In all districts, all material and equipment shall be stored within a building or be fully screened (see § 152.091) so as not to be visible from adjoining properties, except in the following instances:

   (A)   Construction and landscaping materials and equipment temporarily being used on the premises, as long as they are kept in a manner so as not to create a blighting issue.

   (B)   Agricultural equipment and materials if these are being used or intended for use on the premises.

   (C)   Private recreational vehicles, boats and equipment, as long as they are in an operable state.

   (D)   Public recreational equipment and facilities.

   (E)   Off-street parking facilities except as otherwise herein regulated and except in residential districts where any off-street parking area containing over six spaces may be required to be screened. Auto repair shops shall at no time have in excess of six disabled vehicles on the premises that are not screened from view. A disabled vehicle shall be maintained on the premises for no longer than six months.

(Ord. 102, passed 7-9-01; Am. Ord. 102-A, passed 6-24-02; Am. Ord. 102-G, passed 7-12-04; Am. Ord. 102-Y, passed 5-12-08; Am. Ord. 102-Z, passed 4-13-09)

      (1)   A green belt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide complete visual screening to a minimum height of six feet. Earth mounding or berms may be used, but shall not be used to achieve more than three feet of the required screening. The planting plan and type of plantings shall require the approval of the city.

      (2)   A screening fence may be incorporated into the green belt planting strip and shall be constructed of masonry, brick, or wood. Such fence shall provide a solid screening effect six feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the city.

(Ord. 102, passed 7-9-01; Am. Ord. 102-G, passed 7-12-04; Am. Ord. 201, passed 8-24-15; Am. Ord. 207, passed 4-11-16)

         (a)   One over-story tree for every 30 feet of street frontage.

(Ord. 102, passed 7-9-01; Am. Ord. 102-E, passed 6-14-04; Am. Ord. 102-K, passed 2-14-05; Am. Ord. 207, passed 4-11-16)

      (1)   No fence shall be constructed without a building permit. An application for a fence building permit shall be submitted to the city and shall be accompanied by the following:

         (a)   A fence elevation sketch showing/describing the type, dimensions, and color.

         (b)   Two copies of a certified survey (to scale) prepared by a registered land surveyor showing and including the following:

            1.   Property address;

            2.   Legal descriptions of adjoining properties and property lines;

            3.   Existing structures and hard surface areas;

            4.   North arrow;

            5.   Easements;

            6.   Setback dimensions;

            7.   Proposed fence location;

            8.   Dimensions from property line to fence.

         (c)   Method of anchoring the fence.

      (2)   Property lines shall be clearly marked with stakes and/or paint as a guide for proper placement and necessary inspections.

      (1)   Temporary fences not exceeding one year in duration.

      (2)   Underground pet fencing located outside of an easement area.

   (D)   Fencing in all districts shall conform to the following:

      (1)   Fences shall be located entirely upon the private property of the party constructing the fence unless the adjoining property owner(s) agree to a common boundary fence, by signing a City of Mayer common property line fence form.

      (2)   Except for common property line fences, all other fences shall be set back a minimum distance of two feet from the property line unless otherwise stated within this section.

      (3)   The owner(s) of the property upon which the fence is constructed shall be responsible for maintaining that part of their property between the fence and the property line.

      (4)   Fences in all districts shall be maintained so that the exposed outer surface shall be uniformly painted or stained in a neat and aesthetically pleasing condition.

      (5)   No fence shall be permitted on a public right-of-way or boulevard area without special permission from the City Council.

      (6)   No fence, greater than two and one-half feet in height, shall be erected within a corner lot sight triangle so that clear visibility of approaching vehicular or pedestrian traffic can be maintained. Such sight triangle means that triangular area defined as follows: beginning at the point of intersection of the right of way of two intersecting streets, thence 30 feet along one right of way line, thence diagonally to a point on the other right of way line 30 feet from the point of beginning, thence to the point of beginning.

      (7)   All snow-brake fencing may be used from November 1 to April 1. No permit shall be required for temporary winter snow-brake fencing.

      (8)   Any fence which is unsightly or dangerous to the public safety or general welfare and health is a public nuisance and the city may commence proceedings for the abatement thereof.

      (9)   Barbed wire and electrical fencing shall require special City Council approval. This requirement shall not be construed to prohibit the use of underground electric pet fencing or similar use.

      (10)   The side of the fence considered to be the face (finished side as opposed to structural supports) shall face the outside/abutting property.

      (1)   Side and rear yard fences shall not exceed a maximum height of seven feet. Front yard fences and fences located within the side yard abutting a street of a corner lot, shall not exceed a maximum height of four feet.

      (3)   Fences around dog kennels not exceeding 50 square feet in size, fences around garbage cans, and garden fences will not require fence permits but shall adhere to the other regulations of this section.

      (1)   Fences may be located in any yard not to exceed a height of eight feet. Fences over eight feet in height shall require a variance.

      (2)   District screening requirements shall be met.

      (1)   Outdoor swimming pools shall be adequately fenced to prevent uncontrolled access from the street or adjacent property.

      (2)   Outdoor swimming pools with a capacity of 1,500 gallons or more, or with a depth of three feet or more of water shall be fenced in compliance with the following: a fence at least four feet in height measured from ground level shall completely enclose any permanent outdoor swimming pool, whether it is above ground, or below ground. Any fence over seven feet in height measured from ground level shall require a variance.

(Ord. 102, passed 7-9-01; Am. Ord. 102-G, passed 7-12-04; Am. Ord. 102-U, passed 3-12-07; Am. Ord. 193, passed 8-11-14) Penalty, see § 152.999

   (A)   All lots with grass, hedges, landscaping, or other lawn flora (including clippings, trimmings, fallen leaves, and the like) must be maintained so as to not protrude onto public rights-of-way.

   (B)   No person shall throw, put, place, push, dump, deposit or blow, or cause to be thrown, put, placed, pushed, dumped, deposited or blown, any grass, grass clippings, weeds, trees limbs, paper products, chemicals, or any other kind of rubbish or debris into or onto any public street, roadway, lane or alley.

(Ord. 102, passed 7-9-01; Am. Ord. 183, passed 6-25-12)

         (a)   Ground source heat pump systems shall be allowed as a permitted accessory use in all zoning districts in accordance with the standards in this section.

         (b)   Ground source heat pump systems in public water bodies or water bodies owned or managed by the City of Mayer shall be prohibited except for stormwater ponds managed by the City of Mayer and when accessory to a City of Mayer facility.

         (a)   All ground source heat pump systems shall be closed loop systems that circulate heat transfer fluids as allowed by this section through pipes or coils buried beneath the land surface.

         (b)   Heat transfer fluids shall be limited to Minnesota Department of Health approved nontoxic, food grade fluids such as potable water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium acetate not to exceed 20% by weight.

         (a)   Ground source heat pump systems shall only be located in the rear yard as defined by the City of Mayer zoning ordinance.

         (b)   All components of ground source heat pump systems shall be set back a minimum of five feet from interior side lot lines and ten feet from rear lot lines.

         (c)   Ground source heat pump systems shall not encroach upon drainage and utility easements or any other easement.

      (4)   Screening. Ground source heat pump systems installed for use in a commercial, industrial or institutional uses are considered mechanical equipment and shall be screened in accordance with the requirements of the city’s zoning ordinance, if required. Ground source heat pumps installed for residential use shall be exempt from the screening requirement.

         (a)   The heat pump and any external or aboveground mechanical equipment shall be removed.

         (b)   Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid, which is to be captured and disposed of in accordance with state and federal regulations.

         (c)   The top of the pipe, coil or boring shall be uncovered and sealed.

         (a)   A building permit shall be obtained for any ground source heat pump system prior to installation.

         (b)   Borings for ground source heat pump system where the pipes or coils are installed vertically below the land shall also be subject to approval by the Minnesota Department of Health.

            1.   Roof or building mounted SES are permitted accessory uses in all districts in which buildings are permitted.

            2.   All roof or building mounted SES shall meet the standards of the Minnesota Building Code and the owner or contractor shall receive a building or mechanical permit before installing a roof or building mounted SES.

            4.   Roof or building mounted SES shall not exceed the maximum allowed height in any zoning district and shall not extend beyond the perimeter of the roof line of the building on which it is mounted. For purposes of height measurement, roof or building mounted SES other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building mounted mechanical devices for the zoning district in which the system is being installed.

            5.   Roof mounted SES shall be placed on the roof to limit visibility from the public right-of-way or to blend into the roof design, provided that minimizing visibility still allows the property owner to reasonably capture solar energy.

            1.   Ground mounted SES are permitted accessory uses in all districts in which buildings are permitted and shall be limited to a maximum area of 200 square feet in residential districts and shall not encompass more than 10% of the total property area or lot size in all other districts.

            2.   Ground mounted SES require a city building permit and is subject to the accessory use standards for the district in which it is located, including setback, height and impervious surface coverage limits.

            3.   The city does not consider the collector surface of a ground mounted SES that is not in a DNR designated Shoreland District as impervious surface. Any collector surface of a ground mounted SES foundation that is in a DNR designated Shoreland District and compacted soil or other component of the solar installation that rests on the ground is considered impervious surface.

            4.   The height of a ground mounted SES shall not exceed 20 feet at maximum tilt.

            5.   Ground mounted SES shall only be located in the rear yard as defined by this Chapter.

            6.   Ground mounted SES shall not encroach upon drainage and utility easements.

            1.   Community SES are permitted accessory uses in all districts in which buildings are permitted except for residential districts.

               i.   Shoreland districts as designated by the Department of Natural Resources (DNR) and the Mayer Zoning Map.

               ii.   Wetlands to the extent required by the Minnesota Wetland Conservation Act.

               iii.   The Floodplain Management Area as approved by ordinance by the city.

            10.   The owner or operator of the solar farm must submit to the city a detailed emergency shutdown plan as part of the review process.

            11.   The city allows the installation of small operations, security and equipment buildings on the site of solar farms as permitted accessory uses to the solar farm.

            12.   The owner or operator shall contain all unenclosed electrical conductors located above ground within structures that control access. In addition solar farms shall be protected from entry by a minimum six foot tall fence. Razor wire is prohibited on all fences. All electrical connections to the utility system must meet or exceed the National Electrical Safety Code.

            13.   Signage shall be posted at all entrance points to the property the solar farm is located on that includes at a minimum, the owner and operator’s name, contact information and emergency phone numbers.

            14.   The solar farm owner or operator shall provide access to the Mayer Fire Department either in the form of a lock or key to all access points to the property the solar farm is located on.

            15.   Solar farms that have panels that are ten megawatts or more shall meet the review and design standards of the MN Department of Commerce and/or MM Public Utilities Commission (PUC) for solar farms, as applicable.

            1.   The owners or operators of SES that are connected to the electric distribution or transmission system, either directly or through the existing service of the primary use on the site, shall obtain an interconnection agreement with the electric utility in whose service territory the system is located. Off-grid systems are exempt from this requirement.

            2.   Electric SES components that are connected to a building electric system must have an Underwriters Laboratory (UL) listing.

            3.   All SES shall meet the standards of the Minnesota and National Electric Code.

            4.   All SES using a reflector to enhance solar production shall minimize glare from the reflector that affects adjacent or nearby properties. Steps to minimize glare nuisance may include selective placement of the system, screening on the north side of the solar array, reducing use of the reflector system or other remedies that limit glare.

            8.   All SES shall meet ail federal and state requirements including the Public Utilities Commission (PUC) including size requirements.

            1.   The erection of a wind energy conversion system shall require approval of a conditional use permit, according to § 152.155 of this chapter.

            2.   Commercial wind energy conversion systems shall only be allowed as conditional uses within the A Agriculture zoning district on lots at least ten acres in area. The acreage restriction is required to protect WECS from encroachment by other uses or structures and to accommodate required setback between the WECS and property lines.

            3.   Non-commercial, tower-mounted WECS shall be allowed as conditional uses within A Agriculture, C-1 General Commerce, C/I Commercial/ Industrial, and P/I Public/Institutional zoning districts of the city, subject to the regulations and requirements of this section, provided the property upon which the system is to be located is constructed and maintained on any parcel of at least two and one-half acres In size. The acreage restriction is required to protect WECS from encroachment by other uses or structures and to accommodate required setback between the WECS and property lines.

            4.   Non-commercial, roof-mounted WECS shall be allowed as an accessory use on all properties within all zoning districts in the City of Mayer, subject to the regulations and requirements of this section. Only one roof-mounted WECS shall be allowed per lot.

               i.   Location and height of all buildings, structures, aboveground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors.

               ii.   Location and height of all adjacent buildings, structures, aboveground utilities and trees located within 350 feet of the exterior boundaries of the property in question.

               iii.   Sketch elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots.

               iv.   A description of the project including: nameplate generating capacity, proposed tower height, and proposed rotor diameter.

               v.   Engineer’s certification of structure design, electrical design, and fall zone.

               vi.   An elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots.

               vii.   In addition, applications for commercial WECS shall include:

                  a.   An FAA permit application, if required.

                  b.   A decommissioning plan.

            1.   The permitted maximum height of a tower mounted WECS shall be determined in one of two ways. In determining the height of the WECS the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor blades.

               i.   A ratio of one foot to one foot (1:1) between the distance of the closest property line to the base of the WECS to the height of the system. If the property the WECS is located on is adjacent to a residential zoned property an additional setback of ten feet shall be added.

               ii.   A maximum system height of 175 feet.

            2.   The shortest height of the two above mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA regulation part 77 “Objects Affecting Navigable Air Space” and/or MNDOT Rule 14, MCAR 1.3015 “Criteria for Determining Obstruction to Air Navigation”.

            1.   Tower climbing apparatus shall not be located within 12 feet of the ground.

            2.   A locked anti-climb device shall be installed on the tower.

            3.   Towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high.

            1.   Warning high voltage.

            2.   Manufacturer’s name.

            3.   Emergency phone number.

            4.   Emergency shutdown procedures.