Mayer City Zoning Code

GENERAL REGULATIONS

§ 152.050 NONCONFORMING BUILDINGS, STRUCTURES AND USES.

(A) Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. This zoning chapter establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall be eventually brought into conformity.

(B) General provisions.

(1) Conditional uses/interim uses/uses by administrative permit. Any legal nonconforming structure or use that is herein classified as a conditional use, interim use, or use by administrative permit may be continued in like fashion and activity and shall automatically be considered as having received the applicable approval. Any change to such a use, including, but not limited to, building and/or site alteration, shall however require a new permit be processed according to this chapter.

(2) Moving nonconforming buildings. Subject to § 152.054 of this chapter, no nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time it became a legal nonconformity, unless such movement will reduce the nonconformity.

(3) Subdivision. No parcel of land or portion thereof shall be subdivided if such action results in buildings and/or uses becoming nonconforming.

(4) Continuance of legal nonconformity. Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this section, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as specifically provided in this section, unless:

(a) The nonconformity or occupancy is discontinued for a period of more than one year; or

(b) Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged, unless the owner has applied for an extension of time with the city and the City Council has approved such extension.

(5) The City may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety.

(6) Definitions. For the purposes of this section, the following terms shall be defined as follows:

EXPANSION, ENLARGEMENT OR INTENSIFICATION. Any increase in a dimension, size, area, volume, or height, any increase in the area of use, any placement of a structure or part thereof where none existed before, any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool, any improvement that would allow the land to be more intensely developed, any move of operations to a new location on the property, or any increase in intensity of use based on a review of the original nature, function or purpose of the nonconforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city.

IMPROVEMENT. Making the nonconforming use better, more efficient, or more aesthetically pleasing, including any change that does not replicate what preexisted, but does not include an expansion, enlargement, or intensification.

REPLACEMENT, RECONSTRUCTION OR RESTORATION. Construction that exactly matches preexisting conditions.

(1) Changes to nonconforming uses.

(a) When a legal nonconforming use of any structure or parcel of land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(b) A legal nonconforming use of a structure or parcel of land may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

(c) Normal maintenance. Maintenance of a building or other structure containing or used by a nonconforming use will be allowed when it includes necessary nonstructural repair and incidental alterations which do not extend or intensify the nonconforming building or use.

(D) Nonconforming buildings and structures.

(1) Proposed structure. Any proposed structure that will become nonconforming by amendment of this chapter but for which a building permit has been lawfully granted prior to the effective date of the amendment, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of the amendment, is not abandoned for a period of more than 120 days, and continues to completion within two years. The structure shall thereafter be a legal nonconforming structure.

(2) Alterations. Alteration and normal maintenance to a legal nonconforming building or structure may be made through the building permit process provided.

(a) The alterations do not expand the foundation and/or building size (including deck additions), unless specifically allowed by this chapter.

(b) The alterations do not increase the building occupancy capacity or parking demand.

(3) Expansion of legal nonconforming buildings or structures.

(a) Administrative approvals. The following expansions of legal nonconforming single- and two-family residential buildings may be approved through the administrative permit process by the City Administrator subject to the provisions of § 152.016 of this chapter. The City Administrator shall make a determination that the building expansion will comply with the intent and purpose of this section and this chapter.

1. Expansion of principal buildings found to be nonconforming only by reason of height and yard setback may be allowed provided the expansion complies with the performance standards of this chapter.

3. Expansion of nonconforming detached accessory structures shall not be allowed.

(b) Conditional use permit. Legal nonconforming commercial, industrial, institutional, and multiple-family residential principal structures may be expanded on the same lot by conditional use permit provided.

1. The expansion will not increase the nonconformity of the building or site.

2. The new building expansion will conform to all the applicable performance standards of this chapter. A conditional use permit shall not be issued under this section for a deviation from other requirements of this chapter unless variances are also approved.

3. The request for conditional use permit shall be evaluated based on standards and criteria set forth in § 152.012 of this chapter.

(Ord. 251, passed 2-23-26)

§ 152.051 HOME OCCUPATIONS.

(A) Purpose. The purpose of this section is to maintain the character and integrity of residential areas, to prevent competition with commercial districts, to encourage telecommuting, and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood.

(B) Application. All occupations conducted in the home shall comply with the provisions of this section. This section shall not be construed, however, to apply to home occupations accessory to farming, home offices as defined by this chapter, or other occupations that do not involve or require the patron to be upon the premises.

(1) Administrative permit.

(a) Except as required by this section, home occupations defined by this chapter shall require an administrative permit pursuant to § 152.016 of this chapter issued subject to the conditions of this section, other applicable city ordinances and state law.

(b) The permit shall remain in full force and effect until such time as there has been a change in conditions or until such time as the provisions of this section have been breached.

(2) Declaration of conditions. The City Administrator may impose such conditions on the granting of an administrative permit as may be necessary to carry out the purpose and provisions of this section.

(3) Effect of permit.

(a) An administrative permit may be issued for a period of one year, after which the permit may be reissued for periods of up to three years each.

(b) Each application for permit renewal shall, however, be processed in accordance with the provisions of § 152.016 of this chapter regarding administrative permits, except that no application fee shall be required.

(4) Transferability. Administrative permits shall not run with the land and shall not be transferable.

(5) Lapse of administrative permit by nonuse. Whenever within one year after granting an administrative permit, the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Administrator. Such extension shall be requested in writing and filed with the City Administrator at least 30 days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use.

(6) Renewal of permits.

(a) An applicant shall not have a vested right to renewal of an administrative permit by reason of having obtained a previous permit.

(b) Each application for the renewal of a permit will be considered de novo without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit.

(D) General provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions:

(1) Glare, noise, odor, and the like prohibited. No home occupation shall produce light, glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

(2) Equipment. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

(3) Incidental to residential use. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

(4) External alterations. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.

(5) Activities conducted within principal dwelling. All home occupations shall be conducted entirely within the living quarters of the principal dwelling and may not be conducted in any portion of an attached private garage or within accessory buildings.

(6) Exterior storage. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site or the display of goods.

(7) Compliance with fire and building codes. The home occupation shall meet all applicable fire and building codes.

(8) Displays and signs. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of one unlighted sign not to exceed four square feet in area.

(9) Hours. No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m.

(10) Employment. Not more than one full time person and two part time persons, other than those who customarily reside on the premises shall be employed by the home occupation.

(11) Parking. Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway or guest parking area for multiple-family dwellings, where no vehicle is parked so as to obstruct a public street, sidewalk or trail or private driveway.

(12) Allowed home occupations.

(a) Home occupations include, and are limited to:

1. Hair salon.

2. Instructional classes with not more than one pupil at a time, except that up to three pupils all residing in the same household shall be allowed.

3. Massage therapy.

4. Photography studio.

5. Small appliance repair.

6. Tailoring, sewing and alternations.

7. Home offices.

8. Home daycares as an accessory use per the requirements of this chapter.

(b) Home occupations shall not involve any of the following:

1. Repair service or manufacturing which requires equipment other than found in a dwelling.

2. Services that consist of more than one pupil, client, or customer at a time, except that up to three persons all residing in the same household shall be allowed.

3. Over the counter retail sale of merchandise produced off the premises.

(E) Inspection. The city hereby reserves the right upon issuing any administrative permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.

(Ord. 251, passed 2-23-26)

§ 152.052 TEMPORARY STRUCTURES.

(A) Purpose. The purpose of this section is to provide for the erection of temporary structures (not including model homes/temporary real estate offices) needed for emergency purposes or for temporary use during the construction of a permanent structure.

(B) Procedure. The erection of a temporary structure shall require a site plan review as required under § 152.015 of this chapter.

(1) Structures. Temporary structures governed by this section shall be allowed in all zoning districts.

(2) Site plan required. No permit shall be issued for a temporary structure unless a site plan pursuant to § 152.015 of this chapter has also been approved if applicable, or unless a building permit has been issued for a new structure, addition or remodeling of an existing structure on the property.

(3) Termination of permit. The site plan shall terminate nine months from its date of issuance, or within 30 days after a certificate of occupancy has been issued by the building official for the permanent structure, whichever occurs first, unless a different time schedule is approved as part of the permit. The permit may be extended for an additional 90 days by the City Administrator.

(4) Setback. Temporary structures may be placed in a required building setback area, provided that no such structure may be placed within 30 feet of a public right-of-way or obstruct visibility at any street intersection or driveway access.

(5) State Building Code. All applicable requirements of the State Building Code shall be met.

(6) Water and sewer. Provisions for water and sewer servicing the temporary structures shall be subject to the review and approval of the building official.

(7) Security measures. Security measures such as lighting shall be implemented subject to the review and approval of the city.

(8) Parking. Subject to the provisions of § 152.067 of this chapter.

(9) Signage. Subject to the provisions of § 152.071 of this chapter.

(Ord. 251, passed 2-23-26)

§ 152.053 ESSENTIAL SERVICES.

(A) Purpose. The purpose of this section is to provide for the installation of essential services such as telephone lines, cable lines, pipelines, electric transmission lines and substations in such a manner that the health, safety and welfare of the city will not be adversely affected. Essential services shall also be installed in recognition of existing and projected demands for such services.

(B) Application. This section shall not apply to overhead electric transmission lines and substations greater than 100 kV.

(1) All telephone lines, pipelines and structures for local distribution, underground electric transmission lines, and overhead electric transmission lines and substations less than 33 kV, when installed in any public right-of-way in any zoning district, shall require an administrative permit approved by the City Administrator and subject to review and comment of the City Engineer.

(2) All telephone lines, pipelines and structures for local distribution, underground electric transmission lines, and overhead electric transmission lines less than 33 kV, which are intended to serve more than one parcel and are proposed to be installed at locations other than in public right-of-way, shall require an administrative permit issued by the City Administrator after approval by the City Engineer. Approval by the City Engineer shall be based upon the information furnished in the following procedural requirements:

(a) Prior to the installation of any of the previous essential services, the owner of such service shall file with the City Administrator all maps and other pertinent information as deemed necessary for the City Engineer to review the proposed project.

(b) In considering applications for the placement of essential services, as regulated in this section, the City Engineer shall consider the effect of the proposed project upon the health, safety and general welfare of the city, as existing and as anticipated; and the effect of the proposed project upon the comprehensive plan.

(c) Upon receiving the approval of the City Engineer, the City Administrator shall issue an administrative permit for the installation and operation of the applicant’s essential services.

(D) Conditional use permit required. All transmission pipelines (i.e., pipelines not required for local distributing network), overhead transmission and substation lines in excess of 33 kV and up to 100 kV shall be a conditional use in all districts subject to the procedural requirements and standards stipulated in this chapter and § 152.012 of this chapter.

(Ord. 251, passed 2-23-26)

§ 152.054 BUILDING RELOCATION/MOVING.

No existing building or structure shall be relocated or moved anywhere within in the city without a permit. A permit for the relocation of any building or structure shall not be issued without site plan approval by the city. The city shall not approve a site plan without certifying the following:

(A) Compliance required. Such activity shall comply with § 152.015 of this chapter.

(B) The use is allowed in the respective zoning district that includes the lot or parcel to which the building or structure is to be relocated.

(C) The building or structure maintains architectural and aesthetic compatibility in type, grade, quality of exterior building finish, building massing, height, floor area, age and character with existing buildings and structures on the same lot or parcel and in the area of the relocation destination.

(D) The building or structure meets all State Building Code requirements for new buildings or structures.

(E) The building or structure meets all other requirements of this chapter and any other city ordinances.

(Ord. 251, passed 2-23-26)

§ 152.055 SCREENING.

(A) Outside storage. The screening of outside storage areas and solar farms required herein shall consist of a solid fence or wall that is 100% opaque and not less than six feet or more than eight feet in height. Such a screen wall or fence shall be designed and constructed as to be architecturally harmonious with the principal structure or solar farm and located so as to not extend within 25 feet of any street. Landscaping (trees, shrubs, grass and other plantings) shall be on the right-of-way side of any screening or fencing. A screen planting may be substituted for a screen wall or fence or incorporated into a screen wall or fence at the discretion of the City Administrator, provided that any such screen planting shall fulfill the foregoing height and opacity requirements throughout each season of the year within 24 months after date of planting, and that no such screen planting shall be located across any existing easements.

(B) Commercial, industrial and institutional screening. Where any commercial, industrial or institutional use, except those within the C-2 Central Business District and public recreational facilities, abuts a residential district, that use shall provide screening along the property line abutting any property in the residential district. If a public or private street separates the uses, then screening shall not be required. All the screening specifically required by this chapter shall be subject to § 152.040(C) of this chapter related to traffic visibility and shall consist of a greenbelt strip as provided for below:

(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 Administrator.

(2) A screening fence may be incorporated into the green belt planting strip, but not in lieu of the greenbelt and shall be constructed of masonry, brick, vinyl or wood. Such fence shall provide a solid screening effect six feet in height. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection, unless otherwise established by the City Administrator. The design and materials used in constructing a required screening fence shall be subject to the approval of the City Administrator.

(3) Existing landscape material in good health and condition may be used to satisfy the requirements of this division (B) in whole or part when, in the opinion of the City Administrator, such material meets the requirements and intent of this section.

(C) Screening of mechanical equipment. All rooftop and ground mounted mechanical equipment of residential buildings having five dwelling units or more and of nonresidential buildings shall comply with the following standards:

(1) All rooftop and ground mounted mechanical equipment shall be screened so as to mitigate noise in compliance with § 152.034 of this chapter.

(2) All rooftop and ground mounted mechanical equipment shall be designed (including exterior color) and located so as to be aesthetically harmonious and compatible with the building. Screening of and landscaping around the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening.

(3) Rooftop mechanical equipment less than three feet in height may be exempt from screening requirements by the City Administrator.

(Ord. 251, passed 2-23-26)

§ 152.056 LANDSCAPING.

(A) Intent. It is the intent of the city to preserve its significant natural resources as a complement to existing and future development. In particular, wetlands and drainageways shall be preserved in their natural state for their functional and ecological value as well as for their positive impact upon proximate urban development.

(1) Development within woodland areas may be permitted but, as far as practical, retention of substantial tree stands shall be encouraged and incorporated into the required landscape plan.

(2) In addition to preservation of existing woodland areas, the city shall require significant landscaping and planting in open or disturbed areas as a normal part of land development. Specific requirements shall be set forth in this section.

(B) General mandatory landscaping and maintenance.

(1) All exposed ground areas, including street boulevards, and areas not devoted to off-street parking, drives, sidewalks, patios or other such improvements shall be landscaped with grass, shrubs, trees (except in boulevard portions of the public right-of-way) or other ornamental landscape materials within six months following the date of building occupancy, as determined by the certificate of occupancy. Grass shall be sod or seed placed over a minimum of four inches of black dirt.

(2) All landscaped areas shall be maintained by the property owner and kept neat, clear and uncluttered, and where landscaping is required as part of city approvals, any plant material which is diseased or dies shall be replaced with like kind of the original size. No landscaped area shall be used for the parking of vehicles or for the storage or display of materials, supplies or merchandise, unless specifically approved by the city.

(3) Fences and/or plantings placed upon utility easements are subject to removal by the city or utility company if required for maintenance or improvement of the utility. In such case, costs for removal and replacement shall be the responsibility of the property owner. Trees on utility easements containing overhead wires shall not exceed 15 feet in height, and such trees shall be the property owner’s responsibility to maintain.

(1) Landscaping. Required landscaping for new residential subdivisions and commercial, industrial or institutional uses shall include plantings at the property perimeter, off-street parking perimeter landscaping and interior landscape plantings as well as required residential buffer yard or transitional buffer zone plantings.

(2) Standards and criteria. All landscaping required by this section shall conform to the following standards and criteria:

(a) Minimum size. All plants must at least equal the following minimum size in conformance with American Nursery Association standards measured from the top of the ball or container to the top of the tree/shrub or bottom of the evergreen leader as shown below:

	Balled And Burlapped/Container
Shade trees	21/2 inch diameter
Ornamental trees (flowering crabs, hawthorn serviceberry, etc.)	2 inch diameter single stem or 6 - 7 foot clump form
Coniferous evergreen trees	6 feet
Tall growing shrubs and hedge material (evergreen or deciduous)	24 - 36 inch
Low growing shrubs:
Deciduous	18 - 24 inch
Coniferous evergreen	18 - 24 inch
Spreading coniferous evergreen	18 - 24 inch spread

(b) Spacing of required plantings.

1. Tree centers shall not be located closer than ten feet from the fence line or property line and shrub centers shall not be less than five feet from the fence or property line. Trees and shrubs shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the City Administrator.

2. Where plant materials are planted in two or more rows to comply with the minimum width of a required greenbelt, plantings shall be staggered in rows unless otherwise approved by the City Administrator.

3. Deciduous trees intended for screening shall be planted not more than 40 feet apart. Evergreen trees intended for screening shall be planted so that their branches are touching at the narrowest projected mature canopy width.

4. Where massing of plants or screening is intended, large deciduous shrubs shall be planted so that their branches are touching at the narrowest projected mature width.

5. Trees shall be planted outside of drainage and utility easements unless approved by the City Administrator.

(c) Acceptable tree species. Trees suitable for complying with this section shall be limited to those listed under division (E) below.

(d) Design.

1. All areas within the property lines (or beyond, if site grading extends beyond) shall be treated. All exterior areas not paved or designated as roads, parking, or storage must be planted into ornamental vegetation (lawns, ground covers, or shrubs) unless otherwise approved by the City Administrator.

2. Turf slopes in excess of three to one (3:1) are prohibited.

3. All plants required as part of an approved landscaping plan shall be maintained and kept alive and in good condition. Dead plants or plants in poor health or condition shall be treated or replaced in accordance with the approved landscape plan as determined by the City Administrator. Any species substitutions for replacement trees or shrubs shall be subject to approval by the City Administrator and must be demarcated on the final approved landscape plan submitted to the city.

4. In any development in which at least eight trees or foundation plantings are required, at least three varieties of plantings are required. In residential subdivisions, at least three varieties of front yard shade trees are required on each side of a street.

(e) Landscape guarantee.

1. All new plants shall be guaranteed for 12 months from the time planting has been completed.

2. All plants shall be alive, in good health, of good quality and structural condition, and insect and disease free at the end of the warranty period or be replaced.

3. Any replacements shall be warranted for 12 months from the time of planting.

(3) Off-street parking areas. All off-street parking areas with five or more parking spaces or any parking area within 20 feet of a residential zoning district shall be screened from view as follows:

(a) Installation of shade, ornamental and/or evergreen trees at the perimeter of the parking area meeting the spacing requirements of this section.

(b) For all commercial and institutional uses, and for those industrial uses abutting a residential zoning district, a continuous opaque barrier with a minimum height of three and one-half feet and a maximum height of five feet shall be provided along the perimeter abutting public rights-of-way and residentially zoned properties that consists of plantings, hedges, decorative or ornamental fences, walls or earth berms or any combination thereof.

(c) Landscaping shall be set back two feet from parking stalls to allow parking of vehicles without extending over the landscaped area.

(4) Residential buffer yards. The following additional landscaping requirements shall be required for double frontage parcels:

(a) Screening plan required. For applicable subdivisions, a comprehensive screening plan shall be submitted. The plan shall identify all proposed buffer screening in both plan and sectional view. A certified grading plan shall be provided prior to installation of any plantings to verify consistency with the approved grading and screening plan.

(b) Design standards buffer yards. Except where natural vegetation is acceptable, buffer yards shall contain a combination of earth berms, plantings, or privacy fencing of a sufficient density to provide a minimum visual screen and a reasonable buffer a minimum height of eight feet.

1. The height of the buffer yard shall be measured along a line drawn at the back of the curb of the roadway, or the edge of bituminous, to the ground elevation at the rear line of the building pad to the height of the plantings to be installed as defined by this section.

(c) Plantings. All designated buffer yards must be seeded or sodded except in areas of steep slopes where natural vegetation is acceptable as approved by the City Administrator.

(d) Walls and fences. All walls and fences erected within designated buffer yards shall meet the following conditions:

1. Walls and fences formally approved as part of the subdivision and site plan process shall conform to all of the requirements of this section.

2. At least 50% of the street side of a screening fence shall be landscaped with plant materials. Plant materials shall be at least equal to the fence height.

3. Fences may be exposed no more than a maximum length of 20 feet between landscaping areas or clusters.

(D) District requirements.

(1) R-1 Low-Density Residential and R-2 Medium-Density Residential Districts.

(a) Each platted detached single-family lot shall have two shade trees located in the front yard, and one shade tree located in the side yard adjacent to a street. All other dwelling units shall require one shade tree for every 30 feet of street frontage to be located in the yard adjacent to that street.

(b) The front and side yards shall be fully sodded. The back yard shall be sodded to a distance of 50 feet from the rear of the house. All remaining unsodded areas shall be seeded with grass seed.

(c) A landscape escrow shall be secured on all residential lots at the time the building permit is issued to assure completion of landscaping requirements. The amount of the escrow shall be established from time to time by City Council ordinance. The escrow shall be released when landscaping improvements have been completed as required in this section. If any portion of the landscaping is not completed within the timeframe required above, the city may cause such landscaping to be completed and draw upon the landscaping escrow deposit for the cost of completion. The owner of the property or lot shall be given notice by certified mail that the city plans to proceed with completion of the landscaping improvements at least ten days prior to the commencement of work. The city, its employees, agents or contractors shall have the right to go upon the property to complete the landscaping improvements without permission of the owner of the property or lot, and shall not be liable for trespass.

(2) R-3 Two-Family and Townhouse Residential and R-4 Multiple-Family Residential Districts.

(a) One shade tree for every 30 feet of street frontage to be located in the yard adjacent to that street.

(b) One landscape planting for every two dwelling units.

(3) C-1 Highway Business, P/I Public/Institutional and C/I Commercial/Industrial Districts.

(a) One shade tree for every 40 feet of street frontage to be located in the yard adjacent to that street, except that motor vehicle sales businesses shall be exempt from this requirement.

(4) C-2 Central Business District. One tree for every 1,000 square feet of total building area. If landscaping cannot be accommodated on site the plantings shall be placed in a city park or city right-of-way. Placement of such landscaping shall be approved by the City Administrator.

(5) I-1 Light Industrial District. One shade tree for every 50 feet of street frontage to be located in the yard adjacent to that street.

(6) PUD (Planned Residential Development). At a minimum, the landscaping for PUDs shall follow the respective district requirements above. Additional landscape requirements may be required as part of the PUD approval by the city.

(E) Tree preservation.

(1) Findings and purpose statement. The city finds it is in the best interest of the city to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development and alteration of wooded areas. In the interest of achieving these objectives, the city has established the tree preservation regulations herein to promote the furtherance of the following:

(a) Protection and preservation of the environment and natural beauty of the city.

(b) Assurance of orderly development within wooded areas to minimize tree and habitat loss.

(d) Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal.

(e) Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clear-cutting during development.

(f) Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the city.

(2) Application. The provisions of this section shall apply to all subdivision, grading permits, or construction, except for preliminary plats approved by the city prior to the adoption hereof.

(3) Process.

(a) For developers. The following process for preserving trees shall be required from the developer:

1. Prepare a tree preservation plan which shall be incorporated on the grading plan.

2. Implement the tree preservation plan prior to and during site development.

3. Submit a performance of financial guarantee for compliance with the approved tree preservation plan.

4. Comply with the city’s tree replacement procedure.

5. The tree preservation plan shall be submitted with preliminary plat plans or as part of the application for a grading permit. The tree preservation plan must be certified by a forester, landscape architect, or nurseryman retained by the developer.

6. The plat and grading plans will not be approved by the city without an approved tree preservation plan. In the case of grading permit applications, the tree preservation plan will be approved by the City Administrator. This decision may be appealed directly to the City Council.

(b) For home and business owners. The following process for preserving trees shall be required from the home and business owner if trees are being removed during grading or construction:

1. Identify the significant trees on the property, which significant trees will be removed due to grading or construction and the protection measures used to protect the preserved trees during grading or construction.

2. Comply with the city’s tree replacement procedure.

3. The tree preservation plan shall be submitted with the grading permit or building permit application. The tree preservation plan may be prepared by the applicant of the grading permit or the building permit. The tree preservation plan will be approved by city staff. This decision may be appealed directly to the City Council.

(4) Tree preservation plan.

(a) The developer shall be responsible for implementing the tree preservation plan prior to and during site grading and plan development.

(b) The tree preservation plan will be reviewed by the City Administrator to assess the best overall design for the project taking into account significant trees and ways to enhance the efforts of the developer to mitigate corresponding damage.

(c) The developer is encouraged to meet with staff prior to submission of the preliminary plat application or prior to application for the grading permit, whichever is sooner, to determine the placement of buildings, parking, driveways, streets, storage and other physical features which result in the fewest significant trees being destroyed or damaged.

(d) Mandatory protection. Measures to protect significant trees shall include the installation of snow fencing, silt fence, or polyethylene laminate safety netting placed at the drip line of significant trees to be preserved.

(5) Significant tree removal.

(a) Significant tree removal for developments.

1. Applicant shall retain the maximum amount of significant trees possible.

2. Forty percent of the existing caliper inches of significant trees may be removed during development without obligation of replacement.

3. Any removal beyond 40% will require replacement as described in division (E)(7) below.

(b) Significant tree removal for home and business owners.

1. Thirty percent of the existing caliper inches of trees may be removed during home or business construction without obligation of replacement.

2. Any removal beyond 30% will require replacement as described in division (E)(7) below.

(c) Trees exempt from replacement. The following types of trees shall not be included as part of the tally of tree removals and shall not be required to be replaced:

1. Dead, diseased, or dying trees.

2. Invasive species.

3. Trees that are transplanted from the site to another appropriate area within the city.

4. Trees that were planted as part of a commercial business such as a tree farm or nursery.

(6) Financial guarantee. The city may, at its option, withhold occupancy certification or require cash, a letter of credit or a bond satisfactory to the city in the amount of 125% of the value of the landscaping, securing the full performance of landscaping requirements. The amount of the security shall be determined by the contract value of the required improvements and may be held by the city for one full year from the date improvements were completed.

(7) Tree replacement.

(a) Tree replacement formula. Replacement of removed or disturbed trees in excess of the percentage allowed shall be according to the following guidelines:

1. For development which exceeds the percentage of allowable removal of significant trees, all significant trees shall be replaced at the ratio of one-half caliper inch per one caliper inch removed.

(b) Size, types, and diversification of replacement trees. Replacement trees shall be of a similar species to those that are removed, but also shall be a minimum of 25% conifers and 25% deciduous hardwoods. Replacement trees must be no less than the following sizes:

1. Deciduous trees shall be no less than two and one-half caliper inches.

2. Coniferous trees shall be no less than six feet high.

(c) Acceptable tree replacement species. The following list of trees are acceptable for tree replacement species. The city may, at its discretion, approve additional species if circumstances such as soil conditions, hydrology, topography, or recent tree diseases warrant.

1. Black cherry.

2. Cedar.

3. Fir.

4. Hickory.

5. Linden.

6. Maple (except silver maples).

7. Oak.

8. Pine.

9. Spruce.

10. Walnut.

(d) Fee in lieu of tree replacement or replacement trees planted in public areas. The city recognizes that there may be instances where the total amount of tree replacement required cannot occur on site or that there are some land uses (such as refining) that are not compatible with trees. In those instances, the city may, at its option, accept a fee in lieu of tree placement or allow the planting of replacement trees in public areas. Tree replacement is encouraged to happen on site as much as possible and fee in lieu of tree replacement should be used only when replacement cannot occur on site. The fee in lieu of tree replacement will be determined annually by the City Council through the city fee schedule.

(Ord. 251, passed 2-23-26)

§ 152.057 FENCES.

(A) Location. Fences constructed at the limits of a property shall comply with the following provisions:

(1) Fences, including footings, shall be located entirely upon the private property for which the building permit has been issued.

(2) The owner of the property on which a fence exists or is proposed to be constructed is responsible for verifying their property lines by:

(a) Locating their property irons; or

(b) If the property lines cannot be located:

1. The City Administrator may require the owner of property upon which a fence now exists, or may require any property owner proposing to construct a fence to establish the boundary lines of the property by a survey thereof to be made by a registered land surveyor; or

2. The owner of property upon which a fence now exists, or the property owner on which the fence is to be constructed and the owner(s) of the adjoining properties agree to a common boundary fence agreement regarding the location of the fence. The agreement is to be signed by the adjoining property owners(s) on the City of Mayer common property fence form and kept on file at City Hall.

(3) No fences shall be placed on or extend into public rights-of-way or onto public property.

(4) Fences in easements shall not impede the flow of water. If the city needs to utilize the easement, the fence will be removed and relocated at the expense of the property owner.

(B) Building permit required.

(1) Fences shall be permitted in all yards and 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 of materials, dimensions, and color.

(b) If required, 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.

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

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

(3) All temporary snow-brake fencing, which may be used from first snowfall to last snowfall.

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

(1) Every fence shall be of substantial construction using material reasonably suited for the purpose for which the fence is proposed to be used. 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 City Administrator shall commence proper proceedings for the abatement thereof.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) Barbed wire fences and electric fences shall only be permitted on farms related to agriculture in the A Agriculture District.

(7) The side of the fence considered to be the face (finished side as opposed to structural supports) shall face the outside/abutting property or street right-of-way.

(8) Use of mesh HDPE plastic fencing or chicken wire fencing shall only be allowed on a temporary basis for snow brakes, at active construction sites or for special events to provide crowd or parking control.

(E) Fencing in residential districts.

(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.

(2) Yards abutting public rights-of-way; fences located within front yards, within side yards of a corner lot, or within rear yards of a double frontage lot abutting a public right-of-way.

(a) Fences located within the front yard shall not exceed four feet in height and shall be at least 75% open space for the passage of air and light.

(b) Fences located within a required side yard of a corner lot abutting a public right-of-way or within the required rear yard of a double frontage lot abutting a public right-of-way shall not exceed seven feet in height and shall be no closer to the front lot line than a point intersecting the front line of the principal building.

(c) A fence constructed within the front yard, within a required side yard of a corner lot abutting a public right-of-way, or within the required rear yard of a double frontage lot abutting a public right-of-way shall be set back ten feet from the property line abutting a public right-of-way, except where additional setback is required for the traffic visibility triangle.

(d) For interior lots, a gate constructed of the same material as the fence shall be provided in the fence to allow for maintenance of the street side boulevard.

(F) Fencing in commercial, industrial and institutional districts.

(1) Commercial and institutional districts.

(a) No fence shall be erected within a required front yard.

(b) Fences may be erected up to a height of eight feet within a side yard, side yard abutting a public right-of-way of a corner lot, rear yard, or rear yard of a double frontage lot.

(d) Fences within a required front yard or fences erected to a height greater than eight feet may be allowed by approval of a conditional use permit and shall be at least 75% open space for the passage of air and light.

(2) Industrial districts.

(a) Fences may be erected up to a maximum of eight feet in height, except as may be allowed by approval of a conditional use.

(b) Fences extending across front yards and side yards abutting a public right-of-way shall be at least 75% open space for the passage of air and light.

(G) Required fences - swimming pool protection.

(1) Outdoor swimming pools shall be adequately fenced with a physical barrier as a safeguard to prevent children from gaining uncontrolled access and to prevent uncontrolled access from the street or adjacent property. This can be accomplished with fencing or the walls of a principal or accessory structure of sufficient density as to be impenetrable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children.

(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.

(3) Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:

(a) The proposed location of the pool and its relationship to the principal building on the lot.

(b) The size of the pool.

(d) The location, size, and types of equipment to be used in connection with the pool, including, but not limited to, filter unit, pump fencing, and the pool itself.

(H) Traffic sight visibility triangle. On corner lots, no fence or screen shall be permitted within the area defined as the traffic sight visibility triangle by § 152.040 of this chapter.

(I) Existing fences. No existing fence in violation of this section will be allowed to be replaced or rebuilt. Should an existing fence be replaced or rebuilt, it must comply with the requirements of this section.

(Ord. 251, passed 2-23-26)

§ 152.058 OUTSIDE STORAGE.

(A) Purpose. The purpose of this section is to provide standards for allowing outdoor storage of materials, equipment, and vehicles as may be allowed within the respective zoning ordinance such that the activity can occur compatibly with surrounding uses and properties.

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

(1) Construction and landscaping materials, equipment temporarily being used on the premises and land/sea containers, as long as they are kept in a manner so as not to create a blighting issue and meet the requirements of this section.

(2) Agricultural equipment and materials if these are being used or intended for use on the premises in the A Agriculture District.

(3) Not more than five licensed and operable recreational vehicles and equipment may be parked or stored on property outside a building as required in § 152.067 of this chapter.

(4) Public recreational equipment and facilities and recreational furniture used and constructed explicitly for outdoor use.

(5) 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.

(6) Clothesline pole and wires and play equipment.

(7) Within the I-1 District, semi-tractor trailers used for normal freight and cartage in transit for up to 120 consecutive days per calendar year.

(8) Within the A Agricultural District, C/I Commercial/Industrial District, and I-1 Light Industrial District, land/sea containers which are in compliance with the following, shall be allowed as outside storage. Land/sea containers shall not be allowed in any residential districts, the C-1 Highway Business District, the C-2 Central Business District or the P/I Public Institutional District unless being used on a temporary basis for construction purposes or moving, in which case the requirements of this section do not apply. Applications for land/sea containers shall be submitted to the city to be reviewed for zoning compliance under the following requirements.

(a) Accessory use. Land/sea containers shall be allowed only in districts where such use is listed as an accessory use as outside storage. Any other outdoor storage of land/sea containers is prohibited and land/sea containers shall not be located on the lot prior to the construction of a principal structure.

(b) Number allowed. There shall not be more than three land/sea containers located on a lot.

(c) Use. Land/sea containers shall not be permitted to be rented or leased to third parties for storage purposes and shall only be for used by the owner or occupant of the lot.

(d) Dimensions. Land/sea containers shall not exceed the dimensions of 40 feet in length, eight and one-half feet in width and ten feet in height and shall not be stacked on top of each other.

(e) Location. Land/sea containers shall meet all accessory building setback requirements and shall only be located in the rear yard of the lot or in the side yard of the lot if the land/sea container is located in the rear 50% of the lot, but in no case shall the land/sea container be located further forward than the front of the building. Land/sea containers shall not be allowed on required parking spaces.

(f) Lot coverage. Land/sea containers, unless being used on a temporary basis for construction purposes or moving, shall count towards the lot coverage requirement of the zoning district the land/sea container is located in.

(g) Signs. No signs or lettering shall be permitted on land/sea containers other than what comes on a land/sea container as manufactured.

(h) Screening. Land/sea containers shall meet the screening requirements of § 152.055 of this chapter unless the owner paints the land/sea container an earth tone color to complement the principal structure on the lot. Screening shall be required when the land/sea container abuts a residential district or public right-of-way.

(i) Exterior appearance. Land/sea containers shall be maintained in a good condition free from structural damage, rust, deterioration and shall be painted an earth tone color to compliment the principal structure on the lot if the land/sea container is not screened per § 152.055 of this chapter.

(Ord. 251, passed 2-23-26)

§ 152.059 LOT PROVISIONS.

(A) Lots of record.

(1) No lot of record shall be reduced in size below the district requirements of this chapter.

(2) A lot of record shall be deemed a buildable lot even though the lot area and/or dimensions are less than those required for the district provided the following conditions are met:

(a) Evidence must be presented that the lot in question met minimum requirements for the division of property under ordinance regulations in effect at the time the property was divided.

(b) It fronts a public street.

(d) A nonconforming single lot of record located within an Agricultural Zone, guided for residential development, may be allowed as a building site without variances from lot size requirements, provided that:

1. A site plan is provided showing how the land could be further subdivided in the future to accommodate further development consistent with the city’s comprehensive plan density requirements;

2. Water and sewer connections are installed within the house to the exterior foundation to allow future connection to municipal utilities;

3. An agreement/letter of awareness is executed which would require the property owner to connect to municipal utilities within one year of the extension of municipal utilities to the site/area and properly abandon the private well and/or septic system;

4. The site was previously utilized as a building site for residential use;

5. The lot is a minimum five acres in size; and

6. The lot fronts a public street.

(3) If two or more lots are in single ownership and if all or part of the lots do not meet the width and area requirements of this chapter, the contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter.

(B) One building per lot. No more than one principal building shall be located on a lot unless specifically permitted herein.

(C) Public utilities required. All residential, commercial, industrial, public, institutional or other uses that include plumbing facilities shall be connected to the public sewer and water system.

(Ord. 251, passed 2-23-26)

§ 152.060 PUBLIC PROPERTY/RIGHTS-OF-WAY.

(A) Street access required. Every building hereafter erected shall be located on a lot having frontage on a public street, except as specifically permitted in this chapter.

(B) Coverage. The erection and/or placement of any structure in the public right-of-way or on city property by any person, or group other than the City of Mayer, Carver County, the State of Minnesota, federal government or franchised utility shall require the processing of a conditional use permit in accordance with § 152.012 of this chapter. Exceptions to this provision include newsstands, USPS mailboxes, essential services, signs allowed under § 152.071 of this chapter, radio receivers and transmitters as an accessory use to essential services, and personal wireless communication antennas located on existing lattice electrical transmission towers, provided that the use and equipment comply with all applicable requirements of this section.

(C) Liability. As a condition of approval for the erection or placement of a structure in the public right of way, or on city property by any party other than those specified above, the applicant shall be required to demonstrate a significant need for such structure placement and that it will not interfere or conflict with the public use and/or purpose of the right-of-way. Additionally, the applicant shall sign a contract with the city that holds harmless the city for any potential liability and shall demonstrate to the Zoning Administrator proof of adequate liability insurance.

(Ord. 251, passed 2-23-26)

§ 152.061 GENERAL YARD AND LOT AREA REGULATIONS.

(A) Purpose. This section identifies yard, lot area, building size, building type, and height requirements in each zoning district.

(B) High water elevation. No structure, except piers, docks, and retaining walls shall be placed at an elevation such that the lowest floor, including basement floor, is less than three feet above the highest known water level, or less than one foot above the 100-year regulatory flood protection elevation, if determined, of any adjacent lake, pond, river, watercourse, or wetland. If sufficient data on known high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high-water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize, and construction shall not begin until the property has been inspected by the building official.

(C) Groundwater elevation. The lowest floor, including basement floor, of all structures shall be at a level at least three feet above the highest known groundwater table elevation. If requested by the building official, the groundwater table elevation shall be determined by a licensed soils engineer using soil borings, piezometers, or the observation of mottled soils.

(D) Building height.

(1) BUILDING HEIGHT shall be defined for the purposes of this section as a distance measured from the mean ground level to the mean height of the roof as follows:

(2) The specific regulation of building height within the various zoning districts shall be as set forth in those sections of this chapter.

(3) The building height limits established herein for districts shall not apply to the following:

(a) Belfries.

(b) Church spires and crosses or other symbols as an element of the principal building.

(d) Flagpoles.

(e) Parapet walls extending not more than three feet above the limiting height of the building.

(f) Poles, towers and other structures for essential services.

(g) Necessary mechanical and electrical appurtenances, including, but not limited to, chimneys or flues, cooling towers or elevator penthouses.

(h) Agricultural buildings on farm properties.

(i) Wind energy conversion system towers as regulated by § 152.066 of this chapter.

(j) Antenna support structures as regulated by § 152.065 of this chapter.

(E) Dwelling below ground level. Earth-sheltered dwellings, meaning residential structures constructed so that 50% or more of the exterior surface area of the building, excluding garages and accessory buildings, is covered with earth and all applicable codes and ordinances including the State Building Code are satisfied, are permitted pursuant to applicable regulations of this chapter. Partially completed buildings shall not be considered earth sheltered.

(F) Land slope. No building or structure shall be constructed on slopes of 18% or more in grade.

(G) Yards. Except as provided below, no lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this chapter, and if the existing yard or other open space is less than the minimum required, it shall not be further reduced. No required open space provided around any building or structure shall be included as part of any open space required for another structure.

(1) Exceptions. The following shall not be considered as encroachments on yard setback requirements:

(a) Cantilever building sections without a foundation and supported only by one wall of the structure, building elements supported by a foundation including chimneys, flues, leaders, sills, pilasters, lintels and other ornamental features up to ten feet in width, and cornices, eaves, gutters, and the like may project not more than two feet into a yard.

(b) Ramps, lifts, railings, landings or other structures only to the extent necessary to provide access to the building for persons with disabilities in accordance with the Americans with Disabilities Act requirements.

(c) Recreational and laundry drying equipment, arbors and trellises, gazebos, and air conditioning or heating equipment shall be allowed only in a rear or side yard, provided they are at a distance of five feet from any lot line. No encroachment shall be permitted in existing or required drainage and/or utility easements.

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

(2) Triangular lots. In the case of triangular lots, where the rear lot line is a single vertex, the rear yard setback points of reference shall be determined by measuring the length of the setback distance from the vertex along the side lot lines. The rear setback line shall be determined by traversing the lot and connecting these points of reference.

(Ord. 251, passed 2-23-26)

§ 152.062 LAND EXCAVATION AND MINING.

(A) Any land excavation or mining activity in the city requires an interim use permit and must meet the following conditions:

(1) An application for an interim use permit for land excavation or mining must be filed with the city, and an approved interim use permit must be received from the City Council prior to beginning of operations.

(2) The applicant shall furnish the city with detailed plans, identifying existing elevations and contours, material quantities, access/haul routes and final grades/contours.

(3) The duration of a land excavation or mining permit shall be from April 15 to October 15 of the permit year.

(4) Material stockpiles shall not remain after the duration of the permit.

(5) Topsoil shall not be removed from the site, unless authorized by the city.

(6) Mining is an interim use only in the A Agriculture District and is prohibited in all other districts.

(B) A land excavation or mining permit shall not be required for any of the following:

(1) Excavation for a foundation, cellar or basement of a building if a building permit has been issued.

(2) Excavation by federal, state, county, city authorities in connection with construction or maintenance of roads, highways or utilities.

(3) Excavation less than 100 square feet in area or one foot in depth in a calendar year.

(4) Excavation or grading for agricultural purposes.

(1) Topsoil shall be removed from the excavation area(s) and stockpiled for rehabilitation.

(2) Rehabilitation shall be continuous, occurring as quickly as possible after the extraction operation has moved into another part of the extraction site.

(3) The excavation area shall be graded to blend in with the unexcavated area, without changing or impacting the natural course of drainage.

(4) Topsoil shall be replaced and the disturbed area re-seeded prior to permit expiration.

(5) All water areas resulting from excavation shall be eliminated upon rehabilitation of the site, unless previously approved by the city.

(6) The slope of the restored site shall not exceed a five-to-one (5:1) ratio.

(Ord. 251, passed 2-23-26)

§ 152.063 BUILDING DESIGN STANDARDS.

(A) Building type and construction. Buildings in all zoning districts shall maintain a high standard for exterior architecture to ensure a high quality of development and land use compatibility that contribute positively to community image in regard to material quality, visual aesthetics, permanence and stability and to prevent use of materials that are unsightly, deteriorate rapidly, contribute to depreciation of area property values, or cause urban blight.

(1) General provisions.

(a) General design concept. Building or project designs shall utilize materials, colors, or details to meet the intent of these architectural standards.

(b) Design elements. Projects may be required to utilize building ornamentation features, including, but not limited to: columns, arches, parapets, cornices, friezes, canopies, moldings, dentils, corbels, quoins, rustication, vaults, domes, and cupolas.

(2) Architectural and aesthetic compatibility. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the community’s public health, safety and general welfare.

(3) Permitted exterior building materials.

(a) The primary exterior building facade finishes for residential uses shall consist of materials comparable in grade to the following:

1. Brick.

2. Stone (natural or artificial).

3. Integral colored split face (rock face) concrete block.

4. Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood or cypress.

5. Stucco (natural or artificial).

6. Vinyl, steel, or aluminum siding.

(b) The primary exterior building facade finishes for commercial uses shall consist of materials comparable in grade to the following:

1. Brick.

2. Stone (natural or artificial).

3. Integral colored cast in place concrete or precast concrete panels.

4. Integral colored split face (rock face) concrete block.

5. Glass curtain wall panels.

6. Stucco (natural or artificial).

7. Steel or aluminum siding.

(c) The primary exterior building facade finishes for industrial and institutional uses shall consist of materials comparable in grade and quality to the following:

1. Brick.

2. Stone (natural or artificial).

3. Integral colored cast in place concrete or precast concrete panels.

4. Integral colored split face (rock face) concrete block.

5. Curtain wall panels of steel, fiberglass and aluminum (nonstructural, non-load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design.

6. Glass curtain wall panels.

7. Stucco (natural or artificial).

8. Steel, aluminum, COR-TEN siding.

(d) Roofs that are exposed or an integral part of the building aesthetics shall be constructed only of commercial grade asphalt shingles, wood shingles, standing seam metal, slate, tile, or copper. Flat roofs, which are generally parallel with the first floor elevation, are not subject to these material requirements.

(e) Building foundations not exceeding two feet and other such portions of a building’s facade need not comply with the requirements for the facade treatment or materials.

(4) Prohibited exterior building materials. Unadorned pre-stressed concrete panels, non-decorative concrete block, sheet metal, corrugated metal or unfinished metal shall not be used as exterior materials, except in association with farming activities in the A Agriculture District.

(5) Pole construction buildings. Pole construction buildings having a design that uses augured pillars or columns as footings, shall not be permitted in any zoning district except the A Agriculture District in association with farming activities. The construction of pole construction buildings in the district mentioned, shall be allowed upon the application for and issuance of a conditional use permit by the City Council.

(6) Residential and commercial districts.

(a) Except in the A Agriculture District, all accessory buildings larger than 120 square feet, shall be the same or similar color and shall be constructed with the same or similar quality and scale exterior building materials as in the principal building. All accessory buildings shall be compatible with the principal building on the lot.

(b) Accessory buildings for nonresidential uses, including those allowed in the residential districts, shall be of a similar character, design, and facade as the principal structure.

(7) Exceptions. Exceptions to the provisions of this section may be granted as a conditional use permit by the City Council, provided that:

(a) The proposed building maintains the quality intended by this chapter.

(b) The proposed building is compatible and in harmony with other structures within the zoning district.

(B) Minimum floor area per dwelling unit.

(1) Single-family dwelling units. Except as otherwise specified in the zoning district provisions, single-family homes as classified below shall have the following minimum floor areas per unit:

1 and 2 bedroom	960 square feet above grade
3 bedrooms or more	1,040 square feet above grade

(2) Multiple-family dwelling units. Except as otherwise specified in zoning district provisions, living units classified as multiple family dwelling (excepting elderly housing) shall have the following minimum floor areas per unit:

Efficiency units	500 square feet
1 bedroom units	700 square feet
2 bedroom units	800 square feet
More than 2 bedroom units	An additional 80 square feet for each additional bedroom

(3) Senior housing. Except as otherwise specified in the zoning district provisions, living units classified as senior housing units shall have the following minimum floor areas per unit:

Efficiency units	440 square feet
1 bedroom units	520 square feet
More than 1 bedroom units	An additional 80 square feet for each additional bedroom

(4) Two-family and townhouses. Except as otherwise specified in the zoning district provisions, two-family and townhouses, as classified below, shall have the minimum floor area per unit:

Two-family	650 square feet first floor above grade, plus 100 additional square feet for each bedroom
Townhouses	600 square feet first floor above grade, plus 100 additional square feet for each bedroom

(C) Efficiency apartments. Except for senior housing, the number of efficiency apartments in multiple-family dwellings shall not exceed one unit or 10%) of the total number of dwelling units in the building, whichever is greater. In the case of senior housing, efficiency apartments shall not exceed 30% of the total number of apartments.

(D) Minimum floor area, commercial and industrial structures. Principal buildings for commercial and industrial uses having less than 2,000 square feet of floor area may only be allowed upon approval of a conditional use permit as provided for in § 152.012 of this chapter.

(Ord. 251, passed 2-23-26)

§ 152.064 ACCESSORY STRUCTURES.

(A) Purpose. The purpose of this section is to provide performance standards for the erection, siting and use of accessory buildings, structures and uses that may be allowed within the various zoning districts to ensure compatibility with the principal use and with surrounding properties, as well as to protect the general health, safety and welfare of the community.

(B) Agricultural buildings on farm properties. Agricultural buildings on farm properties in the A Agriculture District are exempt from the requirements of this section.

(1) Number allowed.

(a) There shall not be more than one detached accessory building on a lot, unless no attached garage is present, then there shall be no more than one accessory building permitted in addition to a detached garage. When an attached garage is present, then a detached garage shall be considered an accessory building.

(b) One play equipment structure, open-sided structure, gazebo enclosed only by screening or clear windows, or greenhouse only with glass, plexi-glass or similar walls and roof having a footprint less than 200 square feet shall be allowed in addition to the number of accessory buildings allowed by division (A)(1) of this section.

(2) Site plan approval.

(a) Zoning permit required. Detached accessory buildings not exceeding 200 square feet in floor area shall be allowed without issuance of a building permit, but shall comply with all other provisions of this section. Such buildings must receive a zoning permit before they are constructed or moved onto property. The City Administrator or designee shall review the site plan and construction drawings to determine compliance with this section and other applicable ordinances, laws, and regulations.

(b) Building permit required. Detached accessory buildings greater than 200 square feet in floor area shall require a building permit. The city shall review the site plan and construction drawings to determine compliance with the Building Code and other applicable ordinances, laws, and regulations.

(3) Setbacks and encroachment.

(a) For corner lots, private garages (attached or detached) that are oriented so that vehicle access is directly straight in off of a public street adjacent to the side lot line shall be set back not less than 25 feet from the side lot line abutting the public right-of-way.

(b) Detached accessory buildings with a gross floor area of 200 square feet or less.

1. Such structures shall be set back at least six feet from any other building or structure on the same lot and shall not be located within a required buffer yard or drainage and/or utility easement.

2. No detached accessory building or structure shall be constructed within the front yard or side yard adjacent to a street. When encroachment into the required side or rear yard setbacks for a principal structure is allowed, such detached accessory buildings shall be set back at least five feet from all property lines.

1. Such structures shall be set back at least ten feet from any other building or structure on the same lot, and shall not be located within a required buffer yard or drainage and/or utility easement.

(4) Attached garages.

(a) The area of an attached garage shall be measured by interior dimensions.

(b) Attached garages shall comply with the following dimension standards:

1. Minimum floor area of an attached garage shall be 480 square feet.

2. Attached garages shall be a minimum of 22 feet in width.

1. The maximum floor area of an attached garage shall be 1,000 square feet, except that lots greater than one acre in area the maximum floor area may be 1,250 square feet.

2. Storage spaces located directly below attached garages shall not be considered in determining allowable accessory building floor area.

(d) An attached garage or structure attached to or part of the principal building shall maintain the same setbacks as required for the principal buildings.

(5) Decks. A deck or porch that is attached to the rear of a principal building may extend up to 50% into the required rear setback for the principal building.

(6) Animal enclosures.

(a) Domestic animal enclosures shall not be placed in the front yard or in the side yards abutting a street, shall not be placed closer than ten feet to any property line, and shall not be placed closer than 25 feet to any dwelling unit other than on the owner’s property.

(b) No encroachment shall be permitted in existing drainage and/or utility easements.

(c) Screening and/or a hard surface will be required if problems occur with appearance, noise, odor, and sanitation as determined by the city.

(d) No animal enclosure shall exceed 200 square feet.

(7) Sewer connection. There shall be no connection to sanitary sewer or private on-site septic systems from any detached accessory building.

(D) All zoning districts.

(1) Time of construction. No detached accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(2) Requirements. Any structure which requires a building permit or which is 30 inches or more in height shall be subject to setback, floor area and other requirements of this chapter.

(3) Height. All accessory buildings and structures shall not exceed 20 feet in height.

(4) The combination of all detached accessory buildings and garages shall not exceed more than 30% of the yard area in which is it located.

(5) Exterior building material. In all cases, accessory buildings shall be constructed of materials and colors similar to the principal structure, and in character with the surrounding built environment.

(6) Accessory buildings and structures in commercial, industrial and public/institutional zoning districts, shall maintain the principal structure setbacks. All accessory buildings and structures for commercial, industrial and public/institutional uses shall require site plan approval per § 152.015 of this chapter.

(E) Waste and recycling receptacles and enclosures.

(1) Storage. Except as provided for by this section, all waste and recycling receptacles shall be stored within the principal structure or within an accessory enclosure.

(2) Enclosures. All waste and recycling receptacles not contained within principal structures shall be enclosed in conformance with the following:

(a) Exterior walls. Exterior wall treatment shall be of similar color and materials. Exterior walls shall be minimum of six feet in height or one foot taller than the dumpster being enclosed and include a maintenance free front gate for access.

(b) Location. The enclosure shall be located in the side or rear yard and be set back a minimum of ten feet from the property line and shall not be located within any drainage and utility easement or required buffer yard.

(d) Screening. The trash/recycling receptacles for multiple-family residential, commercial, industrial and institutional uses shall be fully screened from view of adjacent properties and the public right-of-way.

(e) Approval. The design and construction of the trash enclosure shall be subject to the approval of the city.

(3) Maintenance; security. All enclosures and receptacles shall be kept in a good state of repair and waste receptacles shall include secure lids or covers to properly contain the waste and all gates and doorways into the enclosure shall be kept closed between garbage pick-ups.

(4) Exceptions.

(a) For detached single-family dwellings, waste and recycling receptacles not contained within principal structures shall be exempt from conformance with this section, but shall comply with the following:

1. Receptacles shall be located in side or rear yards, but not the side of a corner lot or rear yard of a double frontage lot abutting a public right-of-way.

2. Receptacles shall be set back a minimum of five feet from all property lines.

(b) Publicly accessible individual receptacles not larger than 60 gallons located on commercial, industrial, institutional or public properties for convenient disposal of trash items shall be exempt from the enclosure requirements of this section.

(Ord. 251, passed 2-23-26)

§ 152.065 COMMERCIAL WIRELESS TELECOMMUNICATION SERVICE TOWERS AND ANTENNAE.

(A) Purpose and intent. The purpose of this section is to establish balanced regulations for the construction and maintenance of wireless communication equipment in order to accommodate the growth of wireless communication systems within the city while protecting the public against adverse impacts on the city’s aesthetic resources and the public welfare. In order to accommodate the communication needs of residences and businesses while protecting the public health, safety, and general welfare of the community, the city finds that these regulations are necessary in order to:

(1) Facilitate provision of wireless communications services to the residences and businesses of the city.

(2) Minimize adverse visual effects of towers through careful design, siting, and vegetative screening.

(3) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(4) Maximize use of any new or existing communication tower to reduce the number of towers needed to serve the community.

(B) Existing towers and antennas. Antennas, towers and accessory structures in existence, which do not conform to or comply with this section are subject to the following provisions:

(1) Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this chapter.

(2) If such towers are damaged due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimension upon obtaining a building permit, except if it is destroyed to the extent of more than 50% of the assessed market value, then it shall not be restored unless the use of such structure shall thereafter conform to this section.

(1) Towers and antennas less than 200 feet in height above ground level, for wireless communications facilities are permitted upon the issuance of a conditional use permit pursuant to this chapter.

(2) Antennas or towers shall be located on the following property:

(a) Municipally owned land or municipally owned structures (in either such location, to be subject to a lease agreement to be entered into between the city and the proposed user including such terms and conditions including rent that the City Council deems appropriate under the circumstances.

(b) On any land located within the city that is zoned as an agricultural or industrial district.

(3) Antennas attached to existing structures shall not exceed 20 feet above the highest point of the structure.

(D) Conditional use permit requirements. Construction and maintenance of a wireless communication services, requires a conditional use permit issued by the city.

(1) In reviewing an application for a conditional use permit for the construction and maintenance of wireless communication services and supporting towers and accessory structures, the city shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of occupants of surrounding lands, the effect on property values of property in surrounding areas, and the effect of the proposed use on the comprehensive plan.

(2) In applying for a conditional use permit, the applicant shall provide the following information:

(a) Documentation illustrating compliance or pending compliance with FAA and FCC authorization procedures.

(b) Sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.

(c) Documentation of the area to be served including a search area for the antenna location. A narrative describing a search area (with not less than a one and one-half mile radius) clearly explaining why the site was selected, and a completed environmental assessment worksheet, including a summary of relevant conclusions, and what existing structures were available and why they are not suitable as locations or co-locations.

(d) Documentation that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the search area due to one or more of the following reasons:

1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned equipment at a reasonable cost.

2. The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified professional radio frequency (RF) engineer, and the interference cannot be prevented at a reasonable cost.

3. No existing or approved tower industrial sites within a one and one-half mile radius meet the radio frequency (RF) design criteria.

4. Existing or approved tower and commercial/industrial sites within a one and one-half mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified professional radio frequency (RF) engineer.

5. A good faith effort to co-locate on existing towers and structures within one and one-half mile radius was made, but an agreement could not be reached.

(e) A certified survey showing the location of the proposed tower/antenna.

(f) A detailed screening plan.

(g) A report from a qualified and licensed professional engineer that:

1. Describes the tower height and design with cross section and elevation.

2. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation between antennas.

3. Describe the number and type of antennas that can be accommodated.

4. Documents the steps the applicant will take to avoid interference with public safety telecommunications.

5. Includes the engineer’s stamp and registration number.

(h) A letter of intent committing all commercial wireless telecommunications service towers to allow the shared use of the tower if an additional user agrees, in writing, to meet reasonable terms and conditions for structures.

(E) Conditional use permits, not required. A conditional use permit is not required in the following circumstances:

(1) Antennas and towers used by the city for city purposes.

(2) Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor.

(3) Antennas or towers erected temporarily for test purposes or for emergency communications. Temporary antennas shall be removed within 72 hours following installation.

(4) Antennas mounted on water towers, public structures or on the roofs of existing public buildings not exceeding 20 feet above the principal structure.

(F) Fees. Fees issued for a conditional use permit pursuant to this chapter shall be set from time to time by City Council ordinance. The city shall not be responsible for incurring any of the costs associated with providing expert opinions or any charges associated with the approval of this conditional use permit. The applicant shall also be responsible for the fees associated with the need for the city’s consulting engineers to review the applicant’s plans. In addition to any fees associated with the conditional use permit, the applicant must also submit a performance bond to guarantee all construction and maintenance of the tower.

(G) Standards for the issuance and continuation of a conditional use permit. All antennas/towers constructed, and all writing therefore, shall comply with the following requirements:

(1) Towers shall be certified by a registered professional engineer under the laws of the State of Minnesota and shall conform to the latest structural standards and wind loading requirements of the Minnesota State Building Code and the Electronics Industry Association.

(2) An agreement providing for co-location and prompt removal of unused or obsolete towers shall be attached and become part of the permit.

(3) With the exception of necessary electric and telephone service and connection lines approved by the issuing authority on part of any antenna or tower, no lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way of a public street or highway, sidewalk, or property line.

(4) Any ground mounted tower/antenna design shall be such that the antenna will withstand high velocity wind and seasonal storms. The tower/antenna shall be maintained by the applicant so as to assure that it remains upright.

(5) Applicant must obtain Federal Aviation Administration approval or provide documentation that Federal Aviation Administration approval is not needed.

(6) Application must obtain Federal Communication Commission licensure and approval as required for various communications applications. Applicant shall follow Federal Communication Commission regulations regarding the correction or prevention of any radio frequency interference problems.

(7) Complete screening shall be provided surrounding all towers in excess of 15 feet in height from ground level. This screening shall be provided to a height necessary to cover all supporting equipment or buildings needed to support this tower. This screening shall be 100% opaque. The applicant shall also fence off the tower/antenna with a minimum of a six-foot high fence or barrier with a located gate to prevent public access.

(8) No guy wires shall be used to support commercial wireless telecommunication services towers.

(9) Communication equipment shall be fully enclosed in a structure approved by the city.

(10) Commercial wireless telecommunication services towers must meet the following height limitations:

(a) Towers designed for single users shall not exceed 80 feet in height.

(b) Towers over 80 feet and not exceeding 110 feet in height must be designed for one co-location use at a minimum.

(d) Towers over 150 feet and not exceeding 199 feet in height must be designed for three co-location uses at a minimum.

(11) Towers and antennas shall be designed to blend into the surrounding environment through the use of a natural color, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

(12) Commercial wireless telecommunication service towers shall be of a monopole design unless the city determines that an alternative design would better blend into the surrounding environment.

(13) No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state or local authorities.

(14) Applicant must submit proof of liability and worker’s compensation insurance. All communication towers, their antennas, and associated equipment shall be insured in the sum of at least $1,000,000 for injury or property damage caused by structural failure of the tower or associated equipment. Proof of all of the insurance shall be provided to the city on an annual basis. The insurance policy shall name the city as an additional insured.

(15) The permit will be subject to annual administrative review.

(H) Tower setback. Towers shall conform to each of the following minimum setback requirements:

(1) Towers shall be set back from the lot line as shown on a registered land survey by a minimum distance equal to one-half of the height of the tower including all antennas and attachments. In industrial and agricultural zoning districts, towers may encroach into the rear setback area, provided that the rear property line abuts another industrially or agriculturally zoned property and the tower does not encroach upon any easements.

(2) A tower’s setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.

(I) Lights or other attachments. No antenna or tower shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration or Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow’s nest, or like structure, except during periods of construction or repair.

(J) Towers supporting amateur radio antennas and towers. In residential, commercial and agriculture districts, private towers supporting amateur radio antennas/towers may be constructed subject to the following:

(1) Such structures are incidental to the principal use of the premises.

(2) Such structures shall not exceed 30 feet in height as measured from ground level. Any proposed structure in excess of 30 feet shall be by conditional use permit.

(3) Metal structures shall be constructed of or treated with corrosive resistant material. Wood poles shall be impregnated with rot-resistant, non-flammable substances.

(4) Every tower affixed to the ground shall be protected to discourage climbing of the tower.

(5) Such structures shall be screened to the greatest extent practicable to minimize visual impact on surrounding properties. Screening shall include landscape materials for ground-mounted tower/antenna structures. The city shall approve screening plans.

(6) No tower/antenna shall have affixed or attached reflectors unless required by the Federal Aviation Administration or Federal Communications Commission.

(7) A building permit shall be obtained prior to construction of such tower/antenna. All towers may be inspected at least once a year by the City Building Inspector to determine compliance with original construction standards.

(K) Violations. Notice of violations will be sent by registered mail to the owner and the owner shall have 30 days from the date the notification is issued to correct the violation. The owner shall notify the city that the corrections have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results. If the owner of the tower does not correct the violations, the city will then take the necessary steps in this section to revoke the user’s conditional use permit. Revocation of the conditional use permit will result in the need to take down the tower. If the tower is abandoned by the owner, and is not removed, the city shall have the right to use the bond submitted to the city with the initial application to pay for the removal of the tower.

(Ord. 251, passed 2-23-26)

§ 152.066 ALTERNATIVE ENERGY SYSTEMS.

(A) Purpose. The purpose of this section is to establish standards for alternative energy systems within the city.

(B) Ground source heat pump systems.

(1) Accessory use.

(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 and when accessory to a city facility.

(2) System requirements.

(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.

(3) Location.

(a) Ground source heat pump systems shall only be located in the rear yard as defined by this chapter.

(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.

(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 § 152.055 of this chapter, if required. Ground source heat pumps installed for residential use shall be exempt from the screening requirement.

(5) Noise. Ground source heat pump systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030.

(6) Certification. The ground source heat pump system shall be certified by Underwriters Laboratories, Inc., and comply with the requirements of the International Building Code.

(7) Abandonment. Any ground source heat pump system which is inoperable for 12 successive months shall be deemed to be abandoned and shall be deemed a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit as follows:

(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.

(8) Building permit.

(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) Purpose and intent. Mayer finds that it is in the public interest to encourage the use and development of renewable energy systems that have a positive impact on energy conservation with limited adverse impact on nearby properties. As such, the city supports the use of solar energy systems and the development of solar farms. Mayer also finds that the development of solar farms should be balanced with the protection of the public health, safety and welfare. The city intends the following standards will ensure that solar farms can be constructed within the city while also protecting public safety and the natural resources of the city. Consistent with the comprehensive plan, it is the intent of the city, with this section, to create standards for the reasonable capture and use, by households, businesses and property owners, of their solar energy resource and encourage the development and use of solar energy.

(2) Severability. The provisions of this section shall be severable and the invalidity of any paragraph, subparagraph or subdivision thereof shall not make void any other paragraph, subparagraph or subdivision of this section.

(3) Applicability. These regulations are for all SES and solar farms on properties and structures under the jurisdiction of this chapter except that the city requires the owner or operator of solar farms that would generate more than 50 megawatts of power to get approval for such a system from the Minnesota Public Utilities Commission (PUC).

(4) Types of SES.

(a) Roof or building mounted SES. Accessory to the primary land use, designed to supply energy for the primary use.

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.

3. Color. All roof or building mounted SES shall use colors that are the same or similar with the color of the building or roof material of the building on which the system is mounted.

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.

(b) Ground mounted SES. Accessory to the primary land use, designed to supply energy for the primary use.

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.

(c) Community SES. Community SES shall be accessory to the primary land use and designed to supply energy for off-site uses on the distribution grid, but not for export to the wholesale market or connection to the electric transmission grid. These systems shall be subject to the following conditions:

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

2. Prohibitions. The city prohibits community SES within:

A. Shoreland districts as designated by the Department of Natural Resources (DNR) and the Mayer zoning map.

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

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

D. Residential districts.

3. An interconnection agreement must be submitted to the utility company and proof be provided to the city that the utility company has deemed the agreement “complete”.

4. All structures must meet the setback, height and coverage limitations for the zoning district in which the system is located, except as otherwise stated in this section.

5. Ground mounted community SES must meet all required standards for structures in the district in which the system is located.

6. Site plan required. The owner or operator shall submit to the city a detailed site plan for both existing and proposed conditions. These plans shall show the location of all areas where solar arrays would be placed, the existing and proposed structures, property lines, access points, fencing, landscaping, surface water drainage patterns, floodplains, wetlands, the ordinary high-water mark for all water bodies, any other protected resources, topography, electric equipment and all other characteristics requested by the city.

7. Power and communication lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. The city may grant exemptions to this requirement in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bury lines.

8. Decommissioning plan. The city requires the owner or operator to submit a decommissioning plan for community SES to ensure that the owner or operator properly removes the equipment and facilities upon the end of project life or after their useful life. The owner or operator shall decommission the solar panels in the event they are not in use for 12 consecutive months. The plan shall include provisions for the removal of all structures and foundations, the removal of all electrical transmission components, the restoration of soil and vegetation and a soundly-based plan ensuring financial resources will be available to fully decommission the site. The disposal of structures and/or foundations shall meet all city requirements. The city also may require the owner or operator to post a bond, letter of credit or establish an escrow account to ensure property decommissioning.

(d) Solar farms. Solar farms shall be ground mounted SES arrays that are the primary use on parcel on which it is located and are designed for providing energy to off-site uses or export to the wholesale market. Solar farms, including those that are not permitted or regulated by the State of Minnesota Public Utilities Commission (PUC), shall be subject to the following conditions:

1. Solar farms shall be permitted as an interim use in the I-1 Light Industrial, A Agriculture and P/I Public/Institutional Zoning Districts, and shall be processed according to the standards of § 152.013 of this chapter.

2. Shall be on properties of at least five acres in size.

3. Stormwater management and erosion and sediment control shall meet the requirements of the city and best management practices.

4. Prohibitions. The city prohibits solar farms within:

A. Shoreland Districts as designated by the Department of Natural Resources (DNR) and the Mayer zoning map.

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

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

5. Foundations. The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels meets the accepted professional standards, given local soil and climate conditions.

6. Other standards and codes. All solar farms shall meet all applicable local, state and federal regulatory standards, including the State of Minnesota Building Code, as amended; and the National Electric Code, as amended.

7. Power and communication lines. All power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. The city may grant exemptions to this requirement in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bury lines.

8. Interconnection. The owner or operator of the solar farm must complete an interconnection agreement with the electric utility in whose service territory the system is located.

9. Site plan required. The owner or operator of the solar farm must submit to the city a detailed site plan for both existing and proposed conditions. These plans shall show the location of all areas where solar arrays would be placed, the existing and proposed structures, property lines, access points to the site, fencing, landscaping, surface water drainage patterns, floodplains, wetlands, the ordinary high-water mark for all water bodies, any other protected resources, topography, electric equipment and all other characteristics requested 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.

16. Decommissioning plan. The city requires the owner or operator to submit a decommissioning plan for solar farms to ensure that the owner or operator properly removes the equipment and facilities upon the end of project life or after their useful life. The owner or operator shall decommission the solar panels in the event they are not in use for 12 consecutive months. The plan shall include provisions for the removal of all structures and foundations, the removal of all electrical transmission components, the restoration of soil and vegetation and a soundly-based plan ensuring financial resources will be available to fully decommission the site. The disposal of structures and/or foundations shall meet all city requirements. The city also may require the owner or operator to post a bond, letter of credit or establish an escrow account to ensure property decommissioning.

(e) Additional standards. In addition to the standards allowed above, all SES shall meet the following standards:

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.

5. Setbacks. All SES structures and equipment shall meet the setback and coverage limitations for the zoning district in which the system is located, except that solar farms shall be setback from all property lines at least 100 feet. In addition, solar farms shall be screened from adjacent residential uses in accordance with § 152.091.

6. Abandonment. Any SES which is inoperable for 12 successive months shall be deemed to be abandoned and shall be deemed a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit.

7. Building permit. A building permit shall be obtained for any SES prior to installation.

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

(D) Wind energy conversion systems (WECS).

(1) Purpose. The purpose of this section is to establish standards and procedures by which the installation and operation of WECS shall be governed within the city.

(2) Application.

(a) Conditional use permit required.

1. The erection of a WECS shall require approval of a conditional use permit, according to § 152.012 of this chapter.

2. Commercial WECS 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 Highway Business, 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, subject to the regulations and requirements of this section. Only one roof-mounted WECS shall be allowed per lot.

5. Site plan drawing. All applications for a WECS conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the information as specified in § 152.015 of this chapter, including the following:

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

B. 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.

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

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

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

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

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

(i) An FAA permit application, if required.

(ii) A decommissioning plan.

6. Declaration of conditions. The Planning Commission may recommend and the City Council may impose such conditions on the granting of a WECS conditional use permit as may be necessary to carry out the purpose and provisions of this section.

(3) Code compliance.

(a) Compliance with State Building Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering data and calculations to demonstrate compliance with the structural design provisions of the State Building Code. Drawings and engineering calculations shall be certified by a Minnesota licensed engineer.

(b) Compliance with National Electrical Code. WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the city.

(4) Warranty. Applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within Mayer. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions.

(5) Design standards.

(a) Height of tower-mounted WECS.

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.

A. 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.

B. 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”.

(b) Height of roof-mounted WECS. A roof-mounted WECS shall only be allowed a maximum six feet above the roof line of the building or structure.

(c) Setbacks. No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback. WECS towers shall be setback from the closest property line one foot for every one foot of system height. WECS shall not be located within 30 feet of an aboveground utility line.

(d) Rotor size. All WECS rotors shall not have rotor diameters greater than 26 feet, except that roof-mounted WECS shall not have a rotor diameter greater than three feet.

(e) Rotor clearance. Blade arcs created by the WECS shall have a minimum of 30 feet of clearance over any structure or tree within a 200-foot radius.

(f) Rotor safety. Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 miles per hour or greater).

(g) Lightning protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city.

(h) Tower access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:

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.

(i) Signs. WECS shall have one sign, not to exceed two square feet posted at the base of the tower and the sign shall contain the following information:

1. Warning high voltage.

2. Manufacturer’s name.

3. Emergency phone number.

4. Emergency shutdown procedures.

(j) Lighting. WECS shall not have affixed or attached any lights, reflectors, flasher or any other illumination, except for illumination devices required by FAA regulations part 77 “Objects Affecting Navigable Air Space” and FAA Advisory circular 70/7460-1F, September 1978 “Obstruction Marking and Lighting”.

(k) Electromagnetic interference. WECS shall be designed and constructed so as not to cause radio and television interference.

(l) Noise emission. Noises emanating from the operation of WECS shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC 1 and 2, as amended.

(m) Utility company interconnection. No WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the city.

(6) Ornamental wind devices. Ornamental wind devices that are not a WECS shall be exempt from the provisions of this chapter and shall conform to other applicable provisions of this chapter.

(7) Inspection. The city hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.

(8) Abandonment. Any WECS or tower which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.

(E) Outdoor hydronic furnaces.

(1) Purpose. To promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the city due to air pollution and human health impacts caused by the use of outdoor hydronic furnaces and similar devices.

(2) Prohibited use. No outdoor hydronic furnace or similar device shall be permitted within any zoning district of the city.

(Ord. 251, passed 2-23-26)

§ 152.067 OFF-STREET PARKING AND DRIVEWAY REQUIREMENTS.

(A) Purpose. The regulation of off-street parking spaces and driveways in this chapter is to alleviate or prevent congestion of the public rights of way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles in accordance with the intensity of utilization of various parcels of land or structures. Off-street parking spaces and driveway shall be permitted as long as all setbacks, design and lot coverage requirements are met.

(B) Application of off-street parking regulations. The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the city.

(C) Site plan drawing necessary. All applications for a building permit or a certificate of occupancy in all zoning districts shall be accompanied by a site plan, as specified in § 152.015 of this chapter, indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in this chapter.

(D) General provisions.

(1) Floor area. The term FLOOR AREA for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, except as may hereinafter be provided or modified.

(2) Reduction of existing off-street parking space or lot area. Off-street parking spaces or lot area existing upon the effective date hereof shall not be reduced in number or size unless the number or size exceeds the requirements set forth herein for a similar new use.

(3) Change of use or occupancy of land. No change of use or occupancy of land already dedicated to a parking area, parking spaces, shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by this section.

(4) Change of use or occupancy of buildings.

(a) Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by this section.

(b) If the existing number of parking spaces provided for a multiple tenant mixed use, commercial, or industrial building does not conform to the required number of parking spaces, when a tenant vacates the building, the parking required by a new tenant occupying the vacated space may not exceed the parking required of the tenant being replaced. Required spaces of the existing and new tenant shall be determined in accordance with this section without reference to the fact that the use is in a multiple tenant building.

(5) Disability accessible parking. Disability accessible parking spaces shall be provided as applicable pursuant to M.S. § 168.021, as may be amended.

(6) Abandoned vehicles. It shall be unlawful for any person to park, store or leave any abandoned motor vehicle upon any public or private property within the city, or for any property owner or occupant to permit the parking, storing or leaving of any abandoned vehicle upon such private property, unless such vehicle is within an enclosed building or structure.

(7) Restrictions on parking.

(a) Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles, and/or storage of snow.

(b) On and off-street parking facilities accessory to a residential use shall be utilized solely for the parking of licensed and operable vehicles, except as may be otherwise allowed by this section or the following provisions. A maximum of five operable and licensed motor vehicles and/or recreational vehicles and equipment, may be parked or stored anywhere outside the principal or accessory structures on the lot. Any such motor vehicle and recreational vehicle and equipment placed upon a trailer shall constitute one motor vehicle or recreational vehicle and equipment for purposes of this section. All motor vehicles and recreational vehicles and equipment must be owned by the resident of the dwelling, excluding occasional guests. Motor vehicles and recreational vehicles and equipment parked in the front yard area must be on a paved or hard surface driveway and shall not be located on landscaping except as allowed by this section.

(c) Residential uses. Off-street parking facilities accessory to a residential use shall be utilized solely for the parking of licensed and operable passenger automobiles, vans, and trucks.

(8) Calculating the number of required spaces.

(a) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space.

(b) In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 18 inches of such design capacity seating facilities shall be counted as one seat for the purpose of determining requirements.

(c) Except as provided for under joint parking and for shopping centers, should a structure contain two or more types of use, each use shall be calculated separately for determining the total of street parking spaces required.

(9) Stall, aisle and driveway design.

(a) Design standards. Except as otherwise provided for herein, all off-street parking facilities shall conform to the following design standards:

PARKING LOT DIMENSION TABLE
Angle of Parking	Stall Width	Curb Length Per Car	Stall Depth	Aisle Width
0°	9'0"	23'0"	9'0"	12'0"
	9'6"	23'0"	9'6"	12'0"
	10'0"	23'0"	10'0"	12'0"
20°	9'0"	26'4"	15'0"	11'0"
	9'6"	27'10"	15'6"	11'0"
	10'0"	29'3"	15'11"	11'0"
30°	9'0"	18'0"	17'4"	11'0"
	9'6"	19'0"	17'10"	11'0"
	10'0"	20'0"	18'3"	11'0"
40°	9'0"	14'0"	19'2"	12'0"
	9'6"	14'10"	19'6"	12'0"
	10'0"	15'8"	19'11"	12'0"
45°	9'0"	12'9"	19'10"	13'0"
	9'6"	13'5"	20'2"	13'0"
	10'0"	14'2"	20'6"	13'0"
50°	9'0"	11'9"	20'5"	12'0"
	9'6"	12'5"	20'9"	12'0"
	10'0"	13'2"	21'0"	12'0"
60°	9'0"	10'5"	21'0"	18'0"
	9'6"	11'0"	21'3"	18'0"
	10'0"	11'6"	21'6"	18'0"
70°	9'0"	9'8"	21'0"	19'0"
	9'6"	10'2"	21'3"	18'6"
	10'0"	10'8"	21'3"	18'0"
80°	9'0"	9'2"	20'4"	24'0"
	9'6"	9'8"	20'5"	24'0"
	10'0"	10'3"	20'6"	24'0"
90°	9'0"	9'0"	20'0"	24'0"
	9'6"	9'6"	20'0"	24'0"
	10'0"	10'0"	20'0"	24'0"

(b) Parking space size. Except as may be specifically provided herein, parking space shall be not less than ten feet wide and 20 feet in length exclusive of snow storage and access aisles, and each space shall be served by access aisles as required by this section.

(c) Within structures. The off-street parking requirements may be furnished by providing stalls within the principal building or detached accessory structure.

(d) Circulation.

1. Except in the case of single-family, two-family and townhouse dwellings, access and parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley.

2. Except in the case of single-family, two-family and townhouse dwellings, access and parking area design which requires backing into the public street is prohibited.

(e) Compliance. Except in the case of single-family, two-family and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the standards outlined in this section and the following provisions:

1. Except as may be required or exempted by the city engineer, drive aisles and parking stalls shall be constructed in accordance with the following minimum tonnage standards:

A. One and one-half inch wear course.

B. Two-inch base course.

C. Six-inch aggregate base (class 5).

D. Subgrade subject to City Engineer’s approval.

2. A minimum one lift of asphalt or other hard surface material as required by this section, shall be installed prior to issuance of a certificate of occupancy or temporary certificate of occupancy.

(f) Curb cut width.

1. No driveway curb cut access shall be a minimum of 12 feet wide and shall not exceed 30 feet in width, as measured at the property line, unless approved by the City Engineer where required to allow adequate turning movement for commercial, industrial, or institutional uses.

2. Property access over a surmountable curb shall be limited to the area of the designated, paved driveway.

(g) Grade elevation.

1. Parking spaces and areas. The grade elevation of any parking area shall not exceed 5%, except as approved by the City Engineer.

2. Driveways. Unless approved by the City Engineer, the grade elevation of any driveway shall not exceed:

A. Ten percent for single-family, two-family, and townhouse dwellings.

B. Five percent for all other uses.

3. The garage slab for single-family, two-family and townhouse dwellings shall be constructed at an elevation that will permit a driveway with a minimum slope of 18 inches above the top of curb.

(h) Number allowed.

1. All property shall be entitled to at least one curb cut access.

2. Single-family uses shall be limited to one curb cut access per property unless an administrative permit is approved by the City Administrator, subject to the following criteria:

A. The property shall have a minimum of width of 125 feet.

B. No access shall be allowed to a collector or arterial street where there is at least one other existing access to the property.

3. All other uses shall be allowed one curb cut access for 125 feet of street frontage.

(i) Surfacing.

1. All driveways and parking stalls shall be surfaced with asphalt, concrete or paving brick, except for property in the A Agriculture District such as farm dwellings and farm operations. Driveways in the A Agriculture District shall be surfaced from the intersection of the road, for the first 100 feet of the driveway, with asphalt, concrete, or paving brick or other approved hard surface, as approved by the City Engineer.

2. Plans for surfacing and drainage of driveways and stalls for five or more vehicles shall be submitted to the City Engineer for review and the final plans shall be subject to the engineer’s written approval.

3. Existing legal nonconforming driveways and parking area surfaces shall be brought into compliance with this section at the time of any improvement that intensifies the use of the parking area or driveway.

(j) Striping. Except for single-family, two-family, and townhouses, all parking areas of five spaces or more shall be marked with white or yellow painted lines not less than four inches wide.

(k) Lighting. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights-of-way and shall be in compliance with § 152.030 of this chapter.

(l) Curbing and landscaping. Except for single-family, two-family, and townhouses, all open off-street parking shall have a perimeter continuous concrete curb around the entire parking lot.

(m) Pedestrian provision. All off-street parking areas shall be designed with due regard to pedestrian circulation. Off-street parking areas shall be designed such that vehicle and pedestrian circulation is accommodated in a safe, complementary and orderly fashion. When curb separated sidewalks are provided at the head of parking stalls, the minimum width of the sidewalk shall be five feet.

(n) Required screening. All open, nonresidential off-street parking areas of five or more spaces shall be screened and buffered from abutting or surrounding residential districts in compliance with § 152.055 of this chapter.

(o) Parking lot landscaping. All exposed parking areas shall be landscaped on all sides in compliance with § 152.055 of this chapter.

(E) Maintenance. It shall be the joint responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping, and required fences/screening.

(F) Location. All accessory off-street parking facilities required by this section shall be located and restricted follows:

(1) Same lot. Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being serviced, except for combined or joint parking facilities as regulated by this section.

(2) Direct access. Except for single-family, two-family, townhouse dwellings and in the C-2 Central Business District as approved by the City Council, head in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited.

(3) Boulevard parking prohibited. The boulevard (landscaped portion) of the street right-of-way shall not be used for parking.

(4) Prohibited except on driveway. In the case of single-family, two-family, and townhouse dwellings parking shall be prohibited in any portion of the front, side, or rear yard except on designated driveways surfaced with bituminous material, concrete, or paver bricks leading directly into a garage or on the access to a parking pad on the side of the garage.

(5) Parking distance from property line. Except for required driveway ingress/egress points, there shall be no off-street parking areas or driveways within ten feet of any property line within the R-4 High Density Residential, C-1 Highway Business, C-2 Central Business, C/I Commercial/Industrial, I-1 Light Industrial and P/I Public/Institutional districts. The parking and drive aisle setback shall be increased to 20 feet where the facilities are located adjacent to the A Agriculture, R-1 Low Density Residential, R-2 Medium Density Residential, R-3 Two-Family and Townhouse Residential and R-4 Multiple-Family Residential Districts. Driveways in the A Agriculture, R-1 Low Density Residential, R-2 Medium-Density Residential, and R-3 Two-Family and Townhouse Residential Districts shall be a minimum of five feet from the side yard property line.

(6) All lots having direct driveway access onto major collector or arterial roads shall provide turn around facilities on the lot to eliminate vehicles backing onto the roads.

(7) The minimum corner clearance from the street right-of-way line shall be at least 30 feet to the edge of the driveway or off-street parking ingress/egress drive lane.

(8) Driveways should be located as indicated on the subdivision grading plan, however, an alternate location meeting the requirements of this section will be permitted.

(9) A residential off-street parking area, driveway or parking pad may be constructed closer to the garage side property line subject to approval by the city and the following conditions:

(a) The adjacent property owner(s) must consent in writing to such reduction in setback requirement.

(b) A building permit shall be required. The property owner shall submit a detailed drawing of the proposed location of the parking area including dimensions and distances from the property line, the hard surface material to be used, proposed drainage patterns and the lot coverage for the lot. The city may require a certificate of survey if determined necessary.

(c) If the off-street parking area or driveway encroaches into a city easement area it shall be subject to removal at any time by order of the city. The property owner shall be liable for all costs and expenses of such removal. Any unpaid costs and expenses shall be subject to special assessment by the city. The property owner(s) shall be responsible and liable for all consequences of such construction including drainage matters and shall indemnify and hold the city harmless from all damages and injuries of any kind.

(G) Number of spaces required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. The city may modify and/or reduce the minimum parking requirements in the C-2 Central Business District by approval of a site plan per § 152.015 of this chapter, if it is determined that the use is an approved use within the district and that on-street parking within the general vicinity is sufficient to accommodate the use.

(1) Calculation of required spaces.

USE	NUMBER OF REQUIRED STALLS
Residential:
Multiple-family dwellings	2 spaces per unit.
Residential care facility	2 spaces per unit for uses serving 6 or fewer persons in a residential district.
Residential shelter	2 spaces plus 1 space for each 2 occupants of maximum capacity.
Senior housing
Assisted living or housing with services	1 space per 2 dwelling units.
Independent living
Memory care or nursing home	1 space per dwelling unit.
Memory care or nursing home	4 spaces plus 1 space for each 3 beds plus additional spaces as required by this section for office users.
Single-family, detached townhome, two-family and townhouse	2 spaces per unit.
Institutional:
Auditoriums, theaters, religious institutions, sports arenas	1 space per 3 seats of design capacity of the main assembly plus additional spaces required for adjoined facilities, not including private or private nonprofit baseball fields (see below).
Community center, libraries	10 spaces plus 1 space for each 300 square feet over 2,000 square feet of floor area for the principal structure.
Private or private nonprofit baseball fields	1 space per 8 seats of design capacity.
School, elementary, middle, high school and post-high school facilities	1 space for each 3 seats of design capacity of the main assembly, plus 1 space per classroom.
Commercial/Industrial:
Animal hospital/kennel	1 space for each 200 square feet of clinic floor area.
Auto repair uses	1 space for each 200 square feet of floor area.
Auto sales	1 space per 500 square feet of showroom plus 1 space for each 3,000 square feet of outdoor sales lot, plus additional parking required for ancillary service or repair.
Banquet hall, private or public auction house	20 spaces plus 1 space per 200 square feet over 2,000 square feet.
Beauty or barber shop	2 spaces per chair.
Bowling alleys	5 spaces per lane plus spaces as required for other uses within the principal structure.
Car wash	Drive through: 5 stacking spaces.
	Self-service: 1 space per wash bay.
	Motor fuel stations: None in addition to that required for the principal use.
Coffee/doughnut shop with or without drive through	1 space per 50 square feet of floor area.
Commercial self-storage (ministorage) facilities	3 spaces plus 1 space per 100 storage units.
Daycare facilities	In a residential district serving less than 12 persons: 2 spaces per use.
Daycare facilities	All others: 1 space for each 4 persons of licensed capacity.
Fast food restaurant with or without drive through	1 space for each 70 square feet of floor area.
Fitness centers	1 space per exercise station (e.g., strength machine or cardiovascular) plus 1 space per employee on the largest shift plus additional parking required for ancillary uses.
Funeral home	20 spaces per chapel or viewing parlor, plus 1 space for each company vehicle maintained on site. Adequate stacking space shall also be provided for staging funeral processions.
Furniture sales	1 space for each 400 square feet for first 25,000 square feet, plus 1 space for each 600 square feet thereafter.
Instructional classes, dance studios, karate centers, music schools and similar uses	1 space for each 200 square feet of floor area.
Manufacturing	1 space for each 350 square feet of floor area, plus 1 space per company vehicle not stored within the principal structure.
Motels/hotels/lodging or boarding	Boarding house: 1 space per person for whom accommodations are provided.
Motels/hotels/lodging or boarding	Hotels/motels: 1 space per unit, plus 1 space for every 10 units.
Motor fuel stations	4 spaces plus 2 spaces for each service stall plus other requirements for uses or sale of goods not directly auto related.
Multiple occupancy retail or service buildings with 3 or more tenants	1 space for each 160 square feet of gross leasable floor area.
Office, general and medical	1 space for each 200 square feet of floor area.
Restaurants, clubs, lodges, brewpubs, taprooms, tasting rooms	1 space for each 40 square feet of dining area and 1 space for each 80 square feet of kitchen area.
Retail Sales uses (other)	1 space for each 200 square feet of floor area.
Service businesses	1 space for each 250 square feet of floor area.
Theater	1 space for each 3 seats of design capacity.
Trade businesses	1 space for each 350 square feet of floor area.
Warehousing	Office: 1 space for each 200 square feet of floor area.
Warehousing	Other: 1 space for each 1,000 square feet plus 1 space per company vehicle not stored within the principal structure.
Uses not specified or not precisely identified	Calculated by City Administrator based upon, but not limited to, characteristics for similar uses and/or professional studies.
Reductions in required stalls	The number of stalls required by this section for a specific use may be reduced based on a parking demand study prepared by a qualified professional subject to approval of a conditional use permit.

(2) Floor area. The term FLOOR AREA for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors.

(3) Fractional spaces. When calculating the number of parking spaces required results in a fraction, each fraction of one-half or more shall constitute another space.

(4) Multiple uses. Except as provided for under joint parking, should a structure contain two or more types of use, each use shall be calculated separately for determining the total off-street parking spaces.

(5) Assembly spaces. In places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements.

(6) Uses not specified. Uses not specified or not precisely identified by division (G) of this section, shall be calculated by the City Administrator based upon, but not limited to, characteristics for similar uses and/or professional studies.

(H) C-2 Central Business District parking.

(1) C-2 Central Business District. Within the C-2 District, on street parking stalls directly abutting a parcel may be counted in satisfaction of the number of spaces required pursuant to division (G) of this section.

(2) Parking space size.

(a) For existing off-street parking lots within the C-2 District, each parking space shall be not less than eight feet wide and 18 feet in length, exclusive of snow storage and access aisles, and each space shall be served by access aisles as required by this section.

(b) Construction of new or expanded parking areas shall be designed in accordance with the provisions of this section.

(3) Development and uses. Within the C-2 District, the city may approve development and uses which do not comply with the required number of parking spaces through the site plan review process per § 152.015 of this chapter, provided that the amount of parking provided on the property in question is the maximum amount possible, taking into account the use and design objectives of the C-2 District.

(I) Parking pads.

(1) General rules.

(a) Parking on landscaping is prohibited except as provided for herein.

(b) All motor vehicles and recreational vehicles and equipment must be operable and licensed.

(d) All parking pads must not disturb proper drainage or utilities and shall be setback a minimum of five feet from the property line and shall not be located in a drainage and utility easement.

(e) In cases where improved or semi-improved surface materials are required, the pad must cover the entire area under the vehicle and cannot be placed solely under the wheels of the vehicle. The pad must be approved by the city and be suitable to control dust, drainage and prevent spillage.

(2) Rear yard.

(a) A parking pad is allowed.

(b) A maximum of two operable and licensed motor vehicles and/or recreational vehicles and equipment are only allowed on improved surfaces in the rear yard. A semi-improved parking pad is also allowed a long as the materials used consist of a sand base with river rock used for the semi-improved surface material and the parking pad is contained by delineated edging so as to prevent the river rock from spreading into the landscaped portion of the yard.

(c) Any grass or weeds growing around the motor vehicles and recreational vehicles and equipment shall be regularly cut and subject to the noxious weed ordinance (§§ 93.35 through 93.43).

(3) Side yard.

(a) A maximum of two operable and licensed motor vehicles and/or recreational vehicles and equipment are only allowed on improved surfaces in the side yard. A semi-improved parking pad is also allowed a long as the materials used consist of a sand base with river rock used for the semi-improved surface material and the parking pad is contained by delineated edging so as to prevent the river rock from spreading into the landscaped portion of the yard. The side yard parking pad is allowed on the garage side only in line with the garage or in other cases subject to the judgment of the City Administrator. A side yard parking pad shall not exceed 450 square feet.

(b) Any grass or weeds growing around the motor vehicles and recreational vehicles and equipment shall be regularly cut and subject to the noxious weed ordinance (§§ 93.35 through 93.43).

(4) Front yard.

(a) Improved or semi-improved parking pads in the front yard are not allowed, however, the access portion to a side yard parking pad may be constructed with an improved surface.

(b) A maximum of one operable and licensed motor vehicle and recreational vehicle and equipment are allowed only on an unimproved surface parking pad in the front yard for a period not to exceed one week at a time for up to five weeks within a calendar year. The front yard vehicle parking area shall not exceed 200 square feet.

(c) Any grass or weeds growing around the motor vehicles and recreational vehicles and equipment shall be regularly cut and subject to the noxious weed ordinance (§§ 93.35 through 93.43).

(J) Recreational vehicles and equipment.

(1) Recreational vehicles and equipment.

(a) Recreational vehicles and equipment may be stored in the side or rear yards subject to the following standards:

1. Recreational vehicles and equipment cannot exceed 36 feet in length.

2. Parking for recreational vehicles and equipment must be on parking pads with improved surfaces that meet the requirements of this section. All parking pads must be constructed as improved surfaces.

3. The designated parking pad shall be setback at least five feet from side or rear property lines and shall not be located within a drainage and utility easement.

4. Recreational vehicles shall only be allowed in a side yard when abutting an attached or detached garage.

5. The recreational vehicles and equipment within the side yard of a corner lot abutting a public right-of-way are not closer than 20 feet from the property line.

(b) Any front yard parking of recreational vehicles and equipment shall not be located on the street and must be located on the improved driveway surface in the front yard, except as provided for in this section. The recreational vehicle and equipment shall not encroach on any sidewalk, trail or public right-of-way.

(2) Residential occupancy prohibited. Recreational vehicles and equipment, including tents, shall not be used for residential dwelling purposes or living quarters, temporarily or permanently, except as may be approved in emergency cases by the City Council.

(a) Recreational uses. Tents, playhouses, or similar structures may be used for play.

(b) Vacant lots, recreational vehicles and equipment prohibited. No recreational vehicle and equipment shall be placed upon any vacant lot within the city to be used for residential dwelling purposes.

(Ord. 251, passed 2-23-26)

§ 152.068 OFF-STREET LOADING REQUIREMENTS.

(A) Purpose. The regulation of loading spaces in this section is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures.

(B) Off-street loading required. Any structure erected or substantially altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, shall provide off street loading area as required for a new structure.

(1) Customer drop off spaces. Customer drop off spaces shall not constitute off-street loading spaces.

(2) Number of loading spaces required. The number of required off-street loading area spaces shall be as follows:

Gross Floor Area	Minimum Required
(square feet)	Loading Berths
Less than 25,000	1
25,001 to 50,000	2
50,001 to 75,000	3
75,001 to 100,000	4
each additional 50,000 over 100,000	1 additional

(3) Reduction in spaces. Reductions to the number of loading spaces required may be granted by administrative permit upon determination of facility need.

(D) Location.

(1) All required loading areas shall be off-street and located on the same lot as the building or use to be served.

(2) Except for uses allowed within residential districts, or unless located within a structure, loading areas shall be prohibited within 100 feet of residentially zoned or guided property unless completely screened by an intervening building. Loading areas not screened by an intervening building shall be screened from adjacent residentially zoned or guided property by the use of greenbelts, berms, fences, or walls to provide 100% opacity to a height of at least ten feet.

(3) Loading areas shall not occupy the required front yard, except as provided below.

(4) Loading areas located at the front or side of buildings on a corner lot adjacent to a street shall be reviewed and approved in the following manner:

(a) Loading areas located at the front of a building or side of a building located on a corner lot adjacent to a street may be allowed by administrative permit subject to the following conditions:

1. Loading areas shall not conflict with pedestrian movement.

2. Loading areas shall not obstruct the view of the public right-of-way from off-street parking access.

3. Loading areas shall comply with all other requirements of this section.

4. Loading areas and associated staging areas shall be screened from the abutting public rights-of-way.

(5) Each loading area shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic.

(E) Surfacing. All loading areas and accessways shall be improved to control the dust and drainage according to a plan submitted to and subject to the approval of the City Engineer.

(F) Accessory use, parking and storage. Any space allocated as a required loading area or access drive so as to comply with the terms of this section shall not be used for the storage of goods, inoperable vehicles or snow and shall not be included as part of the space requirements to meet the off-street parking area.

(G) Screening. All loading areas shall be screened and landscaped from abutting and surrounding residential uses and districts and public rights-of-way.

(H) Size.

(1) The first loading area shall be not less than 70 feet in length and additional areas required shall be not less than 30 feet in length and all loading areas shall be not less than ten feet in width, exclusive of aisle and maneuvering space, and 14 feet in clearance height.

(2) The size of the loading area may be reduced upon approval of an administrative permit. To qualify for such exception, the following provisions must be met:

(a) It must be demonstrated that the site cannot physically accommodate a loading area to the size required.

(b) It must be demonstrated that semi-trailer truck deliveries will not occur at the site or all deliveries will occur at such a time as to not conflict with customer or employee access to the building and parking demand.

(I) Circulation.

(1) All maneuvering for off-street loading shall be accomplished on private property.

(2) In addition to the required loading space, all loading spaces shall include a maneuvering area. The maneuvering area shall not use any of that portion of the site containing parking stalls or customer service areas. Maneuvering areas shall be of such size as to permit the backing of truck tractors and coupled trailers into the loading space, without blocking the use of other loading spaces, drives, parking spaces, or maneuvering areas on public rights-of-way.

(Ord. 251, passed 2-23-26)

§ 152.069 ANIMALS.

Purpose. The purpose of this section is to provide standards for the keeping of animals in association with various allowed uses in a manner compatible with surrounding uses and consistent with the health, safety, and general welfare of the city. The keeping of animals shall be regulated by Title IX: General Regulations, Chapter 92: Animals of the Mayer Code of Ordinances.

(Ord. 251, passed 2-23-26)

§ 152.070 SEXUALLY ORIENTED BUSINESSES AND USES.

(A) Purpose. The purpose of this section is to establish provisions for the opportunity as well as controls of sexually oriented businesses and uses within the city as regulated by Title XI: Business Regulations of the Mayer Code of Ordinances.

(B) Location. Sexually oriented businesses and uses shall be prohibited in all zoning districts except the I-1 Light Industrial District.

(Ord. 251, passed 2-23-26)

§ 152.071 SIGN REGULATIONS.

(A) Findings; purpose.

(1) Findings. The city hereby finds as follows:

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

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

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

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

(2) Purpose and intent. A sign may be erected, placed, established, painted, created, or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this chapter. It is not the purpose or intent of this subchapter to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to:

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

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

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

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

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

(f) To establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in other zones, subject to the standards and the permit procedures of this section.

(g) To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this subchapter, but without a requirement for permits.

(h) To provide for temporary signs without commercial messages in limited circumstances in the public right-of-way.

(i) To prohibit all signs not expressly permitted by this section.

(j) To provide for the enforcement of the provisions of this section.

(B) Permit required.

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

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

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

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

(e) The cost of the sign.

(f) Type of sign (i.e., building sign, monument sign, and the like).

(g) Certification by applicant indicating the application complies with all requirements of this section.

(h) If the proposed sign is along a state trunk highway or interstate highway, the application shall be accompanied by proof that the applicant has obtained a permit from the state for the sign.

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

(2) The city shall approve or deny the sign permit in an expedited manner no more than 60 days from the receipt of the complete application, including applicable fee. All permits not approved or denied within 30 days shall be deemed approved. If the permit is denied, the city shall prepare a written notice of denial within ten days its decision.

(C) Exemptions. The following signs shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance and its compliance with the provisions of this section or any other law or ordinance regulating the same.

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

(2) Signs six square feet or less in size, per surface.

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

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

(5) The standards of M.S. § 211B.045 as may be amended and relating to noncommercial signs are hereby incorporated by reference.

(D) Sign area calculations.

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

(2) For monument, ground, and blade signs, division (1) above shall be used. Only the face that is specifically intended to be used for signage shall be included when computing the sign area. Any base or other supporting structure, along with all adjoining structures such as fences or walls shall not be included when computing the sign area.

(E) Fees. Sign permit fees shall be determined annually by the City Council through the city fee schedule.

(F) Maintenance; inspections.

(1) Maintenance. All signs requiring a permit pursuant to this section, together with all their supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and unoffensive condition and free and clear of all obnoxious substances, rubbish, and weeds. Notice shall be given to the City Administrator of any change in the sign user, sign owner or owner of the property on which the sign is located.

(2) Inspection. All signs for which a permit is required shall be subject to inspection by the City Administrator. The City Administrator or his or her designee is authorized to enter upon any property or premises to ascertain compliance with this section. Such entrance shall be made during business hours unless an emergency exists. The City Administrator may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this section.

(G) Sign removal.

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

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

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

(H) General standards. Signs are a permitted accessory use in all districts subject to the following regulations:

(1) No sign shall exceed 250 square feet in area.

(2) Signs shall not be erected, placed, or maintained on rocks, fences, trees, and the like and shall not interfere with any electric light, power, telephone, or cable wire/fiber or their support.

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

(4) Window signs are permitted in street facing windows provided they do not exceed 25% of the window area which has street frontage. Window signage shall be counted towards the overall permitted signage on a building.

(5) Freestanding, temporary, sandwich board, portable, or building signs that project/encroach into the public right-of-way shall be approved by the city. Projecting signs shall maintain a ground clearance of at least ten feet. Irrespective of the city and/or other jurisdictional authority’s approval of the foregoing, the owner of such sign shall be liable for any related bodily injury or property damage however caused and shall save harmless the city its agents and representatives from any and all loss or damages.

(6) Illuminated signs shall be subject to the electrical requirements of the Electrical Code of the State of Minnesota. Illuminated signs shall have a shielded light source and meet the glare standards stated in § 152.030 of this chapter.

(7) No sign shall be attached to or placed upon any building in such a manner to obstruct any window or door for fire escape or be attached to any fire escape.

(8) All off-premise commercial signs are prohibited.

(9) Every home or structure having an official address shall have an address sign that is visible from the street. Address signs shall not count towards the overall permitted signage on a building.

(10) Traffic sight visibility triangle. No sign, except for authorized signs, shall be erected within a corner lot traffic sight visibility triangle so that clear visibility of approaching vehicular or pedestrian traffic can be maintained. Such traffic sight visibility triangle shall mean that 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, thence 45 feet along one curb line, thence diagonally to a point 45 feet from the point of beginning along the other curb line. Signs within the C-2 Central Business District are exempt from this requirement.

(11) Any additional or other signage not stated in this section shall require approval of the City Council.

(12) All signs along state and federal highways shall conform to state and federal sign regulations.

(13) No sign shall contain statements, words, pictures or drawings of an obscene nature or character as defined by M.S. § 617.241, subd. 1(a), as may be amended.

(I) Signs permitted in residential districts.

(1)

DISTRICT	MAXIMUM SIGN AREA OF SINGLE SIGN	TOTAL AREA OF ALL SIGNS
R-1	6 square feet per surface	12 square feet
R-2	12 square feet per surface	24 square feet
R-3	12 square feet per surface	48 square feet
R-4	12 square feet per surface	48 square feet

(2) The following types of signs are not permitted in residential zoning districts:

(a) Awning signs.

(b) Balloon signs.

(d) Shimmering signs.

(e) Marquee signs.

(f) Pylon signs.

(3) Maximum height. Six feet.

(4) Setback. Ten feet from property line, plus clear traffic sight visibility triangle.

(5) Signs may be illuminated. Illuminated signs shall have a shielded light source and meet the glare standards stated in § 152.030 of this chapter.

(J) Signs permitted in the A Agriculture District.

(1)

LOT SIZE	MAXIMUM SIGN AREA OF SINGLE SIGN	TOTAL AREA OF ALL SIGNS
< 20,000 square feet	12 square feet per surface	24 square feet
>20,000 square feet	36 square feet per surface	60 square feet

(2) The following types of signs are not permitted in the A Agriculture District:

(a) Awning signs.

(b) Balloon signs.

(d) Shimmering signs.

(e) Marquee signs.

(f) Pylon signs.

(3) Maximum height. Six feet.

(4) Setback. Ten feet from property line, plus clear traffic sight visibility triangle.

(5) Signs may be illuminated. Illuminated signs shall have a shielded light source and meet the glare standards stated in § 152.030 of this chapter.

(K) Signs permitted in commercial, industrial and public/institutional districts.

(1)

DISTRICT	MAXIMUM SIGN AREA OF SINGLE SIGN	TOTAL AREA OF ALL SIGNS
C-1	150 square feet per surface	5% of lot area or 375 sf., whichever is less
C-2	60 square feet per surface	5% of lot area or 125 sf., whichever is greater
I-1	150 square feet per surface	5% of lot area or 375 sf., whichever is less
C/I	150 square feet per surface	5% of lot area or 375 sf., whichever is less
P/I	150 square feet per surface	5% of lot area or 375 sf., whichever is less

(2) The following types of signs are not permitted in the C-1, C-2, I-1, C/I, or the P/I districts:

(a) Roof signs.

(b) Off premises signs.

(d) Spotlights.

(e) Inflatable signs and tethered balloons.

(3) Maximum height.

(a) C-1, C/I, I-1, P/I. Thirty feet.

(b) C-2. Twenty feet.

(4) Setback.

(a) C-l, C/I, I-1, P/I. Ten feet from property line, plus clear traffic sight visibility triangle.

(b) C-2. Two feet from property line.

(5) Signs may be illuminated. Illuminated signs shall have a shielded light source and meet the glare standards stated § 152.030 of this chapter.

(6) Freestanding signs shall be limited to one per right-of-way visible from a public street.

(7) Wall signs shall be considered building signs and may project up to two feet away from the wall. Projecting, canopy, awning, and marquee signs shall be considered building signs and may project up to six feet away from the wall. Signs projecting over the public right-of-way shall be approved by the appropriate jurisdiction. Signs projecting over the sidewalk shall be a minimum of ten feet above the sidewalk.

(L) Master and common sign plans required.

(1) No permit shall be issued for an individual sign requiring a permit unless and until a master signage plan or a common signage plan for the lot on which the sign will be erected has been submitted to the city and approved by the City Administrator as conforming with this section.

(2) Procedures. A master or common signage plan shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the city for the proposed development and shall be processed simultaneously with such other plan.

(3) Amendment. A master or common signage plan may be amended by filing a new master or common signage plan that conforms with all requirements of the ordinance then in effect.

(4) Existing signs not conforming to common signage plan. If any new or amended common signage plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, within three years, all signs not conforming to the proposed amended plan or to the requirements of this chapter in effect on the date of submission.

(5) Master signage plan. For any lot on which the owner proposes to erect one or more signs requiring a permit, unless such lot is included in a common signage plan, the owner shall submit to the city a master signage plan containing the following:

(a) An accurate plot plan of the lot, at such scale as the City Administrator may reasonably require.

(b) Location of buildings, parking lots, driveways, and landscaped areas on such lot.

(c) Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the lot(s) included in the plan under this section.

(d) An accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental signs need not be shown.

(6) Common signage plan.

(a) If the owners of two or more contiguous lots or the owner of a single lot with more than one building (not including any accessory building) file with the Administrator for such lots a common signage plan conforming with the provisions of this section, a 25% increase in the maximum total sign area shall be allowed for each included lot. This bonus shall be allocated within each zone lot as the owner(s) elects.

(b) The common signage plan shall contain all of the information required for a master signage plan and shall also specify standards for consistency among all signs on the zone lots affected by the plan with regard to: color scheme, lettering or graphic style, lighting, location of each sign on the buildings, material, and sign proportions.

(M) Sandwich board signs.

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

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

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

(4) Sandwich board signs shall not exceed eight square feet in size per surface area.

(5) Sandwich board signs may be placed on a public sidewalk or within the public right-of-way. If placed on a sidewalk, a sandwich board sign shall not take up more than two feet of sidewalk width and shall not be placed in the middle of the sidewalk.

(6) Sandwich board signs may be removed by the city if they interfere with any city activities (i.e., snow removal, maintenance of the surrounding area, and the like).

(7) Public sidewalk sandwich board signs shall be displayed only during the times that the entity is open. No public sidewalk sandwich board sign shall be displayed overnight or when there has been any snow accumulation. Sandwich board signs that do not comply with this requirement may be removed and disposed of by the city.

(8) Sandwich board signs shall be weighed down.

(9) Under no circumstances shall a sandwich board sign be used instead of permanent building signage.

(10) Sandwich board signs shall be taken down after business hours.

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

(N) Temporary and portable signs (private property).

(1) Temporary and portable signage on private property is allowed over and above the typical signage limit allowed on a property for permanent signage. Temporary and portable signs shall not be used in place of permanent signage.

(2) No more than four temporary and/or portable signs shall be allowed per lot within the Commercial, Public/Institutional, and Industrial Districts. No more than three temporary and/or portable frontage signs shall be allowed. The signs shall not exceed 32 square feet in size per surface with a maximum of two surfaces.

(3) There shall be no more than two temporary and portable signs not exceeding 12 square feet per surface with a maximum of two surfaces per lot for residential garage/yard sales.

(4) In all districts, no more than two temporary real estate sale/lease signs, not exceeding 32 square feet, shall be allowed per lot/entity. Real estate/lease signs shall not be placed in the public right-of-way.

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

(Ord. 251, passed 2-23-26)