(A)   Purpose. The provisions of this subchapter are to establish general development standards to assure compatible land uses; to prevent blight and deterioration; and to enhance the health, safety, and general welfare of the city.

   (B)   Application. All general development standards hereinafter specified shall be applicable throughout the city and shall be enforced in addition to the regulations set down under district use provisions.

(Ord. 134/94, passed 3-24-94)

   (A)   Compliance required. All uses shall comply with all federal, state, and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors, and noise. The burden of proof for compliance with appropriate performance standards shall lie with the applicant.

   (B)   Noise. Any use established shall be so operated that no undue or objectionable noise resulting from the use is transmitted beyond the boundaries of that lot or property on which the use is located. This standard shall not apply to incidental traffic, parking, loading, construction, or maintenance operation unless the noise is persistent or reoccurring and poses a threat to the health, safety, or welfare of nearby residents.

   (C)   Vibration. Any use creating periodic vibration shall be prohibited if the vibrations are perceptible to persons beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.

   (D)   Waste material. No toxic, harmful waste material shall be washed into the public storm sewer nor the sanitary sewer system. Storage areas for waste material shall be located and fenced in a satisfactory manner to avoid being a public nuisance. No toxic or harmful liquid or solid waste shall be disposed of in the city.

   (E)   Glare and heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent the heat or light from being objectionable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from R Districts and public streets.

   (F)   Smoke and particulate matter. Any use established, enlarged, or remodeled after the effective date of this chapter shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to nor shall endanger the public health, safety, comfort, or general welfare.

   (G)   Toxic or noxious matter. Any use established shall be so operated as not to discharge toxic or noxious matter in such a concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare, or to cause injury or damage to property or business.

   (H)   Odors. Any use established, enlarged, or remodeled shall be so operated as to prevent the emission of odorous or solid matter of such a quality and quantity as to be objectionable at any point beyond the lot line of the site on which the use is located.

   (I)   Water pollution. All uses and activities shall conform to all applicable federal, state, and local water pollution standards and/or controls in effect.

(Ord. 134/94, passed 3-24-94) Penalty, see § 10.99

   (B)   Bulk storage (liquid). Persons responsible for all uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids shall apply for and obtain a conditional use permit in order that the City Council may have assurance that fire, explosion, or water or soil contamination hazards are not present that would be detrimental to the public health, safety, and general welfare. All existing above-ground liquid storage tanks having a capacity in excess of 2,000 gallons shall secure a conditional use permit within 12 months following enactment of this chapter; the City Council may require as a condition to the permit, the development of berms around the tanks, suitably sealed, to hold a leakage capacity equal to 115% of tank capacity. Any existing storage tank operation that, in the opinion of the City Council, constitutes a hazard to the public safety shall be discontinued within five years following enactment of this chapter. All liquid storage tanks that are not being used or have been abandoned shall be removed. All storage facilities shall comply with state Pollution Control Agency regulations.

   Where any business or industrial use is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property if abutting property owners petition the Planning Commission for this action and/or it is requested by the Planning Commission. The general type and extent of the screening (such as a fence and/or landscaping) shall be selected by the Planning Commission to visually separate the different land uses and to discourage persons from entering the business or industrial use area.

(Ord. 134/94, passed 3-24-94)

   (A)   Only signs authorized by the state, county, and city and used for official service shall be allowed within the public right-of-way.

   (B)   No advertising or business signs shall be erected which block safe driving vision, official signs, and safety signals; nor shall these signs have flashing lights, or moving parts which may cause highway traffic hazards; and signs shall conform to state law and shall meet the requirements of §§ 156.130 et seq.

   In all districts, all structures, required landscaping, and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

(Ord. 134/94, passed 3-24-94)

   No land shall be developed and no use shall be permitted that results in water runoff causing flooding, or erosion on adjacent properties. Runoff shall be properly channeled into a storm drain, watercourse, ponding area, or other suitable facility.

(Ord. 134/94, passed 3-24-94) Penalty, see § 10.99

   (A)   Traffic control. The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards, or excessive traffic through residential areas. Traffic into and out of all business and industrial uses or areas shall in all cases be forward moving with no backing onto streets or pedestrian ways.

   (B)   Driveways. The distance from a driveway to the intersection of two streets shall not be less than 35 feet, provided however, that if in the opinion of the Engineer, present or future traffic conditions warrant greater distances, greater distances shall be required subject to approval by the City Council. The distance from a driveway to the intersection of two thoroughfares shall be no less than 60 feet.

(Ord. 134/94, passed 3-24-94)

   (A)   No person shall leave any partially dismantled, inoperative, wrecked, or junked vehicle on any public road or public property.

   (B)   No person in charge or control of any property shall allow any partially dismantled, inoperative, wrecked, or junked vehicle to remain on private property longer than 30 days where the vehicle is visible from a public road or the main floor of any dwelling; nor shall any unlicensed vehicle capable of being operated remain on the property if the vehicle has been unlicensed in the current year, except as a vehicle used on the property without the requirement of a license.

(Ord. 134/94, passed 3-24-94) Penalty, see § 10.99

   (A)   Explosives. Any use requiring the storage, utilization, or manufacturing of products which could decompose by detonation, shall be located not less than 400 feet from any R district line or any buildings on adjacent land and any public right-of-way, provided that this section shall not apply to the storage or usage of liquified petroleum or natural gas for normal residential or business purposes.

   (B)   Radiation and electrical emission. No activities shall be permitted that emit dangerous radioactivity, or electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment, including but not limited to radio and television.

(Ord. 134/94, passed 3-24-94)

   (A)   No manure shall be deposited, stored, kept, or allowed to remain in or upon any storage site or feed lot without reasonable safeguards adequate to prevent the escape or movement of the manure or a solution thereof from the site under any conditions whereby substantial pollution of any waters of the state might result therefrom.

   (B)   In the case that the Zoning Administrator shall find adequate safeguards are not present, he or she may by order require the owners or other responsible persons to immediately remove the manure from the feed lot or storage site and refrain from further storage or keeping of any manure there unless and until an adequate safeguard is provided.

   (C)   No feed lot or manure storage site shall be located within 500 feet of a residential structure of an abutting lot.

(Ord. 134/94, passed 3-24-94) Penalty, see § 10.99

   (A)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      MINING. The extraction of sand, gravel, rock, soil, or other material from the land in the amount of 400 cubic yards or more and the removal from the site without processing.

   (B)   Persons shall be permitted to mine in all zoning districts only upon issuance of a conditional use permit following a public hearing.

   (C)   Application for the permit shall include a land rehabilitation plan for a finished grade which will not adversely affect the surrounding land or future development of the site on which the mining is conducted; an approved route for trucks hauling to and from the site; and adequate safeguards and protection against danger to life and property.

   (D)   Production, processing, or excavating shall not be conducted closer than 75 feet to the boundary of adjoining property. Excavating shall not be done closer than 150 feet to the public right-of-way, except in order to reduce the elevation thereof in conformity to the existing platted street, road, or highway.

(Ord. 134/94, passed 3-24-94) Penalty, see § 10.99

   All land reclamation shall meet the following standards:

   (A)   The smallest amount of bare ground is exposed for as short a time as feasible.

   (B)   Temporary ground cover is used and permanent ground cover, such as sod, is planted.

   (C)   Methods to prevent erosion and trap sediment are employed.

   (D)   Fill is stabilized to accepted engineering standards.

   (E)   Final slopes for cut slopes should be a maximum of 1:1 or 100%; fill slope of 3:1 or 30%; and grade or construction slope of 5:1 or 20%.

(Ord. 134/94, passed 3-24-94)

   All open areas of any site, tract, or parcel shall be graded to provide proper drainage, and, except for areas used for parking, drives, or storage, shall be landscaped with trees, shrubs, or planted ground cover. It shall be the owner’s responsibility to see that this landscaping is maintained in an attractive and well-kept condition. All vacant lots, tracts, or parcels shall also be properly maintained.

(Ord. 134/94, passed 3-24-94)

   (A)   Public or municipal sewage collection and treatment systems shall be used where available, feasible, and in accordance with applicable city ordinances.

      (1)   All individual septic tanks or soil absorption systems shall be a minimum of 50 feet from the nearest well.

      (2)   All private sewage and other sanitary waste disposal systems shall conform to applicable standards, criteria, Minn. Rules, Chapter 7080, as amended from time to time, and regulations of the State Pollution Control Agency, and any applicable local governmental regulations in terms of size, construction, use, and maintenance.

      (3)   Location and installation of a septic tank and soil absorption system shall be so that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance, endanger the safety of any domestic water supply, nor pollute or contaminate any waters of the state. In determining a suitable location for the system, consideration shall be given to the size and shape of the lot, slope of natural and finished grade, soil permeability, high ground water elevation, accessibility for maintenance, and possible expansion of the system. Both percolation rate tests and soil boring tests shall be done on any proposed sites prior to approval of a permit, in accordance with State Pollution Control Agency standards, Minn. Rules, Chapter 7080, as amended from time to time.

      (5)   Soil absorption systems shall not be allowed in the following areas:

         (a)   Low, swampy areas or areas adjacent to recurrent flooding;

         (b)   Areas where the highest known ground water table, bedrock, or impervious soil conditions are within four feet of the bottom of the system; or

         (c)   Areas of ground slope which create a danger of seepage of the effluent onto the surface of the ground.

   (A)   Any lawful nonconforming use existing on the date of this chapter may be continued, except that any nonconforming use or building may not be:

      (1)   Changed to another nonconforming use;

      (2)   Re-established after discontinuance for one year, or if it has been changed to be in conformity;

      (3)   Rebuilt after damage exceeding 50% of its fair market value; or

      (4)   Expanded or moved to a location so as to continue as a nonconforming use.

   (B)   Any structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this chapter or amendment thereof and continues to completion within one year shall thereafter be a legally existing nonconforming structure.

   (C)   Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

   (D)   Nonconforming agricultural uses are regulated in § 156.117 below.

(Ord. 134/94, passed 3-24-94)

   (E)   Any existing residential building constructed before January 1, 2001 and located in the B-1 Central Business district or the B-2 General Business District shall be allowed to rebuild, expand, or add accessory buildings, provided the zoning requirements stated for the R-2 Family Residential District are met.

(Ord. 325, passed 1-18-01)

   All farm operations currently in existence that are under ten acres in size will be permitted to continue operation subject to the following conditions:

   (A)   Farming operations of less than ten acres, excepting commercial feed lots, are nonconforming uses in the district in which an existing operation is located, provided that any new building in which farm animals are kept shall be a distance of 100 feet or more from any other lot in any residential district.

      (1)   If the property currently has farm animals, it can continue to have farm animals under the nonconforming use ordinance.

      (2)   If the property is used only for crops, farm animals will not be allowed. The property is allowed to crop rotate and maintain crops as a nonconforming use.

   (B)   Limited sales of products produced may be conducted on the premises from a roadside stand, but the stand shall not exceed 12 feet in height or 500 square feet in floor area, and no portion of any stand shall be located or erected nearer than 40 feet from any street right-of-way.

   (C)   The city may require any farm operation to secure a conditional use permit to continue operation in the event the farming operations are so intensive as to constitute a feed lot or an industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade.

   (D)   Nothing in this chapter shall be deemed to prevent the restoring to a safe condition any building or part thereof declared unsafe by the official charged with protecting the public safety, upon order of that official.

(Ord. 134/94, passed 3-24-94; Am. Ord. 483, passed 6-16-21) Penalty, see § 10.99