelling may not be so at variance with, nor so similar to, the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor so at variance with the character of the surrounding neighborhood as to adversely affect the public health, safety or general welfare.
(E) Requirements. Meet the requirements of the State Building Code.
(F) Site plan. All site plans for single-family detached dwellings must provide for the location of a two-stall attached garage.
(Ord. 251, passed 2-23-26)
§ 152.028 PLATTED AND UNPLATTED PROPERTY.
(A) Any person desiring to improve property shall submit to the building 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.
(B) All buildings shall be placed so that they will not obstruct future public streets which may be constructed in conformity with existing streets and according to the system and standards employed by the city.
(C) Except in the case of a planned unit development as provided for in § 152.098 of this chapter or as specifically allowed and stated in a respective zoning district, not more than one principal building shall be located on a lot. The words PRINCIPAL BUILDING shall be given their common, ordinary meaning as defined in § 152.005 of this chapter.
(D) On a through lot, both street lines shall be front lot lines for applying the yard setback regulations of this chapter except in the case of a buffer yard fence or accessory building. In addition, no home on a through lot or corner lot in any residential zone shall be allowed direct access to any major collector or arterial street designated as such by the comprehensive plan, except as may be permitted by the City Administrator.
(E) In the case of properties which abut street easements, applicable setbacks shall be measured from the easement line and shall be related to roadway classification as identified in the Mayer comprehensive plan.
(F) Outlots are deemed unbuildable and no building permit shall be issued for such properties, except in the case of public park facilities and essential services.
(G) Lot frontage and access. Each lot shall have frontage to an abutting, improved, and city accepted public street in compliance with the minimum lot width requirements of the respective zoning district.
(Ord. 251, passed 2-23-26)
§ 152.029 EROSION AND DRAINAGE.
(A) Permit applicants. No person or political subdivision shall commence a land disturbing activity or create new impervious surface without first obtaining a permit from the city that incorporates and approves a storm water pollution prevention plan (SWPPP) for the activity, development or redevelopment. For sites disturbing less than one acre, an erosion and sediment control plan may be submitted as part of the building permit application.
(B) Development not permitted. No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, stormwater basin, or other public facilities subject to the review and approval of the City Engineer.
(C) Standards. Erosion and sediment controls shall meet the standards for the general permit authorization to discharge stormwater associated with construction activity under the national pollutant discharge elimination system/state disposal system permit program permit MN R100001 (NPDES general construction permit) issued by the Minnesota Pollution Control Agency, as amended. Final stabilization of the site must be completed in accordance with NPDES general construction permit requirements.
(D) City Engineer approval.
(1) In the case of all single-family lots, multiple-family lots, business, industrial and institutional developments, the drainage and erosion control plans shall be subject to the City Engineer’s written approval.
(2) No modification in grade and drainage flow through fill, cuts, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the City Engineer.
(3) Prior to the release of any required grading security, an as built certificate of survey shall be submitted to verify that the final as built grades and elevations of the lot and building setbacks are consistent with the approved grading plan for the development and amendments as approved by the City Engineer and that all required property monuments are in place.
(E) Approval of erosion control measures. Proposed erosion control measures may be approved by the City Engineer as part of grading plan review. Erosion control may be specified by the City Engineer as part of a site survey for individual building permits. Erosion and sediment control measures shall be consistent with best management practices (BMPs) for erosion and sedimentation control as specified in the “Minnesota Stormwater Manual” (MPCA 2005), as amended, and shall be sufficient to retain sediment on site. Erosion control measures may also be specified by the City Engineer as needed and deemed appropriate during the construction and post-construction periods separate from the above.
(F) Storm sewer inlets. All storm sewer inlets which are functioning during construction shall be protected so that sediment laden water does not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
(G) Sediment control practices. All temporary erosion and sediment controls shall be installed on all down gradient perimeters before commencing the land disturbing activity, and left in place and maintained as needed until removed per city approval after the site had been stabilized. All permanent erosion control measures shall be installed and operational per the design and as required by the city.
(H) Tracking. Each site shall have rock construction entrance, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday or more often if necessary to maintain the road in safe driving condition.
(I) Seeding. All disturbed ground left inactive for seven or more days shall be stabilized by seeding or sodding or by mulching or covering or other equivalent control measure.
(J) Removal. All temporary erosion control devices including silt fence, gravel, hay bales or other measures shall be removed from the construction site and properly disposed of or recycled. This removal and disposal must occur within 30 days of the establishment of permanent vegetative cover on the disturbed area.
(K) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels of a wetland. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. Minnesota Department of Natural Resources regulations regarding appropriate permits shall also be strictly adhered to.
(L) Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system.
(M) Foundation, garage floor. Unless approved by the City Engineer, the top of the foundation and garage floor of all structures shall be at least 18 inches above the grade of the crown of the street.
(N) Stop work order. The City Administrator or City Engineer may issue stop work orders for any violation of this chapter.
(Ord. 251, passed 2-23-26)
§ 152.030 EXTERIOR LIGHTING.
Exterior use of lighting systems shall conform to the following provisions to reduce light pollution:
(A) Intensity.
(1) The cumulative light cast by all lights on the property shall not exceed 115 foot-candles at ground level measured at any point on the property.
(2) No light source or combination thereof which casts light on a public street shall exceed one foot-candle meter reading as measured at the right of way or property line.
(B) Commercial, industrial and institutional uses. Any lighting used to illuminate an off-street parking area, structure, or area shall be arranged so as to deflect light away from any adjoining property or from any public right of way in accordance with the following provisions:
(1) Shielding.
(a) The light fixture shall contain a cutoff which directs the light at an angle of 90 degrees or less.
(b) For light fixtures located within 30 feet of residential zoned property, additional shielding shall be required on the property line side of the fixture below the 90-degree cutoff to direct light away from the residential property.
(c) Lighting of entire facades of a building shall only utilize illuminating devices mounted on top and facing downward onto the structure.
(d) The following shall be exempt from the shielding requirements established by divisions (B)(1)(a) to (B)(1)(c) of this section.
1. Internally illuminated signs and signs with electronic displays as may be allowed by § 152.071 of this chapter.
(C) Height.
(1) The maximum height above the ground grade permitted for poles, fixtures, and light sources mounted on a pole shall be 35 feet.
(2) A light source mounted on a building shall not exceed the height of the building.
(D) Location. Except for building mounted fixtures within the C-2 Central Business District, all outdoor light sources shall be set back a minimum of ten feet from a public right-of-way and five feet from an interior side or rear lot line.
(E) Exceptions. The provisions of this section shall not apply to the following:
(1) Temporary outdoor lighting used during customary holiday seasons or civic celebrations.
(2) Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings, structures, facilities or public right-of-way.
(3) Emergency lighting by police, fire, and rescue authorities.
(4) Illumination of United States or Minnesota flags.
(5) Public parks, trails and recreational facilities.
(F) Prohibitions. The following outdoor lights are prohibited:
(1) Laser, strobe or flashing lights.
(G) Glare. Direct or reflected glare, such as from floodlights, spotlights, or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the site of origin at any property line. Any lighting used for exterior illumination (including off-street parking areas) shall be directed away from adjacent properties.
(Ord. 251, passed 2-23-2026)
§ 152.031 SMOKE.
The emission of smoke by any use shall be in compliance with and regulated by the state of Minnesota pollution control standards, Minnesota Regulations APC 7017.
(Ord. 251, passed 2-23-26)
§ 152.032 DUST AND OTHER PARTICULATE MATTER.
The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the state of Minnesota pollution control standards, Minnesota regulations APC 7011.
(Ord. 251, passed 2-23-26)
§ 152.033 AIR POLLUTION.
The emission of air pollution, including potentially hazardous emissions, by any use shall be in compliance with and regulated by M.S. Ch. 116, as may be amended.
(Ord. 251, passed 2-23-26)
§ 152.034 NOISE.
Noises emanating from any use shall be in compliance with and regulated by the Minnesota Pollution Control Agency in accordance with Minnesota statutes and rules.
(Ord. 251, passed 2-23-26)
§ 152.035 VIBRATION.
Vibration generated from any use shall be in compliance with and regulated by Minnesota Pollution Control Agency standards.
(Ord. 251, passed 2-23-26)
§ 152.036 BULK STORAGE (LIQUID).
All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with county, state, and federal agency requirements, and have documents from those respective agencies stating the use is in compliance.
(Ord. 251, passed 2-23-26)
§ 152.037 WASTE.
(A) All waste generated shall be disposed in a manner consistent with all Minnesota Pollution Control Agency rules.
(B) Any accumulation of waste generated on any premises not stored in containers which comply Minnesota Pollution Control Agency rules, or any accumulation of mixed municipal solid waste generated on any premises which has remained thereon for more than one week, or any accumulation of infectious, nuclear, pathological, or hazardous waste which is not stored and disposed in a manner consistent with Minnesota Pollution Control Agency rules is a nuisance and may be abated and the cost of abatement may be assessed against the property where the nuisance is found.
(C) The accumulation, storage, processing, and disposal of waste on any premises, which is not generated on that premises, is prohibited, except as specifically provided in this chapter.
(Ord. 251, passed 2-23-26)
§ 152.038 EXPLOSIVES.
Any use requiring the storage, utilization, or manufacturing of products which could decompose by detonation shall be located not less than 1,000 from any residential district. This standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or commercial purposes.
(Ord. 251, passed 2-23-26)
§ 152.039 RADIATION AND ELECTRICAL EMISSIONS.
No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment including but not limited to radio and television reception other than that of the creator of the disturbance.
(Ord. 251, passed 2-23-26)
§ 152.040 TRAFFIC CONTROL.
(A) The traffic generated by any use shall be channeled and controlled in a manner that will not contribute to congestion on public streets, safety hazards and excessive traffic through residential areas. Traffic into and out of all commercial, industrial and institutional uses and areas shall in all cases be forward moving with no backing onto streets or pedestrian ways.
(B) Screening; obstruction of view. Except as may be approved by the City Administrator, and except for a governmental agency for the purpose of screening, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be placed on or extend into a yard or right of way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway.
(C) Traffic sight visibility triangle; visibility from street. Visibility from any street shall be unobstructed above a height of three feet, measured from where both street centerlines intersect within the triangle described as beginning at the intersection of the projected curb line (or edge of shoulders for rural sections) of two intersecting streets, thence 45 feet along one curb line, thence diagonally to a point 45 feet from the point of beginning along the other curb line.
(D) Exceptions.
(1) Trees, plantings or landscape arrangements within the area described by this section that will not create a total obstruction higher than three feet shall be allowed.
(2) Properties within the C-2 Central Business District shall be exempt from the provisions of division (C) above.
(Ord. 251, passed 2-23-26)
§ 152.041 WETLAND PROTECTION AND MANAGEMENT.
(A) Wetland application. Every applicant for a grading permit to allow wetland disturbing activities must submit a report to the city. No grading permit to allow wetland disturbing activities shall be issued until approval of the wetland replacement plan application or a certificate of exemption has been obtained in strict conformance with the provisions of this chapter and the Minnesota Wetland Conservation Act. This section applies to all land, public or private, located within the city.
(B) Impacts to wetland.
(1) Protective buffer. A protective buffer of natural vegetation shall surround all wetlands within areas developed or redeveloped in accordance with the following provisions:
(a) Public trails and sidewalks. Public trails and sidewalks that are a maximum of ten feet in width can be included within the buffer provided the designated width is maintained.
(b) Outlot plat. The wetland and buffer shall be platted as an outlot if established as part of a subdivision application. All other applications shall require dedication of a conservation easement, unless otherwise approved by the City Engineer.
(c) Exception. Property owned by the City of Mayer shall be exempt from establishing an outlot or conservation easement for required buffer areas.
(B) Building setback. For properties developed or redeveloped, a building setback of ten feet for a side yard and 20 feet for a rear yard shall be provided from the delineated edge of all required wetland buffers at the time of development.
(Ord. 251, passed 2-23-26)
