Newport City Zoning Code

No lot area shall be so reduced or diminished that the lot area, yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations as after provided.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Measurements for yard regulations shall be taken from the nearest point of the wall of a building to a lot line in question, subject to the following qualifications:

(1)

Cornices, canopies, or eaves may extend into the required minimum front yard a distance not exceeding three feet;

(2)

Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches;

(3)

Egress windows may extend into the required side, rear, and front yards a distance not exceeding four feet, six inches;

(4)

A landing place or uncovered porch may extend into the required front, side, or rear yards a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing may be placed around such place in the front yard only, and not in the side or rear yards;

(5)

If necessary for accessibility purposes, ramps or other such improvements compliant with the Americans with Disabilities Act may extend up to five feet from front, side, or rear property lines if no public safety or nuisance conditions are created.

(6)

A wall or fence or hedge not to exceed the maximum height allowed in the underlying zoning district may occupy part of the required front, side, or rear yard;

(7)

On double frontage lots, the required front yard shall be provided on both streets;

(8)

On a corner lot, the lot line opposite the narrowest street frontage shall be considered the rear lot line for the purposes and standards in this Code, unless the zoning administrator determines that unusual conditions exist that warrant designating another lot line or lot lines as the rear;

(9)

The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth which may cause danger to traffic on a street or public road by obscuring the view;

(10)

The required front yard of a corner lot shall provide an unobstructed view between the two intersecting streets within a triangular area from the intersection of the street easement or right-of-way lines back 30 feet along each side, from two feet off the ground to a height of ten feet, except for tree trunks less then 12 inches in diameter.

(11)

In determining the depth of a rear or side yard for any building where the rear or side yard opens into an alley, driveway easement or joint driveway, one-half the width of the alley, driveway easement or joint driveway, up to 15 feet, may be considered as a portion of the rear or side yard.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Twenty-five percent occupancy. When more than 25 percent of the frontage on one side of the street between intersections is occupied by structures having setbacks from street rights-of-way that are greater or lesser than required by this chapter, the average setback of all existing buildings between the intersections, or to a distance of 200 feet in either direction, whichever is closer, shall be maintained by all new or relocated structures.

(b)

Pre-existing structures. In the event a building is to be built where there is such an established setback different from that required in this chapter and there are existing buildings on both sides of the new building, the front setback shall not be required to be greater than that which would be established by connecting a straight line between the forward most portions of the first adjacent building on each side.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

All areas within the corporate limits of the city which are under water and not shown as included within any zone shall be subject to all of the regulations of the zone which immediately adjoins the water area. If the water area adjoins two or more zones, the boundaries of each zone shall be construed to extend into the water area in a straight line until they meet the other district at a half-way point.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Slope. Where the average slope of a lot within proposed building lines is greater than one foot rise or fall in seven feet of horizontal distance, one additional story shall be permitted on the downhill side of any building.

(b)

Increases. Height limitations set forth elsewhere in this chapter may be increased by conditional use permit when applied to the following structures:

(1)

Church spires, belfries, or domes;

(2)

Water towers;

(3)

Flagpoles;

(4)

Agricultural structures in RE district; and

(5)

Any other use in any zoning district, only with findings that the use can be adequately protected by the city's firefighting equipment, and that it will not have an adverse effect on surrounding property.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

There shall be no more than one principal structure or principal building per lot, except as otherwise provided for in this Code. The zoning administrator shall make the determination whether a structure is a principal structure as intended by the provisions of this chapter.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Single- and two-family properties are limited to one driveway access to a public roadway per lot.

(b)

Multi-family, mixed-use, commercial, or industrial uses may have additional accesses to a public roadway as determined by the zoning administrator in consultation with the city engineer.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

The use of land for the removal of more than ten cubic yards of topsoil, sand or gravel, and other material from the land is not permitted in any zone except by permit established by the city.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

When practical and feasible, all utilities shall be placed underground. All groundwork shall be completed prior to street surfacing. All utility lines for telephone and electrical service shall be placed in rear line easements when carried on overhead poles.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Nothing shall be placed or allowed to grow in such a manner as to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets within a triangular area 30 feet from the intersecting street right-of-way lines.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Noxious matter. The emission of noxious matter shall be controlled so that no such emission crosses the lot line of the property from which it originates. Noxious matter means any solid, liquid or gaseous material, including, but not limited to, gases, vapors, odor, dusts, fumes, mists, or combinations thereof, the emission of which is detrimental to or endangers the public health, safety, comfort or general welfare, or causes damage to property. The operator of the facility shall comply with a regular inspection schedule as approved by the city and shall submit reports of such inspections to the city.

(b)

Restricted operations. Uses which because of the nature of their operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare, or wastes shall not be permitted. Noise, odors, smoke, and particulate matter shall not exceed state pollution control agency standards. Glare, whether direct or reflected, such as from spotlights or high temperature processes, as differentiated from general illumination, shall not be visible beyond the lot line of the property from which it originates.

(c)

Explosives. Any use requiring the storage, use or manufacturing of explosives, or other products which could decompose by detonation, shall not be located less than 400 feet from any residential use or residentially zoned area. This provision shall not apply to the storage or use of liquid fuel petroleum or natural gas for normal residential or business purposes, nor to the storage and distribution for retail sale of gasoline and other motor fuels if properly stored and handled according to applicable safety regulations.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Fences in business (B) and industrial (I) zoning districts.

(1)

A fence may be placed along a property line provided no physical damage of any kind results to the abutting property.

(2)

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

(3)

A fence shall be of one color or pattern, may not contain or support pictures, signage or lettering, and must be maintained in good condition and appearance.

(4)

A fence shall only be constructed of the following materials:

a.

Treated wood, cedar, or redwood.

b.

Simulated wood.

c.

Decorative brick or stone.

d.

Wrought iron or aluminum designed to simulate wrought iron.

e.

Coated or non-coated chain-link.

f.

Split rail.

g.

Barbed wire. Barbed wire may be used for top fencing only around business and industrial uses where the base fence is at least six feet in height. The barbed wire portion of the fence may not exceed three strands, and shall have arms projecting into the applicant's property on which the barbed wire shall be fastened. The minimum height to the bottom strand of the barbed wire shall not be less than six feet from finished grade.

(5)

A fence may be no more than 12 feet in height.

(6)

A fence shall not visually screen or interfere with streets, sidewalks, or vehicular traffic. No fence shall be closer than one foot from a public walkway.

(7)

In the I-S district, a fence at least six feet in height shall be required around all storage tanks.

(8)

No fence shall be constructed on public rights-of-way.

(b)

Fences in the residential (R) and mixed-use (MX) zoning districts.

(1)

A fence may be placed along a property line provided no physical damage of any kind results to the abutting property.

(2)

That side of the fence considered being the face (the finished side as opposed to the structural supports) shall face the abutting property.

(3)

A fence in the front yard shall be of one color or pattern, and may not contain or support pictures, signage or lettering visible to a public street or to adjacent properties.

(4)

A fence may be no more than four feet in height in the front yard.

(5)

A fence may be no more than six feet in height in a side or rear yard, unless the side or rear lot line is common with the front yard of an abutting lot, in which case the portion of the side or rear lot line equal to the required front yard of the abutting lot may have a fence no more than four feet in height.

(6)

Except in the RE district, electric fences may not be used.

(7)

A fence shall not visually screen or interfere with streets, sidewalks, or vehicular traffic. No fence may be closer than one foot from a public walkway.

(8)

All fences shall be maintained in good condition and appearance.

(9)

A fence shall only be constructed of the following materials:

a.

Treated wood, cedar, or redwood.

b.

Simulated wood.

c.

Decorative brick or stone.

d.

Wrought iron or aluminum designed to simulate wrought iron.

e.

Coated or non-coated chain-link.

f.

Split rail.

g.

Other materials or fence types as approved by the zoning administrator.

(10)

Barbed wire fence material may be used for security purposes on the side and rear of non-residential buildings in the MX districts with the approval of an administrative permit by the zoning administrator. The barbed wire portion of the fence shall not be placed in the front yard. Barbed wire may be used for top fencing only where the base fence is at least six feet in height. The barbed wire portion of the fence may not exceed three strands, and shall have arms projecting into the applicant's property on which the barbed wire must be fastened. The minimum height to the bottom strand of the barbed wire shall not be less than six feet from finished grade.

(11)

Except in the RE district, welded wire shall not be used for fences on property boundaries.

(12)

Welded wire may be used in the RE district for fences on property boundaries of rear yards.

(13)

Welded wire may only be used for small enclosures in all districts to protect vegetation such as trees, gardens, plants, and bushes.

(14)

Except in the RE district, snow fences may not be used for fences.

(15)

Snow fences may be erected in the RE district for controlling snow between November 1 and April 15. All snow fences must be removed by April 16.

(16)

No fence shall be constructed on public rights-of-way.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Generally. The following standards shall apply to all garages and accessory structures for single-family homes and duplexes in all zoning districts, and shall be in addition to the standards in section 36-353 and article VI, divisions 2 and 4 of this chapter. The intent of these standards shall be to reduce the impact of multiple vehicles and of large accessory structures on the residential character of the city.

(1)

Construction. No accessory building or structure shall be constructed on a lot prior to construction of the primary structure. Building permits are required for all accessory structures.

(2)

Number. A residential lot, other than a river riparian lot, may have no more than two accessory structures. A river riparian lot may have a guest cottage and a water-oriented accessory structure as regulated in article VI, division 2 of this chapter.

(3)

Height. No garage, whether attached or detached, nor any accessory structure shall be taller than the principal structure on the lot as measured by the building height definition from section 36-16.

(4)

Location. A detached accessory building shall not be located in any required front yard.

(5)

Footprint. Except in the RE district, the total footprint of all garage space, whether attached or detached, and of all accessory structure space for single-family residential uses shall be no larger than the footprint of the principal structure, and shall total a maximum footprint of 2,000 square feet; except that a residential lot shall be allowed at least 500 square feet of garage space regardless of the house size, as long as the required setbacks and other standards are met.

(b)

RE district. In the RE district, the number and size of accessory structures permitted on residential lots is as follows:

(c)

Structure area in the RE district between 2,500 and 3,500 square feet. In order for the footprint of all accessory structures in the RE district to exceed 2,500 square feet, the following conditions must be satisfied through obtaining a conditional use permit pursuant to article II, division 4 of this chapter:

(1)

The parcel shall not be re-platted, split or subdivided such that it results in a lot size of less than three acres without first removing or altering the structure so that it conforms to the standards in this chapter.

(2)

The site must demonstrate that the accessory structures do not encroach upon existing septic systems and that an alternative septic system area is protected.

(3)

Plantings consisting of a combination of trees and shrubs shall be installed within the setback area providing a buffer between the accessory structure and future development on adjacent property.

(4)

Any accessory structure or garage other than a garage attached to the principal structure on the site shall not be placed closer to the public right-of-way that constitutes the front yard of the parcel than the primary structure unless the structure is completely screened from public view by natural vegetation including trees and shrubbery.

(5)

Subsections (d) through (l) of this section apply to the RE district as well.

(d)

Compatibility.

(1)

All accessory structures of any size shall be constructed of durable, finished materials and shall be compatible in color to the principal structure. All accessory structures over 150 square feet in area shall be compatible with the principal structure in terms of design, roof style, roof pitch, and color.

(2)

If an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this division applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building, except as otherwise provided in this division.

(e)

Additional setback, square feet. A garage, whether attached or detached, or an accessory structure shall provide an additional one foot of setback beyond the minimum front, side, or rear yard setbacks required in section 36-353, for every 20 square feet of area over 900 square feet of area in garages or accessory structures on the lot, except:

(1)

An addition to an existing accessory structure which cannot meet the additional setbacks described above may extend an existing building edge at the existing setback line, but no closer to the lot line than the existing setback, and in no case closer than the minimum setbacks set forth in section 36-353.

(2)

Such an extended building edge may be no more than 36 feet in length along any single property line. Any portion of an extended building edge longer than 36 feet in length must meet the additional setbacks described above in this section.

(3)

In the RE district, a garage, whether attached or detached, or an accessory structure shall provide an additional one foot of setback beyond the minimum front, side and rear yard setbacks required in section 36-353, for every 40 square feet of area or portion thereof over 2,000 square feet of area in garages or accessory structures on the lot.

(f)

Additional setback, height. A detached garage or an accessory structure shall provide an additional two feet of setback beyond the minimum required front, side, or rear yard setbacks for every one foot of height of its eave line over eight feet.

(g)

Door openings. In the RE district, on lots at least three acres in size, there shall be no limit on the height of door openings for garages or other accessory structures. In all other cases, all door openings shall be eight feet in height or less, except that one door opening in one accessory structure per lot may be a maximum of 12 feet in height. In all districts, any door opening over eight feet in height shall be turned perpendicular to the front lot line so as not to face any public street, or, if facing a public street, it shall be set back an additional ten feet beyond the minimum front yard setback required in section 36-353 for every one foot of height of the door opening over eight feet.

(h)

Subdivision. No land shall be subdivided so as to have an accessory structure without a primary structure, or to have a larger building or structure than permitted by this division. When a property is developed or redeveloped and an existing accessory structure made nonconforming, the structure must be brought into conformance as part of the development approval or removed from the property.

(i)

Use of accessory structures. No accessory building shall at any time be used as a habitable building. No accessory structure in a residential district shall at any time be used for a commercial or industrial use. Use of accessory structures for home occupations is governed by article III of this chapter.

(j)

Air conditioning units. All air conditioning units excluding window units shall be located a minimum of 20 feet from all lot lines, but not within the front yard.

(k)

Intermodal container or shipping containers. All intermodal containers in residential districts shall be considered to be accessory structures, and shall meet all code requirements for accessory structures in residential districts, including those in section 36-353 and article VI, divisions 2 and 4 of this chapter.

(l)

Driveways. New detached garages must include a driveway connecting to an approved access on a public or private road.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

The intent of this section is to regulate the installation and maintenance of covered storage buildings, also known as tent garages or temporary carports. More specifically the intent of this section is to minimize the potential for these structures to become unsightly as seen from public rights-of-way or adjacent residential properties. The following standards and conditions apply to covered storage buildings:

(1)

Permitted as accessory structures. Covered storage buildings are a permitted use as an accessory structure only in residential districts and shall not be permitted in general business, light industrial, general industrial, and industrial storage districts or for any commercial use or purpose within the mixed-use districts. Covered storage buildings shall comply with the standards outlined in section 36-422. In addition, the following criteria shall be applied to covered storage buildings permitted as an accessory structure:

a.

Placement on lot. The structure shall not be located in any front yard or adjacent to the driveway if located in the front yard. All other building setbacks must be met as established by the underlying zoning district.

b.

Screening. The structure shall be screened from public right-of-way and adjacent property with shrubbery, trees or fencing.

c.

Maintenance. Lawn areas around the structure shall be kept clear of tall weeds and grass. The condition of the structure shall comply with the standards found in section 18-72.

d.

Number per residential lot. Only one structure shall be permitted per residential lot.

e.

Lot coverage and structure height. Except as otherwise provided herein, all standards relating to structure height, lot coverage, and number of accessory structures on the lot as outlined in section 36-353 shall be met.

(2)

Building permit required. Installation of covered storage buildings over 336 square feet or ten feet in height require a building permit from building inspections.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Purpose and intent. It is the goal of the city council to make careful and effective use of available natural, human and economic resources, and to maintain and enhance the quality of life for current and future city residents. In accordance with those goals, the city finds that it is in the public interest to permit and encourage alternative energy systems that have a positive impact on energy production and conservation and do not have an adverse impact on the community. Therefore, the goals of this article include:

(1)

To allow residents, businesses and organizations to choose to utilize alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems;

(2)

To create a livable community where development incorporates resource and energy conservation and use of renewable energy;

(3)

To protect and enhance air quality, and decrease use of fossil fuels;

(4)

To encourage alternative energy development in locations where the technology is viable, and any environmental, economic and social impacts can be mitigated.

(b)

Ground source heat pump systems.

(1)

Zoning districts. Ground source heat pump systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts.

(2)

Standards.

a.

System requirements.

1.

Only closed loop ground source heat pump systems utilizing heat transfer fluids, as defined in section 36-16, are permitted. Open loop ground source heat pump systems are not permitted.

2.

Ground source heat pump systems in public waters may be permitted as an interim conditional use in accordance with section 36-424(e) and article II, division 5 of this chapter subject to approval from the state department of natural resources and subject to written consent of all property owners or approval by an association in accordance with its adopted bylaws.

3.

Ground source heat pump systems in water bodies owned or managed by the city are not permitted.

b.

Setbacks.

1.

All components of ground source heat pump systems including pumps, borings and loops shall be set back at least five feet from interior side lot lines and at least ten feet from rear lot lines.

2.

Above-ground equipment associated with ground source heat pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.

c.

Easements. Ground source heat pump systems shall not encroach on public drainage, utility roadway or trail easements.

d.

Noise. Ground source heat pump systems shall comply with state pollution control agency standards outlined in Minn. R. ch. 7030.

e.

Screening. Ground source heat pumps are considered mechanical equipment and subject to the requirements of division 3 of this article.

f.

Deviations. Any deviation from the required standards of this article may be permitted through an interim conditional use permit in accordance with section 36-424(e) and article II, division 5 of this chapter.

(3)

Safety. Ground source heat pumps shall be certified by Underwriters Laboratories, Inc., and meet the requirements of the state building code.

(4)

Abandonment. If the ground source heat pump system remains non-functional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following:

a.

The heat pump and any external mechanical equipment shall be removed.

b.

Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring is uncovered and grouted.

c.

Lake ground source heat pump systems shall be completely removed from the bottom of the body of water.

(5)

Permits. A building permit and interim conditional use permit, if required, shall be obtained for any ground source heat pump system prior to installation. Borings for vertical systems are subject to approval from the state department of public health.

(c)

Wind energy systems.

(1)

Zoning districts. Residential wind turbines in accordance with the standards in this section are permitted accessory uses on lots at least three acres in size in the R-E, residential estates district, the R-1A, river residential district, and the MX-3, transit-oriented mixed use district; and on lots at least one and one-half acres in size in the B-1, general business district, the B-2, business park/office/warehouse district, the I-1, light industrial district, and the I-2, general industrial district provided the lot does not abut a residential zoning district. Wind energy systems are not permitted in any other zoning districts.

(2)

Standards.

a.

Number. No more than one wind energy system is permitted per parcel.

b.

Height. In all zoning districts where wind energy systems are permitted, a maximum hub height of 45 feet is allowed as a permitted accessory use. Additional height, up to 75 feet in total height, may be permitted as an interim conditional use in accordance with section 36-424(e).

c.

Blade length. A maximum blade length of 15 feet is permitted.

d.

Roof mounting. Roof mounted wind turbines are not permitted.

e.

Setbacks. The base of the wind turbine tower shall be set back from all property lines a distance equal to the hub height. Wind energy systems shall not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right-of-way.

f.

Easements. Wind energy systems shall not encroach on public drainage, utility roadway or trail easements.

g.

Noise. Wind energy systems shall comply with state pollution control agency standards outlined in Minn. R. ch. 7030 at all property lines.

h.

Screening. Wind energy systems are exempt from the screening requirements of this article.

i.

Aesthetics. All portions of the wind energy system shall be a non-reflective, non-obtrusive color, subject to the approval of the city administrator. Only monopole towers are permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards. Systems shall not be used for displaying any advertising. Systems shall not be illuminated.

j.

Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid.

k.

Deviations. Any deviation from the required standards of this chapter may be permitted through an interim conditional use permit in accordance with section 36-424(e).

(3)

Safety.

a.

Standards and certification.

1.

Standards. Wind energy systems shall meet minimum standards such as International Electrotechnical Commission (IEC) 61400-2 or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the city administrator.

2.

Certification. Wind energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the city administrator. The city reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification or testing for operation in a severe winter climate.

3.

Maintenance. Wind energy systems shall be maintained under an agreement or contract by the manufacturer or other qualified entity.

b.

Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility.

(4)

Abandonment. If the wind energy system remains non-functional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment.

(5)

Permits. A building permit and interim conditional use permit, if required, shall be obtained for any wind energy system prior to installation.

(d)

Solar energy systems.

(1)

Zoning districts. Solar energy systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts.

(2)

Standards.

a.

Exemption. Passive or building-integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element.

b.

Minimum lot size. In all zoning districts, a minimum lot size of 8,000 square feet is required for ground-mounted solar energy systems.

c.

Height. Roof-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground-mounted solar energy systems shall not exceed 15 feet in height.

d.

Location. In residential zoning districts, ground-mounted solar energy systems are limited to the rear yard. In non-residential zoning districts, ground-mounted solar energy systems may be permitted in the front yard of any lot or the side yards on corner lots.

e.

Setbacks. Ground-mounted solar energy systems including any appurtenant equipment shall be set back a minimum of 15 feet from all property lines and a minimum of 30 feet from all dwellings located on adjacent lots. Roof-mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted.

f.

Roof mounting. Roof-mounted solar collectors shall be flush mounted on pitched roofs. Solar collectors may be bracket mounted on flat roofs.

g.

Easements. Solar energy systems shall not encroach on public drainage, utility roadway or trail easements.

h.

Screening. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency, but are otherwise exempt from the strict requirements division 1 of this article. Screening may include walls, fences or landscaping.

i.

Maximum area. In the R-1, low density single-family residential district, MX-1, downtown mixed use district and the MX-2, commercial mixed use district, ground-mounted solar energy systems shall be limited to a maximum area of 200 square feet. In other residential zoning districts, ground-mounted solar energy systems shall be limited to a maximum area consistent with the maximum lot coverage and accessory structure limitations in section 36-353.

j.

Aesthetics. All solar energy systems shall use colors that blend with the color of the roof or other structure. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare.

k.

Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid.

l.

Deviations. Any deviation from the required standards of this article may be permitted through an interim conditional use permit in accordance with subsection 36-424(e).

(3)

Safety.

a.

Standards and certification.

1.

Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC),the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Electrotechnical Commission (IEC), International Organization for Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation (SRCC) or other standards as determined by the city administrator.

2.

Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the city administrator. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

b.

Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility.

(4)

Abandonment. If the solar energy system remains non-functional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment.

(5)

Permits. A building permit and interim conditional use permit, if required, shall be obtained for any solar energy system prior to installation.

(e)

Interim conditional use permit.

(1)

Deviations to the standards in this article may be permitted as an interim conditional use in accordance with article II, division 4 of this chapter. In granting an interim conditional use permit, the city council shall consider the criteria in article II, division 5 of this chapter, and the following additional criteria unique to alternative energy systems:

a.

That the deviation is required to allow for the improved operation of the alternative energy system;

b.

That the alternative energy system has a net energy gain;

c.

That the alternative energy system does not adversely affect solar access to adjacent properties;

d.

That the alternative energy system complies with all other engineering, building, safety and fire regulations; and

e.

That the alternative energy system is found to not have any adverse impacts on the area, including the health, safety and general welfare of occupants of neighboring properties and users of public rights-of-way.

(f)

Interpretation. In interpreting this article and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. This article shall be construed broadly to promote the purposes for which it was adopted.

(g)

Conflict. This article is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided herein. If any provision of this article imposes restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes higher standards shall control.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Purpose and intent. In order to accommodate the communication needs of residents and business while protecting the public health, safety and general welfare of the community, the council finds that these regulations are necessary in order to establish predictable and balanced regulations for the siting and screening of wireless communications equipment, while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare.

(b)

Objectives. The goals in adopting this article are as follows:

(1)

Provide for the appropriate location and development of antennas and towers within the city;

(2)

Minimize adverse visual effects of towers through uniform design and siting standards;

(3)

Avoid potential damage to adjacent properties from tower failure, through structural standards and setback requirements;

(4)

Maximize the use of existing and approved towers and buildings for siting new antennas in order to reduce the number of new towers needed to serve the community;

(5)

Encourage colocation of facilities on the same structure or same site;

(6)

Require towers to be designed to accommodate at least two separate users, and encourage colocation of facilities on the same structure or on the same site;

(7)

Utilize public land, buildings and structures for wireless communications facilities whenever possible;

(8)

Prioritize the location of freestanding towers in areas outside the MUSA on property identified in the comprehensive plan as open space or along trail routes

(c)

Conditional use and building permits.

(1)

Conditional use permits are not required for:

a.

Antennas and towers used by the city for city purposes.

b.

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

c.

Antennas mounted on water towers; on the sides or roof of existing structures; and on existing communications towers, power, light or telephone poles. If the equipment would increase the height of the monopole or tower more than 20 feet, a conditional use permit amendment is required.

d.

Antennas or towers erected temporarily for test purposes or for emergency communications. Temporary antennas shall be removed within 72 hours following the termination of testing or emergency communication needs.

e.

Wireless telephone antennas located on the side or roof of an existing structure in all zoning districts in the city, provided that the antennas shall not extend more than 20 feet above the structure to which they are attached. Transmitting receiving and switching equipment shall be housed within an existing structure whenever possible. If new equipment is necessary for transmitting, receiving and switching equipment, it shall be located in the side or back yard, meet setback requirements, and shall be landscaped to screen the equipment from view from residential uses.

f.

Antennas or towers placed in public rights-of-way where attached to, or part of, a public utility structure.

(2)

Towers are permitted in the locations identified below, with a conditional use permit. Procedures for obtaining a conditional use permit are outlined in article II, division 4 of this chapter.

a.

As principal or accessory structures in industrial or business zoning districts.

b.

As principal or accessory structures in residential, parks, or mixed-use districts. The city will only consider a tower in the following residentially-zoned locations: churches or places of worship; parks and open space areas, when the city determines the facility would be compatible with the nature of the park; and city-owned property, government, utility and institutional sites and facilities.

1.

There shall be no more than one freestanding tower at one time on a property that the city has planned for a residential use or that the city has zoned residentially.

2.

The applicant shall demonstrate, by providing a coverage/interference analysis and capacity analysis, that location of the tower as proposed is necessary to meet the frequency reuse and spacing needs of the cellular or personal wireless communication services systems, and to provide adequate personal wireless communication or portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district or on an existing structure.

3.

If no existing structure which meets the height requirements for the antennas is available for mounting the antennas, the antennas may be mounted on a tower not to exceed the maximum height permitted, provided that the tower is located at least the height of the tower from the nearest residential structure, unless a qualified structural engineer shall specify in writing that any collapse of the tower will occur within a lesser distance under all foreseeable circumstances and a lesser setback is agreed to by the city council

c.

Within freeway development corridors in non-residential areas, when located 1,000 feet from the edge of the freeway right-of-way to the monopole.

d.

On government or institutional land or structures in all districts.

e.

Within public parks, golf courses, and open space in all districts as designed in the comprehensive plan. Antennas should be located on existing structures when feasible and all facilities should be located and designed to be compatible with the nature of the site.

f.

Parking lots in all zoning districts may be used to locate a tower where the tower replicates, incorporates or substantially blends with the overall lighting standards of the parking lot.

(3)

The preferred locations for wireless communications equipment shall be as follows:

a.

Water towers or tanks.

b.

Colocation on existing towers.

c.

Church steeples or church structure, when camouflaged as steeples, bell towers or other architectural features.

d.

Sides and roofs of buildings or structures over two stories in height.

e.

Existing power or telephone pole corridors.

f.

Light poles or towers at outdoor recreation facilities.

(4)

The following information shall be submitted with applications for conditional use permits for antennas and towers:

a.

The applicant shall provide sufficient information to indicate that construction, installation, and maintenance of the tower will not create a safety hazard or damage to the property of other persons.

b.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis that the location of the tower as proposed is necessary to meet the frequency reuse and spacing needs of the proposed communications equipment and to provide adequate personal wireless communication or portable cellular telephone coverage and capacity to areas which cannot be adequately served by existing equipment or colocation on existing equipment.

c.

All applications for the location of new towers shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.

(5)

In reviewing an application for a conditional use permit for the construction and maintenance of towers, antennas and related equipment, the city council shall consider the following:

a.

The standards in this article;

b.

The advice and recommendations of the planning commission;

c.

The effect of the proposed use upon the health, safety, convenience and general welfare of occupants of surrounding lands;

d.

The effect of the proposed use on the comprehensive plan.

(6)

This section does not apply to the use or location of private, residential citizen band radio towers, amateur radio towers, or television antennas.

(7)

All new towers, antennas and related accessory structures shall obtain a building permit, and are subject to inspection by the city building official to determine compliance with state building code construction standards. Any deviation from the original construction for which a permit is obtained is a misdemeanor. Notice of violations will be sent by registered mail to the owner, and he will have 30 days from the date the notification is issued to make repairs. The owner shall notify the building official that the repairs have been made, and as soon as possible thereafter, another inspection shall be made and the owner notified of the results.

(8)

Building permits are not required for adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, erection of temporary antennas or towers used for testing purposes, emergency communication, or for broadcast remote pick-up operations.

(d)

Existing antennas and towers.

(1)

Antennas, towers and accessory structures in existence at the time this section is adopted which do not conform to or comply with this section are subject to the following provisions:

a.

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 article.

b.

If an existing tower or antenna that does not comply with this section is damaged or destroyed due to any reason or cause whatsoever, the tower or antenna may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit in compliance with article II, division 2 of this chapter.

(e)

Setbacks, height, construction and performance standards.

(1)

All antennas, towers and accessory structures shall comply with all applicable provisions of this Code and this section.

(2)

No part of any tower or antenna shall be constructed, located, or maintained at any time, permanently or temporarily, in or upon any required tower setback area.

(3)

Tower or antenna height.

a.

The maximum height of any freestanding tower is 175 feet.

b.

The city council may require a 25 percent reduction in the maximum height limits of antennas or towers in all zoning districts, or may require up to twice the required setback from bluff lines, if the topography of the proposed site is at a substantially higher elevation than the surrounding public roadways or residential areas.

c.

Antennas, towers, and related equipment attached to existing structures shall not exceed more than 20 feet above the structure to which they are attached.

d.

Any proposed tower over 60 feet in height shall be designed for colocation of at least one additional antenna.

e.

Any proposed tower over 100 feet in height shall be designed for colocation of at least two additional antennas.

(4)

Lot size, location, and setbacks.

a.

Towers shall be subject to all setback requirements.

b.

In all districts, towers shall be located at least the height of the pole or tower plus 25 feet from the nearest residential dwelling unit.

c.

An antenna or tower attached to a building shall comply with the setbacks of the zoning district.

d.

Towers shall not be placed in any front yard.

e.

Towers shall not be placed between the principal structure and any adjoining public street or right-of-way, unless the city determines that such a location would lessen the visibility of the tower, or would lessen the negative impacts of such a facility on nearby properties.

f.

The minimum spacing between towers is one-quarter mile, except for colocation.

g.

The city may reduce or vary the required setback for a tower from a public street to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, power line support device or similar structure.

(5)

Design and performance standards.

a.

The tower shall be a light blue or gray, or other color that is demonstrated to the city to minimize visibility.

b.

Metal towers shall be constructed of, or treated with, corrosive-resistant material.

c.

The base of the tower shall occupy no more than 500 square feet and the top of the tower shall be no larger than the base.

d.

No advertising or identification visible-site shall be placed on the tower or antennas. The use of any portion of a tower, sign or antenna for signs other than warning or equipment information is prohibited.

e.

Towers must be designed to allow for future rearrangement of equipment upon the structure, and to accept attachments mounted at varying heights.

f.

All freestanding towers must be self-supporting without the use of wires, cables, beams or other means. The design should utilize an open framework or monopole configuration that is designed to collapse on itself in the event of structural damage. Permanent attachments, exclusive of antennas, that serve to increase off-site visibility, are prohibited.

g.

To prevent unauthorized entry, towers shall be provided with security fencing as needed or when required by the city.

h.

Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall meet setback requirements and shall be designed, constructed and screened to blend in to the surrounding environmental and adjacent land use. Equipment buildings shall utilize coniferous vegetation for required landscape screening.

i.

Towers and antennas should be located in areas that provide natural or existing structural screening for off-site views of the facility when feasible. Existing on-site vegetation that provides screening shall be preserved to the extent possible. The ground level perimeter of all towers shall be screened with a dense vegetative landscaping barrier that consists of 75 percent coniferous plantings. Antennas and related equipment located on the side or on the roof of a building may not be screened.

j.

Towers and antennas shall not be illuminated by artificial means, and shall not display strobe lights, reflectors, flashers, night-time red lights or other lights unless such lighting is required by federal or state regulations. When incorporated into the design and approved by the city, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.

k.

No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction repair.

l.

With the exception of necessary electronic or telephone service and connection lines approved by the city, no part of any antenna or tower nor any lines, cable, equipment, wires, or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.

m.

Towers and antennas shall be designed to withstand a uniform wind loading as prescribed by the state building code.

n.

Antennas and metal towers shall be grounded for protection against direct strike by lightning to the latest practices, and shall comply with electrical wiring statutes, regulations and standards.

o.

All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and structure, or between towers, shall be buried underground when feasible, or placed at least eight feet above the ground at all points.

p.

The base of all AM/FM radio towers shall be surrounded with a fence that is a minimum six feet in height with signs posted "Danger High Voltage" on all sides.

(f)

Abandoned or unused towers.

(1)

Abandoned or unused towers or antennas shall be removed within 12 months of the cessation of operations at the site, unless a time extension is granted by the zoning administrator. The replacement of a tower that was previously removed requires a conditional use permit amendment within 12 months of removal, or a new conditional use permit if the monopole or tower has been abandoned for more than 12 months.

(g)

Interference.

(1)

No new or existing tower, antenna or related equipment shall interfere with public safety communications. Before the introduction of new services or changes in existing services, equipment providers shall notify the city at least ten calendar days in advance of such changes and allow the city to monitor interference levels during the testing process.

(h)

Radiation.

(1)

Towers, antennas, and related equipment placed within the city shall be subject to state and federal regulations pertaining to non-ionizing radiation and other health hazards related to such facilities. If additional state and federal restrictive standards are adopted, all such communications facilities and equipment shall be made to comply, or continued operation of the conditionally permitted facility may be restricted by the city council. The cost of verification of compliance shall be borne by the owner and operator of the communications facilities and equipment.

(i)

Abrogation.

(1)

It is not the intention of this section to interfere with, abrogate, or annul any covenant or other agreement between parties, provided, however, where this section imposes a greater restriction upon the use or premises for antennas or towers than are imposed or required by other sections, rules regulations, or permits, or by covenants or agreements, the provisions of this section shall govern.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Building design standards.

(1)

Building materials.

a.

The exterior primary building materials of principal and accessory residential structures may include wood, lap siding with wood appearance (shall not include corrugated or flat metal panels), vinyl, brick, stone, marble, glass, decorative concrete block, stucco, and equivalent or better products. Asphalt shingles, metal (finished metal standing seam), roofing tiles, slate, copper, and materials with a similar appearance to those materials may be used for roofing materials.

b.

Accessory structures shall be constructed of durable, finished materials and shall be compatible in color to the principal structure. Accessory structures over 150 square feet in area shall be compatible with the principal structure in terms of design, roof style, pitch, and color. Metal accessory buildings are permitted only in the residential estates (RE) district.

(2)

Relationship to adjacent buildings. All new buildings proposed on existing vacant lots or lots that become vacant through demolition shall relate to the design of adjacent buildings in scale, size, proportions and character. This can be achieved by maintaining similar setbacks, façade divisions and proportions, porch elements, roof form and lines, rhythms and proportions of openings, building materials, details and colors. Historic architectural styles need not be replicated.

(3)

A primary entrance shall face an improved abutting street or be located off of a front porch, foyer, courtyard or similar architectural feature. Garage doors do not constitute a primary entrance.

(4)

For principal structures, above-grade window and door openings shall comprise at least 15 percent of the total area of exterior walls on the front façade. In addition, above grade window and door openings shall comprise at least ten percent of the total area of all exterior walls. Windows in garage doors shall count as openings; the area of garage doors themselves shall not count as openings. Windows shall be clear or translucent.

(5)

Residential structures shall be set back far enough from the street to provide a private yard area between the boulevard and the front door. Landscaping, steps, porches, grade changes, and low ornamental fences or walls may be used to provide increased privacy and livability.

(6)

Building materials and architectural treatments used on sides of buildings facing an abutting public street and on accessory structures should be similar to those used on principal façades.

(7)

The design and siting of the building should seek to preserve existing trees on the site and immediately adjacent lots. The landscape design should consider permeable materials for paths and driveways to protect existing mature trees in sensitive areas.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Standards for all multi-family uses.

(1)

Exterior materials.

a.

A minimum of 30 percent of exterior opaque materials on each elevation of a building must be brick, stone, decorative masonry, or similar materials as determined by the zoning administrator, or a combination thereof.

b.

The following materials are not allowed as exterior materials: painted or unpainted concrete block, aluminum, vinyl or fiberglass siding or roofing materials, precast concrete materials, unless specifically approved by the city council for a new commercial building, painting of previously unpainted brick, and wooden exteriors.

c.

Sustainability standards. The city encourages the use of sustainable building materials and construction techniques through programs such as U.S. Green Building council's LEED (leadership in energy and environmental design) program, state sustainable building guidelines, and similar programs.

(2)

Canopies. Canopies, awnings, cornices, and similar architectural accents are permitted on exterior building walls. Such features shall be constructed of rigid or flexible material design to complement the streetscape of the area. Any such feature may extend from the building no more than four feet. In no instance shall such feature extend over or interfere with the growth or maintenance of any required tree plantings. Minimum overhead clearance shall be eight feet. Ground supports for these features are not permitted in the minimum setback, sidewalk or public right-of-way.

(3)

Top of buildings. All rooftop mechanical equipment on buildings shall be screened from above or below (based on the type of mechanical equipment utilized) by integrating it into the building and roof design to the maximum extent feasible. Such equipment shall be screened with parapets or other materials similar to and compatible with exterior materials and architectural treatment on the structure being served. Horizontal or vertical slats of wood material shall not be utilized for this purpose. Solar and wind energy equipment is exempt from this provision if screening would interfere with system operations.

(b)

Standards for multi-family uses over eight units.

(1)

Connectivity and circulation.

a.

Transit-oriented development uses shall be integrated with the surrounding area, easily accessible, and have a good internal circulation system for a variety of travel modes.

b.

A pedestrian sidewalk system shall meet the following standards:

1.

Internal sidewalk connections are required between buildings and from buildings to all on-site facilities (parking areas, bicycle facilities, open space, etc.). All internal sidewalks shall be finished with a hard surface as required by the city's public works department.

2.

External sidewalk connections are required to provide direct connections from all buildings on site to the existing or required sidewalk system and to adjacent multi-use trails, parks, and greenways. Sidewalks shall be constructed with a hard surface and of a width as required by the city's public works department.

(2)

Street design.

a.

Street walls.

1.

No blank walls are permitted to face public streets, walkways, or public open spaces.

2.

All residential buildings fronting directly on a street shall be designed so that the first-floor street façade of the buildings along all streets include clear glass window and doors to create pedestrian interest. These openings shall be arranged so that the uses are visible from and to the street on at least 50 percent of the length of the first-floor street level frontage.

3.

Expanses of blank walls shall not exceed 20 continuous feet in length. A blank wall is a façade that does not contain clear glass windows or doors or sufficient ornamentation, decoration or articulation.

4.

No reflective surfaces shall be permitted on street level exterior façades.

b.

Corner building placement. At intersections, buildings shall have front and side façades aligned at or near the front yard setback or build-to line.

c.

Building entrances and orientation.

1.

Entrances shall be clearly visible and identifiable from the street and delineated with elements such as roof overhangs, recessed entries, landscaping, or similar design features.

2.

At least one or more operable pedestrian entrances per building shall be provided, unless in a case where all the three circumstances below exist, only two entrances shall be required:

(i)

When a lot abuts a public street right-of-way, at least one entrance shall be provided along all building façades fronting all public rights-of-way.

(ii)

When a lot abuts an existing or proposed public open space system, multi-use trail, or greenway, entrances shall be provided on the building façade closest to the public open space, multi-use trail, or greenway.

(iii)

When abutting a sidewalk in the rail station area, an entrance shall be provided on the building façade closest to the station area sidewalk.

(c)

Mixed-use structures.

(1)

Portions of multi-family buildings which contain one or more non-residential uses shall be constructed in a manner consistent with design standards for non-residential uses.

(2)

Design of mixed-use structures, and types of materials used, must be consistent and compatible across the entire structure or site.

(d)

Flexibility—Alternative site designs or building materials. To encourage creativity, imagination, innovation, and variety in architectural design, the planning commission may recommend modifications of the requirements of this section and the city council may approve such modifications upon determining that the proposed site and architectural design or exterior façades materials meet all of the following conditions:

(1)

The proposed design or material is consistent with the purposes of this section.

(2)

The proposed design or material would enhance the architectural appearance of the building and would be equal or superior to designs or materials permitted by this section.

(3)

The proposed design or material would be in harmony with the character of adjacent buildings and the surrounding district.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Building materials. Exterior building materials of all non-residential structures shall comply with the following requirements:

(1)

Classification of allowable materials. Allowable exterior building materials shall be classified as class I, II or III materials or accent materials, as follows:

a.

Class I exterior building materials include brick, stone, marble or glass. Bronze-tinted or mirror glass are prohibited as exterior materials.

b.

Class II exterior building materials include architecturally-treated concrete panels, cast-in-place concrete, pre-cast concrete panels, specialty concrete block (such as textured, burnished, or rock-faced block), stucco, or exterior insulation and finish systems (EFIS) if similar to other class I or II materials.

c.

Class III exterior building materials include unpainted or surface-painted concrete block (scored or unscored), unpainted or surface-painted plain or ribbed concrete panels, fiber cement exterior siding, and unfinished or surface-painted metal.

d.

Accent materials may be wood or metal if appropriately integrated into the overall building design and not situated in areas that will be subject to physical or environmental damage.

e.

All primary and secondary materials shall be integrally-colored with no painted materials.

f.

Metal storage buildings (commonly called pole buildings) cannot be used in the city except as accessory structures in the residential estates (RE) district.

(2)

Business and mixed-use districts. Permitted materials for non-residential buildings in business and mixed-use districts shall comply with the following: class I or class II materials shall cover at least 60 percent of each of the façades of a building. Class III materials shall cover no more than 30 percent of each façade of a building. Accent materials may include door and window frames, lintels, cornices and other minor elements, and shall cover no more than ten percent of all façades of a building.

(3)

Industrial districts. Permitted materials for non-residential buildings shall comply with the following: Class I or II materials shall cover at least 65 percent of each of the façades of a building. Class III or accent materials shall not cover more than 35 percent of each of the façades of a building in an industrial district.

(b)

Roof materials. All exposed roof materials in all zoning districts shall be similar to or an architectural equivalent of asphalt or fiberglass shingles, wood shingles, tile shingles, finished metal standing seam, or better.

(c)

Non-residential buildings, window areas. Non-residential buildings containing office and retail uses shall maintain 40 percent minimum window coverage on the first floor that faces a road or public open space.

(d)

Additions, alterations, and accessory structures. All subsequent additions, exterior alterations, and accessory structures, built after the construction of the original building or buildings shall be designed to conform to the original architectural concept and general appearance. These provisions shall not prevent the upgrading of the quality of materials used in a remodeling or expansion project. Such alterations shall also maintain the appearance of the building exterior due to fading, cracking, peeling, rotting, or other degradations or inconsistencies, particularly where signage, equipment, fixtures, or other features may have been removed, revealing an inconsistent color or condition of materials.

(e)

Other structures; garages and walls. Garages, screen walls, and other areas of exposed permanent materials shall be of a similar type, quality, and appearance as the principal structure. These provisions shall not prevent the upgrading of the quality of materials used in a remodeling or expansion project. Exposed areas of retaining walls shall be of high quality durable materials compatible with the overall design of the site plan and structures.

(f)

Utility equipment. All utility equipment, such as heating and ventilating equipment, meters and other devices shall be completely screened from eye-level view of adjacent properties and streets. Equipment shall be screened with a screen wall, berm, or landscaping if located on the ground. If on the roof, the equipment shall be screened with a parapet or screen wall of materials compatible with the principal structure, unless designed as an integral part of the building and is compatible with the site lines of the building, as determined by the zoning administrator. Vertical or horizontal wood slats, fencing or similar materials are not acceptable screening material.

(g)

Outdoor electronic speakers. Outdoor electronic speakers, and other sound-making devices, such as automobile service order devices, drive-in car speakers, outdoor sound systems, and similar instruments shall be screened, baffled, or located in such a manner that they do not transmit nuisance noise to adjacent or nearby residential uses.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Lighting fixtures shall be of a downcast, cutoff type, concealing the light source from view and preventing glare from spilling into residential areas. Lighting levels shall be measured in footcandles five feet off the ground or floor level. The following light levels shall be met:

(1)

Lot line of adjacent residential property: 0.5 footcandle maximum.

(2)

Open parking areas: 1.0 footcandle minimum.

(3)

Covered parking facilities/night (minimum).

a.

General parking and pedestrian areas: Five footcandles.

b.

Ramps and corners: Five footcandles.

c.

Entrances and exits: Five footcandles.

d.

Stairwells: 20 footcandles.

(4)

Covered parking facilities/day (minimum).

a.

General parking and pedestrian area: Five footcandles.

b.

Ramps and corners: Ten footcandles.

c.

Entrances and exits: 50 footcandles.

d.

Stairwells: 20 footcandles.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

All off-street parking areas and driveways, shall be constructed with an improved surface to meet the following requirements:

(1)

In all non-residential districts (MX, B and I districts), all driveways, parking, loading, and service areas shall be constructed with a concrete, asphalt or a similar durable and dustless surface that meets the city's public works design manual. The periphery of all parking areas and drives in non-residential districts (except parking areas for single-family and two-family residential uses in those districts) shall be constructed with poured-in-place concrete curbing, unless otherwise approved by the city.

(2)

In residential (R) districts, the first 40 feet of the driveway or the driveway area between the street and garage, whichever is less, shall be paved with concrete, asphalt or an acceptable surface that meets the city's public works design manual, except for properties whose main access is on a non-paved roadway.

(3)

For residential uses, the maximum driveway width shall be 24 feet at the curb line and property line. For commercial, office, or industrial uses, the maximum driveway width shall be 32 feet at the curb line and property line.

(4)

On residential properties, any parking or driveway surface located in the side or rear yard shall be constructed of one of the following: concrete, asphalt, class V gravel (minimum six inches compacted), landscape rock (minimum six inches compacted), landscape paver blocks, or brick that meets the standards in city's public works design manual. All parking surfaces draining to a public paved street shall be paved, unless otherwise approved by the city. The city may exempt a property owner from the paving requirement if the property owner can demonstrate the runoff from the rock surface is solely directed onto his property or surface runoff meets the city's public works design manual.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Parking, loading and service areas of commercial and industrial uses shall be graded and drained so as to dispose of all surface water accumulation within the parcel to meet the city's public works design manual and other applicable stormwater management requirements. All surfacing shall be completed prior to occupancy of the structure, unless specific approval otherwise has been granted by the city.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

The city can require the entire or greater portion of driveways that serve commercial and industrial uses or the first 40 feet of residential uses to be paved to comply with the city's public works design manual at the point of property sale. If the pavement surface of a driveway or parking lot has deteriorated beyond maintenance or repair and does not comply with the public works design manual, the owner shall be required to remove and replace the driveway or off-street parking area pavement at the point of property sale in accordance with this division and the city's public works design manual.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

All parking areas shall be set back a minimum of five feet from property lines. All driveways shall be setback a minimum of five feet from side and rear property lines. Parking areas and driveways shall meet the standards in section 18-73.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In the R-1 and R-1A districts, the total area of the driveway and parking areas shall not exceed 35 percent of the front yard area. The lot coverage in the RE and non-residential districts, including off-street parking areas, shall meet the requirements in sections 36-353 and 36-383.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

The parking or driveway surface may not encroach on any drainage and utility easement, except the front yard drainage and utility easement abutting the street.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Each off-street parking space shall be a minimum of nine feet wide by 18 feet deep. Access drives and aisles shall be a minimum of 24 feet wide for two-way traffic, and 18 feet wide for one-way traffic. Parking space dimensions for angled parking shall be approved by the zoning administrator, based on acceptable planning standards.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Parking spaces for compact cars may be included within a parking lot plan approved by the zoning administrator provided the spaces comprise no more than 40 percent of the spaces for the entire use or project, and provided they shall be clearly identified on the site and their location shall be designed carefully into the overall site plan. The spaces shall be a minimum of eight feet wide by 16 deep.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Parking for handicapped persons shall be provided in accordance with state and federal regulations.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

All off-street parking spaces for commercial and industrial uses shall have access from a private driveway and shall not access directly onto a public street.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

All parking spaces shall be on the same lot as the principal use for which they are intended, unless the city approves off-site parking for a principal use.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority of the property owner for using the property for off-street parking shall be filed with the city, confirming that the required number of off-street parking spaces will be maintained on the property during the existence of such principal use. No such parking facility shall, at its closest point, be located more than 400 feet from the principal use or building served.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

All properties with one to four dwelling units in the form of single-family detached, duplex, triplex, or quadplex shall adhere to outside storage and screening requirements established in section 36-314.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

The minimum number of off-street parking spaces required for uses in the residential, non-residential, and most mixed-use districts are identified below. Subsection 36-479(a)(5) prescribes the number of off-street parking spaces required for uses in the transit oriented mixed-use district.

(1)

Parking requirements for residential uses.

a.

Single- and two-family dwellings. Two spaces per unit, at least one of which shall be enclosed.

b.

Multi-family residential dwellings with up to eight dwelling units per building. Two spaces per unit, at least one each of which shall be enclosed, plus one-half space per unit of visitor parking, apart from individual garages or reserved resident spaces, within 100 feet of the entrance to each private unit entrance or to the building entrance if there is a common entrance. Visitor spaces may be further away if they have enclosed access to the building.

c.

Multi-family residential dwelling with more than eight units. One and one-half spaces per unit for each efficiency or one-bedroom unit, at least one each of which shall be enclosed, and two spaces per unit for each unit with two or more bedrooms, at least one each of which shall be enclosed. In addition, there shall be one-half space per unit of visitor parking, apart from individual garages or reserved resident spaces, within 200 feet of the entrance to each private unit entrance or to the building entrance if there is a common entrance. Visitor spaces may be further away if they have enclosed access to the building.

d.

Driveway space. Driveway space immediately in front of a garage door, blocking normal access to the garage, may not be counted as part of the required parking space for any residential use.

(2)

Parking requirements for non-residential uses.

a.

Retail sales and service uses. One space for each 250 square feet of gross floor area.

b.

Hotel or motel. One space per unit, plus one space per employee on the largest shift.

c.

Medical or dental clinic. Six spaces per doctor or dentist.

d.

Vehicle or equipment service and repair. Two spaces plus three spaces for each service stall.

e.

Restaurants, taverns, clubs, and similar uses. One space for each two and one-half seats, based on maximum design capacity.

f.

Offices, other than medical or dental. One space for each 250 square feet of gross floor area.

g.

Churches, theaters, auditoriums, funeral homes, and other places of assembly. One space for each three seats or for each five feet of pew or bleacher length, based on the maximum design capacity.

h.

Warehouse, storage, handling of bulk goods, industrial storage. One space for each two employees on the largest shift, or one space for each 2,000 square feet of gross floor area, whichever shall be greater.

i.

Manufacturing, light industrial, processing, and fabrication. One space per 500 square feet of gross floor area.

j.

Uses not specifically mentioned. As shall be determined by the zoning administrator.

k.

The maximum amount of surface parking spaces shall not exceed the specified minimum by more than ten percent, or two spaces, whichever is greater. If additional parking is desired, it must be placed underground, within an enclosed building, or in a tuck-under garage.

l.

On-street parking located in front of a commercial or mixed-use building may count toward the required number of parking spaces.

m.

For retail, medical, service and office uses, if a transit shelter is provided on site or in front of the building, then the minimum required number of parking spaces may be reduced by five percent but not to exceed five parking spaces total.

(3)

Shared parking in non-residential districts.

a.

The standards for shared parking spaces for uses in all non-residential districts are as follows:

1.

Required parking facilities serving two or more uses may be located on the same lot or in the same structure, provided that the total number of parking spaces furnished shall not be less than the sum of the separate requirements for each use.

2.

A shared parking plan for two or more uses involving fewer than the total number of parking spaces required for each use may be approved by conditional use permit, if all of the following conditions can be met:

(i)

No more than 50 percent of the required parking spaces for a given use may be shared with another use.

(ii)

For retail, medical, service, and office uses, required parking may be reduced by the establishment of a commercial parking district for the purpose of sharing parking with varying peak parking hours or availability of off-street public parking. The establishment of a commercial parking district to allow a reduction in parking required shall be subject to review and approval by the city during the development's initial site plan review or subsequent site plan changes.

(iii)

The city council may authorize other reduced off-street parking requests though a special agreement. The reduction must be based on proven parking data for a specific development. The applicant shall show that there is no substantial conflict between the principal operating hours of the uses, which will share parking spaces.

(iv)

A properly drawn legal instrument covering access easements, cross parking arrangements, maintenance, or other pertinent issues, executed by the parties involved, and approved by the city attorney, shall be filed with the city clerk-administrator.

(v)

Proof of available parking can be made available should a more intensive use be proposed for the site at a later time.

(4)

MX district parking standards.

a.

Parking requirements in the MX districts shall be governed by article III, division 5 of this chapter except for the following:

1.

Surface parking lots in the MX-2 and MX-3 districts shall be located at the side or rear of buildings and not in the front yard area. Surface parking lot or driveway access may not make up more than 25 percent of lot frontage.

2.

The required front setback for surface parking lots in the MX-1 and MX-3 districts shall include a planted boulevard that is a minimum of 20 feet in width and that meets the landscaping requirements of this chapter. City-owned right-of-way areas on the east side of Hastings Avenue shall be considered to meet all or part of the 20-foot boulevard requirement for the parcels adjacent to the right-of-way.

b.

In the MX-1 district, parking requirements shall be one space for every 350 square feet of office or retail gross floor area. On-street parking spaces that are adjacent to the parcel that the parking is being calculated for may be included in the calculation. The maximum number of off-street parking spaces permitted shall not exceed one space per 250 square feet of office or retail uses, except in the case of restaurants which shall be allowed one space per 200 square feet if shared parking facilities are not available.

c.

Parking standards for the MX-2 district are included in subsection 36-479(a)(5).

d.

Additional reductions in parking requirements in the MX-1 and MX-3 districts shall be permitted with demonstrations of proof of parking or a parking management strategy acceptable to the zoning administrator.

(5)

Parking requirements for uses in the transit oriented mixed-use district.

a.

For purposes of this section, a new use within the MX-2 district shall be required to meet the minimum/maximum parking spaces as shown in the following chart. All square footage is measured as gross footage.

1.

The required/permitted number of parking spaces of any building within the MX-2 district, including mixed-use buildings, shall be the sum total of the requirements for each use in the building.

2.

Parking maximums may be exceeded under the following circumstances, if one or more of the following is provided:

(i)

If structured or underground parking is provided on site, parking may be exceeded by 25 percent.

(ii)

If a shared parking agreement is executed, parking may be exceeded by 20 percent.

(iii)

If all parking spaces are located behind the building and are not visible from the public right-of-way, parking may be exceeded by ten percent.

(iv)

If driveways and access points are shared by at least two adjacent properties, parking may be exceeded by ten percent.

(v)

If a provision is made for combining or interconnecting adjacent parking lots and pedestrian access points, parking maybe exceeded by ten percent.

(vi)

In no case shall the cumulative increase in parking exceed 25 percent.

(vii)

A 25-percent parking reduction in the minimum number of parking spaces required is allowed if the principle use is located within 800 feet of a parking facility with public spaces available to the general public or within 800 feet of a public transit park and ride facility with an approved joint use agreement.

3.

No surface parking or maneuvering space shall be permitted within a required setback or between the primary structure and the front yard, except that driveways providing access to the parking area may be installed across these areas. It is the intent that these driveways be as nearly perpendicular to the street right-of-way as possible for pedestrian safety and to minimize intrusion into the landscaped areas.

4.

Parking requirements may be met on-site or off-site at a distance of up to 800 feet from the permitted use. Off-site parking to meet the requirements of this section may be provided through a lease, subject to the review and approval of the city.

5.

Parking that is located to the rear of the primary structure may extend the entire width of the lot, with the exception of any required screening or landscaped areas. Parking that is located to the side of the primary structure shall not cover more than 35 percent of the total lot width.

6.

Shared parking shall be permitted and encouraged.

7.

Bicycle parking shall be provided as a component of all parking facilities at a ratio of one bicycle space per 20 automobile spaces, or a minimum of two bicycle parking spaces, whichever is greater. Bicycle parking must be provided within view of each business front entrance. Adjoining businesses may share common bicycle parking areas.

8.

All parking areas for more than ten motorized vehicles (except for parking areas for townhouse dwellings on a single lot) shall provide screening. If a wall is provided, then the area devoted to the wall shall be wide enough to allow for its maintenance. The screening may be eliminated if abutting parking lots are combined or interconnected with vehicular and pedestrian access.

9.

Structured parking shall meet the following additional requirements:

(i)

At least 50 percent of the linear street level frontage of the facility shall be devoted to retain, office, civic, institutional, or residential uses. If 75 percent or more of the linear street frontage is devoted to such uses, then the total square footage of these uses shall be credited 100 percent toward the required FAR minimums.

(ii)

If retail, office, civic, institutional, or residential uses are constructed on the rear or side of the facility or above the ground floor on the street frontage of the facility, then the total square footage of these areas shall be credited 100 percent toward the required FAR minimums.

(iii)

Underground parking structures are permitted. Subsurface parking located in the minimum setback shall be permitted with an eight-foot clearance from the top of the subsurface structure to the sidewalk, subject to an approved encroachment agreement. No ventilation shall be permitted in the setback.

(iv)

A minimum nine-foot clearance shall be maintained on the first level and any additional level that provides disabled parking spaces. A minimum seven-foot clearance shall be maintained throughout the remainder of the parking deck to ensure the safe movement of vans and emergency vehicles.

(6)

Location of parking. Unless otherwise provided, required parking for all uses shall be within 400 feet of the entrance to the use.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Loading standards.

(1)

Non-residential buildings and structures, excluding parking structures, subject to the provisions of this section, shall provide a minimum number of off-street service/delivery loading spaces. The loading spaces shall be designed and constructed so that all parking maneuvers can take place entirely within the property lines of the premises and shall not interfere with the normal movement of vehicles and pedestrians on the public rights-of-way. The loading spaces shall be a minimum of ten feet by 25 feet and shall be provided in accordance with the following:

a.

Non-residential uses with gross floor area.

1.

Less than 50,000 square feet. None required.

2.

Fifty thousand to 150,000 feet. One space.

3.

Each additional 100,000 square feet. One space.

b.

Existing buildings are exempt from these standards.

(2)

No loading spaces shall be permitted within any required or established setback, or between the primary structure and the required setback, except that driveways providing access to the loading area may be installed across these areas.

(b)

Screening.

(1)

Loading and service areas. All loading and service areas shall be completely screened from eye-level view of adjacent residential uses, adjacent public streets, and the public front and office sides of business and industrial uses, except at driveway access points. Exterior loading docks or other provisions for handling materials brought to or removed from the site shall be on those sides of buildings, which do not face any roadway or proposed roadway.

(2)

Screening shall be consistent with standards for screening in division 4 of this article.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Findings and purpose. The city desires to protect the trees and woodlands in Newport because trees and woodlands provide numerous environmental, economic, and scenic benefits. It is therefore the city's intent to protect, preserve, and enhance the trees and woodlands of Newport and to encourage a resourceful and prudent approach to development in the city thereby promoting and protecting the public health, safety, and welfare of its citizens including future residents. The purpose of this article is to establish tree preservation, protection, and replacement regulations to protect existing trees and require the replacement of trees removed for development, including the following goals:

(1)

Preserve the natural character of neighborhoods in developed and undeveloped areas.

(2)

Ensure the health and wellbeing of Newport's urban forest.

(3)

Protect the health and safety of residents.

(4)

Protect water quality and minimize stormwater runoff.

(5)

Help prevent erosion, sedimentation, and flooding.

(6)

Assure orderly development within wooded areas to minimize tree loss and environmental degradation.

(7)

Establish minimum standards for tree preservation, replacement, and mitigation of environmental impacts resulting from tree removal.

(8)

Ensure the city's urban forest has a good age distribution, from young trees through large old specimen trees.

(9)

Promote the planting of trees to provide these benefits to present and future generations.

(b)

Definitions. The following words, terms, and phrases, as used in this article, shall have the meanings ascribed to them in this section:

Applicant means developer, builder, contractor, or owner who applies for a woodlot alteration, land use, grading, or building permit.

Caliper inch means a measurement used for nursery stock. It is the unit of measurement for defining the diameter of the tree trunk measured six inches above the soil surface for tree trunks four diameter inches or less and measured 12 inches above the soil surface for tree trunks greater than four diameter inches.

Certified arborist means an arborist with up-to-date certification by the International Society of Arborists.

City forester means a forester who is employed by the city, or another agent or independent contractor designated by the city.

Conifer tree means a woody plant that is a member of the division Pinophyta and at maturity is at least 12 feet or more in height. Conifers are cone bearing and most in Minnesota's climate keep their leaves (also called needles) year-round. Tamarack (Larix laricina) is the conifer that is native to Minnesota that drops its needles in the fall.

Deciduous tree means a woody plant, which sheds leaves annually, having a defined crown and at maturity is at least 15 feet or more in height.

Diameter means a measurement used for trees in the landscape. It is the diameter of a tree trunk as measured at a height of four and one-half feet above ground. To determine diameter, measure the circumference of the tree trunk at four and one-half feet above ground and divide by 3.14.

Hardwood deciduous tree means all deciduous tree species except those listed as softwood deciduous trees below.

Hazard tree means a tree that has structural defects that may cause the tree or tree part to fail, and the city forester determines that such failure could cause property damage or personal injury.

Invasive species means species that are not native to Minnesota and cause economic or environmental harm or harm to human health.

Minor home addition means an addition on a single- or double-dwelling lot of which the addition or accessory building is less than a 60 percent increase in the footprint of the single- or double-dwelling structure on said lot.

Native prairie means a landscape or planting that consists predominantly of grasses, flowers, and sedges that are native to Minnesota prairie ecosystems.

Shade tree means a woody perennial that at maturity is at least 15 feet in height and grown primarily for aesthetic or environmental purposes.

Significant tree means a healthy tree measuring a minimum of six inches in diameter for hardwood deciduous trees, eight inches in diameter for conifer trees, 12 inches in diameter for softwood deciduous trees, and specimen trees. Buckthorn or other invasive or noxious woody plants or trees as determined by the city are not considered a significant tree species at any diameter.

Softwood deciduous tree means the following tree species: box elder, cottonwood, elm, poplar, aspen, silver maple, and willow.

Specimen tree means a tree of any species that is 28 inches in diameter or greater, except invasive species. Specimen trees must have a life expectancy of greater than ten years, have a relatively sound and solid trunk with no extensive decay or hollow, and have no major insects, pathological problem, or defects. Specimen trees are valued for their size and their legacy.

Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures.

Tree preservation plan means a plan that shows all trees in the area to be developed or within the property and includes the information that is required by this section.

Utility means electric, telephone, cable television, water, sanitary or storm sewer, solid waste, gas, or similar service operations.

Wetland has the meaning given under M.S.A. § 103G.005.

Woodlot or woodland means a treed area of at least one-quarter acre on a vacant lot, which includes significant and/or specimen tree(s).

(c)

Prohibited tree removal. The removal of significant trees or woodlot(s) on any property by means of clear cutting or in a systematic removal method shall be prohibited, except in accordance with a city-approved tree preservation plan unless it is excepted pursuant to subsection (d).

(d)

Tree preservation plan applicability. A tree preservation plan shall be required for the following:

(1)

New development in any zoning district.

(2)

New building construction in any zoning district.

(3)

Expansion of any existing commercial, industrial, or institutional building or impervious surface by ten percent or greater, where an approved tree preservation plan is not on file with the city.

(4)

Any project for which a city land disturbance permit is required.

(5)

Removal of any healthy specimen tree on any parcel.

(6)

Removal of more than 30 percent of the diameter inches of the significant trees on any parcel.

(e)

Exemptions. The following are exceptions and are exempt from the requirements of the tree preservation plan:

(1)

Minor home additions, general home improvements, and construction of accessory buildings (i.e., garage, shed).

(2)

Tree removal related to public improvement projects to existing roadways, sewers, parks, and utility/infrastructure work or repair.

(3)

Emergency removal of a tree(s) to protect public health.

(4)

Tree removal related to public improvement projects to restore or enhance woodlands, savannas, or prairies.

(5)

Commercial tree nursery and landscape operations.

(6)

Removal of dead or dying trees unless those trees were planted as part of tree replacement in which case they shall be replaced based on the approved plan.

(7)

Removal of non-native trees that the city deems invasive species.

(f)

Tree preservation plan applications. Applicants for projects that require a tree preservation plan shall submit a plan prepared in accordance with the provisions of this section for approval by the city before any tree removal or other disturbance occurs on the site. The tree preservation plan shall reflect the developer's best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage, and other physical features, so that that the fewest significant trees are destroyed or damaged.

(g)

Tree preservation plan requirements. The tree preservation plan shall be a separate plan sheet(s) that includes the following information:

(1)

The name(s), telephone number(s), and address(es) of the person(s) responsible for tree preservation during the development project.

(2)

A tree inventory, indicating the size, species, general health, and location of all existing significant trees and woodlots located within the area to be developed or within the parcel of record. All significant trees must be tagged in the field for reference on the tree preservation plan. These significant trees should be identified on the plan sheet in both graphic and tabular form.

(3)

A listing of the total diameter inches of healthy significant trees inventoried in subsection (2) above. Dead, diseased, or dying trees do not need to be included in the totals.

(4)

A listing of the total diameter inches of healthy significant trees proposed to be removed, total diameter inches of healthy hardwood deciduous trees proposed to be removed, total diameter inches of healthy coniferous/evergreen trees proposed to be removed, the total diameter inches of common trees removed, and the total area of woodlot(s) proposed to be removed.

(5)

Outer boundary of all contiguous wooded areas, with a general description of trees not meeting the significant tree size threshold.

(6)

Locations of the proposed buildings, structures, or impervious surfaces.

(7)

Delineation of all areas to be graded and limits of land disturbance.

(8)

Identification of all significant trees proposed to be removed within the construction area. These significant trees should be identified in both graphic and tabular form.

(9)

Measures to protect significant trees.

(10)

Size, species, number, and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule (item n).

(11)

Signature of the person(s) preparing the plan.

(h)

Requirements for sites with large woodland areas. For sites containing a large woodland tract within which no qualifying trees will be disturbed, an alternative inventory meeting the following requirements may be provided:

(1)

Trees within undisturbed large woodland tracts are not required to be inventoried individually. Instead, the area of the undisturbed tract may be measured in square feet (on site or by means of an aerial photo) and divided by 60 to produce a proxy that shall be counted as the number of inches the tract contributes to the total qualifying inches.

(2)

All qualifying trees located on the site but outside of an undisturbed large woodland tract shall be inventoried as described in (a) above.

(3)

The site's total existing qualifying inches shall be the sum of the inches contributed by undisturbed large woodland tracts and by qualifying trees outside the tract.

(i)

Submission requirements. The tree preservation plan shall be submitted with any preliminary subdivision plan or site plan as required by the subdivision regulations of this Code; incorporated as a part of any landscape plan as required by the zoning regulations of this Code; or incorporated as part of a land disturbance plan and an application for any land disturbance permit as required by this Code. All tree preservation plans must be certified by a forester or landscape architect retained by the applicant.

(j)

City review and modification of plan. The tree preservation plan shall be reviewed by the city to assess the best layout to preserve qualifying trees and to enhance the efforts to minimize damage to qualifying trees. The applicant shall meet with city staff prior to submission of the development application or prior to application for the grading permit, whichever is first, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage, and other physical features, in order that the fewest qualifying trees are destroyed or damaged. During the modification process, the city has the following options:

(1)

The city may require modification to a tree preservation plan if the proposed tree removal exceeds what is allowed by this section.

(2)

The city may declare an application requiring a tree preservation plan incomplete based on the lack of required submittal information. Such application will be rejected.

(3)

The city may deny an application requiring a tree preservation plan if it is incomplete, lacks sufficient detail, if the tree removal exceeds what is allowed, or the applicant is unwilling to modify the plan to comply with this section.

(4)

The city may require a dedication of a deed restricted conservation easement designed to ensure that specific tree preservation areas are not negatively impacted or destroyed.

(5)

The city may require relocation of proposed private and public utilities, hard surface, and structures to increase preservation opportunities within the site.

(k)

Implementation. All sites shall be staked, as depicted in the approved tree preservation plan, and the required tree protection fencing shall be installed before land disturbance is to commence. The city shall inspect the construction site prior to the beginning of the land disturbance to ensure that protective fencing and other protective measures are in place. No encroachment, land disturbance, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved.

(l)

Allowable tree removal. Up to 30 percent of the diameter inches of significant trees on any parcel of land being developed may be removed without replacement requirements. Replacement according to the tree replacement schedule is required when removal exceeds more than 30 percent of the total significant tree diameter inches.

The following types of trees do not need to be included as part of the tally of tree removals:

(1)

Dead, diseased, or dying trees;

(2)

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

(3)

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

(4)

Trees that were planted by the current property owner. In making such determination, the city shall consider consistency of the age of the trees, any patterns in the location of the trees, historical aerial photography, and evidence of intentional planting such as invoices, formal planting plans, or cost sharing agreements.

(m)

Mitigation.

(1)

In any development where the allowable tree removal is exceeded, the applicant shall mitigate the tree loss by either:

a.

Planting replacement trees in appropriate areas within the development in accordance with the tree replacement schedule;

b.

Planting replacement trees on city property under the direction of the parks and recreation director, city forester or another city designee; or

c.

Paying to the city a cash mitigation, based on the diameter inches of required replacement in accordance with the tree replacement schedule. The fee per diameter inch of required replacement is set forth in the city's fee schedule. The payment shall be deposited into an account designated specifically for tree planting.

(2)

The form of mitigation to be provided by the applicant shall be determined by the city.

(3)

The planting of trees for mitigation on residential projects shall be in addition to any other landscape requirements of the city.

(4)

All trees, except ornamental trees, planted as landscaping on commercial projects may be counted towards tree replacement requirements.

(n)

Tree replacement calculations. The following calculation procedure must be used to determine tree replacement requirements:

(1)

Tally the total number of diameter inches of significant trees on the site.

(2)

Calculate 30 percent of the total diameter inches of significant trees on the site. This is the allowable tree removal limit, or the number of inches that can be removed without replacement.

(3)

Tally the total diameter inches of common trees that will be removed and subtract this number from the allowable tree removal limit.

(4)

If there are any allowable inches left, tally the total diameter inches of coniferous/evergreen tree species that will be removed, and subtract this number from the remaining allowable inches.

(5)

If there are any allowable inches left, tally the total diameter inches of hardwood deciduous tree species that will be removed, and subtract this number from the remaining allowable inches.

If at any point in the above calculation procedure the number of inches to be removed exceeds the 30 percent allowable removal limit, the remaining inches of removal above the allowable limit must be replaced according to the tree replacement schedule in subsection (o).

(o)

Tree replacement schedule. Tree removals over the allowable tree removal limit on the parcel shall be replaced according to the following schedule:

(1)

Common tree species shall be replaced with new trees, at a rate of one-eighth the diameter inches removed. Replacement trees must be a minimum of one inch in diameter.

(2)

Coniferous/evergreen species shall be replaced with new trees, either coniferous or deciduous, at a rate of one-fourth the diameter inches removed. Replacement trees must be a minimum of one inch in diameter. Since coniferous species are often sold by height rather than diameter inch, the following conversion formula can be used:

Height of replacement coniferous tree/2 = Diameter inches of credit.

(3)

Hardwood deciduous tree species shall be replaced with new hardwood deciduous trees at a rate of one-half the diameter inches removed. Replacement trees must be a minimum of one inch in diameter.

(p)

Species requirement. The city must approve all species used for tree replacement. Ornamental trees are not acceptable for use as replacement trees. Where ten or more replacement trees are required, not more than 30 percent of the replacement trees shall be of the same species of tree.

(q)

Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within two years after the date of project closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight months of removal.

(r)

Required protective measures. The tree preservation plan shall identify and require the following measures to be utilized to protect significant trees:

(1)

Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area.

(2)

Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant.

(3)

Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints.

(4)

Removal of any nuisance trees located in areas to be preserved.

(s)

Additional protective measures. The following tree protection measures are suggested to protect significant trees that are intended to be preserved according to the submitted tree preservation plan, and may be required by the city:

(1)

Installation of retaining walls or tree wells to preserve trees.

(2)

Placement of utilities in common trenches outside of the drip line of significant trees or use of tunneled installation.

(3)

Use of tree root aeration, fertilization, and/or irrigation systems.

(4)

Therapeutic pruning.

(t)

Compliance with the plan. The applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures shall remain in place until all land disturbance and construction activity is terminated or until a request to remove the tree protection measures is made to, and approved by, the city.

(1)

No significant trees shall be removed until a tree preservation plan is approved and except in accordance with the approved tree preservation plan as approved by the city. If a significant tree(s) intended to be preserved is removed or damaged to the point that city staff believes the tree will not survive, a cash mitigation, calculated per diameter inch of the removed/damaged tree in the amount set forth in the city fee schedule, shall be remitted to the city.

(2)

The city shall have the right to inspect the development and/or building site to determine compliance with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been met.

(u)

Specimen trees. Removal of any specimen tree shall require a special permit in addition to the other requirements in city code.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

All areas of land not covered by structures or pavement shall be landscaped with sod, mulch, or rock materials, and landscaped according to the following provisions:

(1)

At least one overstory tree shall be provided in the front yard for each 50 feet of lot frontage.

(2)

There shall be a minimum of one tree for every 1,000 square feet of non-impervious surface area on the lot.

(3)

All landscape materials shall be appropriate to the physical characteristics of the site in terms of hardiness, salt-tolerance, and sun or shade tolerance. Trees provided shall be at least 25 percent overstory deciduous and at least 25 percent coniferous. All deciduous trees provided shall be long-lived hardwood species.

(4)

All areas not otherwise improved in accordance with approved site plans shall be sodded. Exceptions shall be as follows:

a.

Seeding of future expansion areas as shown on approved plans.

b.

Undisturbed areas containing existing viable natural vegetation that can be maintained free of foreign and noxious plant material.

c.

Areas designated as open space or future expansion areas properly planted and maintained with native prairie grass.

d.

Use of mulch material such as rock or wood chips in support of shrubs and foundation plantings.

(5)

Slopes and berms. Final slope grades steeper than the ratio of 3:1 shall not be permitted without special landscaping treatments such as terracing, retaining walls, or ground cover.

(6)

Berming used to provide screening of parking lots shall be three feet in height and shall have a maximum slope ratio of 3:1.

(7)

Parking lot landscaping requirements.

a.

Parking lots for more than eight cars shall landscape ten percent of the parking lot surface area. The landscaped area may be in the form of landscape islands, special brick paving or other landscaping as approved by the zoning administrator. Landscape islands shall be a minimum width of 16 feet and with a minimum surface area of 250 square feet. The landscaped area shall adhere to the size and material requirements of this chapter.

b.

On a corner lot, and at entrances, nothing shall be placed or allowed to grow in such a manner as to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets within a triangular area 30 feet from the intersecting street right-of-way lines.

(8)

Plant size requirements. Plant size requirements for landscaping areas shall be as follows:

a.

Deciduous trees shall be at least two and one-half inches in diameter.

b.

Ornamental trees shall be a minimum of one and one-half inches in diameter

c.

Evergreen trees shall have a minimum height of six feet.

d.

Potted shrubs shall be in a five gallon pot or larger.

e.

Evergreen shrubs used for screening purposes shall be at least three feet in height at planting. Evergreen shrubs will have a minimum spread of 24 inches.

(9)

Landscape plans and screening plantings shall be completed within one year from the date a building permit is issued.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Buffer standards.

(1)

All uses shall provide landscaping buffers along all property lines abutting land zoned RE, R-1, or R-1A. This requirement also applies in situations where an alley with a right-of-way width of 25 feet or less separates the use from land zoned RE, R-1, or R-1A.

(2)

In no instance shall a chainlink, wood, vinyl, or barbed wire fence be permitted.

(b)

Screening standards.

(1)

All service entrances, utility structures associated with a building, and loading docks or spaces shall be screened from the abutting property and from public view from a public street.

(2)

Any fences or walls used for screening or other purposes shall be constructed in a durable fashion of brick, stone, and other masonry materials specifically designed as fencing materials. The finished side of the fence shall face the abutting property or public street. Chain link, wood, vinyl, or barbed wire fences are not permitted.

(3)

The composition of the screening material and the placement on the lot shall be left up to the discretion of the property owners as long as the intent of this section is met. A wall cannot be substituted for a planting strip along any public street unless supplemented by landscaping.

(4)

Landscaping used for screening shall be evergreen and at least four feet tall with a minimum spread of two feet when planted and no further apart than five feet. Shrubs shall be adequately maintained as that an average height of five to six feet can be expected as normal growth within four years of planting. The average expected height may be reduced to four feet for screening along public streets.

(5)

The maximum height for walls and fences shall be six feet or whatever is sufficient to visually screen the use but not less than four feet.

(6)

Dumpsters, recycling containers, compactors, and solid waste handling areas are not permitted in any setback or yard and shall be screened from adjacent property and from public view with a six-foot high solid and finished wall with closeable gates. In no instance shall a chainlink fence, wood, vinyl, or barbed wire fence be permitted.

(c)

The screening required for any purpose by city ordinance may be accomplished by:

(1)

Existing vegetation, topography, or another site feature;

(2)

Placement of the building on the lot or of a building on an adjacent lot;

(3)

Berming or landscaping which is at least 80 percent opaque at maturity. Planting screens shall consist of healthy, fully hardy plant materials, at least six feet in height. Such plantings shall be maintained in a neat and healthy condition. Plant materials that have died shall be promptly replaced;

(4)

Screen walls, provided they are maintained in good repair at all times.

(d)

Exceptions to buffer and screening requirements.

(1)

The following uses are not required to comply with screening requirements:

a.

Single-family detached;

b.

Two-family residential;

c.

Townhome units; or

d.

Multi-family buildings with four or fewer units.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Findings. The city council finds the following:

(1)

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

(2)

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

(3)

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

(4)

The city's zoning regulations have historically included regulation of signs in an effort to provide for 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 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.

(b)

Purpose and intent. It is not the purpose or intent of this article to regulate the message displayed on any sign; nor is it the purpose or intent of this article 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 article is to:

(1)

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

(2)

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

(3)

Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals to protect public safety and aesthetics.

(4)

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

(c)

Effect. A sign may be erected, mounted, displayed, or maintained in the city if it is in conformance with the provisions of these regulations. The effect of this article is to:

(1)

Allow a variety of sign types, sizes, and locations by zoning district, subject to the standards set forth in this article.

(2)

Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this article.

(3)

Prohibit signs whose location, size, type, illumination, or other physical characteristics negatively affect the environment and where the communication can be accomplished by having less impact on the environment and the public health, safety, and welfare.

(4)

Provide for the enforcement of the provisions of this article.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

All permanent signs shall be constructed in accordance with the current state building code and National Electrical Code. To the extent that any conflict exists between those provisions and the provision of this Code, the more restrictive shall apply. All signs shall be constructed in such a manner and of such material that they shall be safe and substantial, provided that nothing in this Code shall be interpreted as authorizing the erection or construction of any sign not permissible under the current zoning or building codes of the city.

(b)

All permanent signs utilizing electricity shall be subject to the state's current electrical code and electrical wiring shall be buried or concealed.

(c)

All permanent sign structures shall be designed and constructed to withstand a wind pressure of not less than 80 miles per hour, or as determined by the current state building code.

(d)

All billboards and signs along interstates and highways shall comply with applicable federal laws and rules and with M.S.A. §§ 173.13 through 173.231 and Minn. R. pts. 8810.0200 through 8810.1400 and successor statutes and rules.

(e)

All sign distances and setbacks required in this article shall be measured from the outer edge of the sign that is closest to the structure or roadway edge from which the setback is required.

(f)

Freestanding and monument signs.

(1)

Non-accessory freestanding and wall signs are prohibited in all districts, except in areas specially designated for off-premises signs in this article.

(2)

The base or support structure for freestanding and monument signs shall compliment the design of the building and incorporate 40 percent of brick, stone, decorative block, or similar substantial materials as approved by the city. The base of the sign shall be at least 75 percent of the width of the sign from the ground to the bottom of the sign.

(3)

Freestanding, on-premises signs along major thoroughfares (I-494 and T.H. 61) shall be subject to a review by the zoning administrator. The focus of the review is to assure the quality of the sign's design and materials and compliance with this code. Furthermore, the zoning administrator will consider the signs' relationship to any architectural theme of existing or proposed structures on the parcel.

(4)

Any freestanding sign within 25 feet of any intersection of street right-of-way lines or driveway entrances shall have vertical clearance for proper visibility by motorists on all affected roadways.

(g)

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.

(2)

Only one sandwich board sign per business per street frontage shall be permitted.

a.

Signage shall be located directly in front of or adjacent to the building that contains the business that is being advertised, except when a business has written authorization from another business and its property owner for its sign to be located directly in front or adjacent to said other business/property.

b.

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.

(3)

The maximum area shall be eight square feet per side of the sign with the maximum height being three and one-half feet.

(4)

Sandwich board signs shall: not be illuminated, nor shall they contain moving parts; only be displayed during business operating hours, except those located on private property; be removed from public sidewalks if there is any snow accumulation (the sign may not be replaced until the snow is removed).

(5)

Public sidewalk sandwich board signs shall be displayed only during business hours. 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.

(6)

Sandwich board signs within the public right-of-way may be moved/removed by the city for municipal purposes (i.e. snow removal, traffic issues, maintenance, etc.).

(7)

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

(8)

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

(h)

No sign other than public traffic controls shall be erected within any street right-of-way or upon any public easements except as permitted in this section.

(i)

A permit for a sign to be located within 50 feet of any street or highway regulatory or warning sign, or of any traffic sign or signal, or of any crossroad or crosswalk, will be issued only if:

(1)

The sign will not interfere with the ability of drivers and pedestrians to see any street or highway sign, or any traffic sign or signal, or any crossroad or crosswalk.

(2)

The sign will not distract drivers nor offer any confusion to any street or highway sign, or any traffic sign or signal. The burden of establishing whether a sign configuration will not disturb or confuse drivers will be on the applicant seeking to construct the sign.

(3)

Campaign yard signs permitted by this section may be placed not less than five feet from the curb, lot line or edge of street in residential, mixed-use, business, and industrial districts.

(j)

Any illuminated sign located within 50 feet of lot line of a residential use or a residential or mixed-use district shall have diffused or indirect illumination so direct rays of light shall not be directed into an adjacent residence. All illuminated signs in business and industrial districts adjacent to residential and mixed-use districts shall be designed to illuminate the sign and not illuminate residential properties to the extent practicable.

(k)

The building official, in granting permits for illuminated signs, shall specify the hours during which the same may be kept lighted to prevent the creation of a nuisance. All illuminated signs shall have a shielded light source.

(l)

Roof signs shall be prohibited in all districts.

(m)

Billboards shall be prohibited in all districts except as expressly allowed in section 36-514.

(n)

Campaign yard signs, posted by a bonafide candidate for political office or by a person or group promoting a political issue or a political candidate, may be placed in any district. Such signs may be erected beginning 46 days before the state primary in a state general election year and must be removed no later than ten days following the election. The signs shall be setback a minimum of five feet from the edge of the street and signs shall not visually obstruct motor vehicle operation. Candidates shall be provided a copy of this ordinance upon filing for office.

(o)

Temporary real estate signs may be erected for the purpose of selling or promoting residential development projects provided:

(1)

Such signs shall not exceed 128 square feet in area.

(2)

Only one sign shall be permitted per street frontage upon which the property abuts.

(3)

Such signs shall be removed when the project is 80 percent completed, sold, or leased.

(4)

Such signs shall be located no closer than 100 feet to any residence not part of the project.

(p)

Temporary signs adjacent to the public right-of-way for the purpose of selling or leasing individual lots or buildings shall be permitted provided:

(1)

Such signs shall not exceed six square feet in area for residential property and 32 square feet for non-residential property and multiple-family developments of four or more dwelling units.

(2)

Only one such sign is permitted per street frontage upon which the property abuts.

(3)

Such signs shall be removed within seven days following the lease or sale.

(q)

Temporary signs such as flying signs, air inflated devices, and search lights shall not be allowed at any time, in any zoning district, unless otherwise specified in this chapter.

(r)

The total sign area of any multi-faced free-standing or projecting wall sign shall not exceed two times the permitted area of a two-sided sign or three times the area of a three-sided sign. All applications for signs of more than two sides shall be reviewed by the zoning administrator, and at his/her discretion by the planning commission and city council.

(s)

Off-premises signs, except permitted temporary signs and permitted pylon signs and billboards in business, commercial, and industrial districts, are prohibited in all districts.

(t)

Bench signs are permitted in all districts at MTC bus stops. Back-lighted signs are permitted on the ends of bus shelters or transit stations.

(u)

Church directional signs shall be permitted in all districts provided the total area of such signs shall not exceed four square feet per facing.

(v)

Canopies and marquees shall be considered an integral part of the structure to which they are accessory. Signs may be attached to a canopy or marquee but such structure shall not be considered as part of the wall area and thus shall not warrant additional sign area.

(w)

Signs advertising garage, yard or similar household sales shall be removed within seven days of the sale.

(x)

Signs with moving or changing electronic messages are allowed as part of the total area of a permitted sign.

(y)

Signs located in the interior of a building and are not visible from the outside of the building shall be exempt from the provisions of this section and shall not require permits or payment of fees.

(z)

No sign shall contain any obscene matter as described by M.S.A. § 617.241 or successor statutes.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In addition to those signs permitted or prohibited in all districts, the following signs are allowed in each specific district and shall be regulated as to size, location, and character according to the requirements set forth:

(1)

Residential and mixed-use districts.

a.

Non-commercial (election) signs that comply with M.S.A. § 211B.045 or successor statutes.

b.

Nameplate signs: one for each dwelling unit, not greater than two square feet in area, indicating the name and/or address of the occupant.

c.

Recreational signs: one sign or bulletin board per street frontage for a park and recreational use in residential districts. Such sign or bulletin board shall not exceed 24 square feet in area nor shall it be placed closer than ten feet to any edge of a street line nor shall it be placed in a location that would interfere with the safe movement of traffic.

d.

Temporary signs that are a maximum of 20 square feet in size. A maximum of three temporary signs are allowed per parcel in residential districts. Temporary signs may be displayed for a maximum of 14 days, up to two times per year.

e.

Temporary signs for individual lot or building sales and for sales of residential development projects that comply with section 36-512.

f.

One permanent sign up to 32 square feet per street frontage shall be allowed by sign permit to identify residential subdivisions and multiple-unit developments. The sign may be a maximum of six feet in height. The sign shall be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors and materials compatible to the building or project.

g.

The maximum height of freestanding signs in residential districts shall be eight feet.

h.

Lighting must be indirect or diffused and comply with the requirements of this section.

i.

Non-residential institutional uses in residential districts and mixed-use districts:

1.

Wall signs. One wall sign for each street frontage shall be permitted on a building. The total area of all wall signs affixed to a building wall shall not exceed 20 percent of the total area of that wall. No individual wall sign shall exceed 150 square feet.

A wall sign shall not project more than 18 inches from the wall to which the sign is to be affixed. Furthermore, wall-mounted signs shall not exceed the roofline of any building.

Banners shall be included in the allowance for wall signs. The design and construction of all banners shall be professional looking and not be allowed to become torn or weathered.

2.

Free-standing signs. One freestanding sign is permitted for each street frontage. The total area of a free-standing sign for a building having one street frontage shall not exceed 60 square feet. Where a building has two or more street frontages, each permitted free-standing sign in excess of one shall be no greater than one-half the area of the first sign.

(i)

No part of a free-standing sign shall be closer than eight feet to the property line or exceed ten feet in height. The height shall be measured from the base of the sign or grade of the nearest adjacent roadway, whichever is lower.

3.

Temporary signs. Temporary special event signs may be displayed upon issuance of a permit for not more than ten calendar days, and not more than two times each year. Such signs shall include banners, pennants, flying signs, air-inflated devices, search lights, portable bulleting signs, streamers, and other signs approved by the city.

(i)

Established churches are exempt from permit requirements, number of days, and frequency guidelines.

4.

Electronic message signs. For non-residential institutional uses in residential and mixed-use districts, signs with moving or changing electronic messages are allowed as part of the total area of the permitted sign, with the following standards:

(i)

A conditional use permit is required.

(ii)

The sign is allowed as a portion of a free-standing sign.

(iii)

The electronic portion of the sign shall not exceed 32 square feet.

(iv)

Signs may be square or rectangular and contain all messages within.

(v)

Signs must have minimum display duration of 30 seconds.

(vi)

No dynamic display electronic sign shall be erected that by reason of position, shape, movement, or color, interferes with the proper function of a traffic sign, signal, or which constitutes a traffic hazard.

(vii)

Signs shall not exceed 4,500 Nits between the hours of civil sunrise and civil sunset, as measured from the sign face.

(viii)

Electronic portion of the sign may not be illuminated between 10:00 pm and 6:00 am and shall have a maximum of 250 Nits from civil sunset to civil sunrise, as measured from the sign face. The city council may extend the hours of illumination if the proposed sign is located at least 100 feet from all residential property boundaries.

(ix)

Signs shall have a fully-functional off switch that automatically shuts the display sign off when the display deteriorates ten percent or greater.

(x)

The lamp wattage and luminance level in Nits shall be provided at the time of permit application.

(xi)

Public service messages, in addition to messages such as Amber Alerts, are to be provided at no cost to the public.

(xii)

Electronic message signs are prohibited as temporary signs.

j.

The following types of signs are not allowed in residential zoning districts or on parcels with residential uses or adjacent to residential uses in all other districts: awning signs, canopy signs, changeable copy signs, dynamic display signs, flashing signs, marquee signs, pole signs, and pylon signs.

(2)

Business districts and business signs in mixed-use districts.

a.

Temporary signs. Temporary signs or banners that are a maximum 20 square feet in size are allowed. A maximum of three temporary signs are allowed per parcel on commercial properties in business, commercial, and mixed-use districts. Temporary signs may be displayed for a maximum of 30 consecutive days. No sign permit is required for temporary signs unless otherwise noted.

1.

The design and construction of temporary signs shall be professional looking and not be allowed to become torn or weathered. The city may require removal of a temporary sign if found inconsistent with this requirement.

2.

Temporary signs such as flying signs, air inflated devices, and search lights shall not be allowed at any time in any zoning district as established in section 36-512.

3.

One additional banner meeting the requirements established in subsection 36-513(a)(2)(b) may be allowed with a permit.

b.

Wall signs.

1.

One wall sign for each street frontage shall be permitted on a building for each business located within the building. The total area of all wall signs affixed to a building wall shall not exceed 20 percent of the total area of that wall. No individual wall sign shall exceed 150 square feet. The business or property owner shall obtain a sign permit for each wall sign.

2.

A wall sign shall not project more than 18 inches from the wall to which the sign is to be affixed. Furthermore, wall mounted signs shall not exceed the roof line on any building.

3.

The design and construction of all banners shall be professional-looking and not be allowed to become torn or weathered. The city may require removal of a temporary banner if found inconsistent with this requirement.

4.

One temporary banner is allowed in addition to existing wall signs or other temporary signage for a period of up to 120 days per year. Such temporary banners require a permit and must be affixed to a façade.

5.

Temporary banners affixed to a façade shall be limited in size to 80 square feet or ten percent of the building façade, whichever is less. When combined on a façade with wall signs, the overall sign area shall not exceed 20 percent of the total area of that wall.

c.

Permanent freestanding signs. One permanent freestanding sign is allowed for each building for each street frontage. The business or property owner shall obtain a sign permit for each permanent freestanding sign.

1.

The total area of a freestanding sign for a building having one street frontage shall not exceed 80 square feet. Where a building has two or more street frontages, each permitted freestanding sign in excess of one shall be no greater than one-half the area of the first sign.

2.

No part of a permanent freestanding sign shall be closer than ten feet to the front property line or exceed 25 feet in height. The height shall be measured from the base of the sign or grade of the nearest adjacent roadway, whichever is lower, to the top edge of the sign.

d.

Portable signs. One portable message sign up to 40 square feet in area may be displayed only during the merchant's business hours. The business or property owner shall obtain a sign permit for a portable sign if the sign has electrical components. Such signs shall be located within the width of the storefront to which it is related and shall not be placed within the public right-of-way or public easements.

e.

Multi-tenant monument signs. One monument sign shall be permitted for each multi-tenant building provided the surface area of the sign does not exceed 100 square feet per side, 25 feet in height, and is setback in no case less than 20 feet from the property lines. The area may be increased to maximum of 150 square feet per side for developments of over 20 acres.

f.

Pylon signs. Retail and service establishments on property abutting an interstate freeway or state highway right-of-way may erect one pylon sign for each building or building owned by a corporate entity or business. The sign shall not exceed 150 square feet of display surface area and shall be in addition to their one freestanding sign or wall sign. The pylon sign must be placed a minimum of 50 feet from the right-of-way of highways or interstate roadways. The maximum allowed height of pylon signs is 35 feet unless the city approves an increase in the height of the sign.

1.

Application may be made to the city for a variance to increase the maximum pylon sign height on a lot having the following characteristics:

(i)

The lot abuts the right-of-way of an interstate freeway or state highway or abuts a frontage road immediately adjacent to an interstate freeway or state highway.

(ii)

The lot does not have and is not allowed to have directional signage on the interstate freeway or state highway directing the public to the subject lot.

2.

To be eligible for a variance to increase sign height, the application shall be accompanied by the following drawings drawn to scale:

(i)

A site plan showing the location of the proposed sign, property lines of the subject property, road alignments of adjacent streets and highways and the locations of any cross-sectional drawings necessary to analyze the request.

(ii)

Cross-sectional drawings necessary to analyze the request showing the entire traveled surface of the freeway or state highway, any retaining walls or fences, any frontage roads, and the proposed sign location.

3.

The zoning administrator may approve an application for a variance to increase pylon sign height above the 35 foot maximum height permitted in this section when the proposed sign plan meets each of the following requirements:

(i)

The sign is no higher than necessary to allow the bottom edge of the sign face to be visible from at least 50 percent of the traveled surface of the interstate or state highway.

(ii)

The top of the sign face is no more than 12 feet above the bottom of the sign face.

(iii)

The location of the sign is such that the increase in sign height is minimized.

(iv)

The sign face shall not exceed 150 square feet.

g.

Flags. An individual business and institution may have no more than three flags or 45 square feet of flag surface area displayed at any one time.

h.

Illuminated signs. The building inspector and zoning administrator, in granting permits for illuminated signs, shall specify the hours during which the sign may be kept lighted to prevent the creation of a nuisance. All illuminated signs shall have a shielded light source that will prevent the direct view of that light source from any passing roadway or residence at grade. Any illuminated sign located within 50 feet of a lot line of a residential district shall be diffused or indirect so as not to direct rays of light into adjacent residences.

i.

Electronic dynamic display business signs. Signs with moving or changing electronic messages are allowed as part of the total area of the permitted sign in business districts or for business uses in mixed-use districts, with the following standards:

1.

Require a sign permit and approval of the city administrator.

2.

Allowed for use with free-standing, wall, and pylon signs.

3.

Signs may be square or rectangular and shall contain the entire message within the sign area.

4.

Signs must have a minimum display duration of 30 seconds.

5.

Goods and services described on the sign must be available at the businesses.

6.

No electronic dynamic display business sign shall be erected that by reason of position, shape, movement, or color, interferes with the proper functioning of traffic signs, signals, or which constitutes a safety hazard.

7.

Signs shall not exceed 4,500 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise, as measured from the sign face.

8.

Signs adjacent to residential properties shall be shut off from 10:00 p.m. to 6:00 a.m. or have a maximum of 250 Nits from civil sunset to civil sunrise.

9.

Signs shall have a fully functional off switch that automatically shuts the display sign off when the display deteriorates ten percent or more.

10.

The lamp wattage and luminance level in Nits shall be provided at the time of permit application.

11.

Public service messages, in addition to messages such as Amber Alerts, are to be provided at no cost to the public.

12.

Electronic dynamic display business signs are prohibited as temporary signs.

j.

Non-commercial (election) signs that comply with M.S.A. § 211B.045 or successor statutes are permitted in business and mixed-use districts.

(3)

Industrial districts.

a.

Temporary signs. Temporary signs or banners that are a maximum 20 square feet in size are allowed. A maximum of three temporary signs are allowed per parcel on commercial properties industrial districts. Temporary signs may be displayed for a maximum of 30 consecutive days. No sign permit is required for temporary signs.

1.

Temporary signs shall include: banners, pennants, portable bulletin signs, freestanding signs, streamers, and sandwich boards. The design and construction of all the signs shall be professional looking and not be allowed to become torn or weathered.

2.

Temporary signs such as flying signs, air inflated devices, and search lights shall not be allowed at any time in any zoning district.

b.

Free-standing identification signs. One identification sign is permitted for each building, not to exceed 80 square feet in area.

No part of a freestanding sign shall be closer than ten feet to the front property line or exceed 15 feet in height. The height shall be measured the same as for a freestanding sign in the commercial districts.

The maximum height of free-standing signs shall be 20 feet.

c.

Wall signs. One wall sign is permitted for each tenant having a private entry into a multi-tenant building in addition to the free-standing building identification sign. The sign be displayed at or near the tenants' entrance and not to exceed ten percent of the area of the wall to which it is affixed.

No wall sign shall exceed 150 square feet in area. Commercial activities such as motels, restaurants, and similar businesses may have signs according to the standards of the Business and Mixed-Use districts.

d.

Billboard signs are permitted that comply with section 36-514.

e.

Non-commercial (election) signs that comply with M.S.A. § 211B.045 or successor statutes are permitted in industrial districts.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Billboards may be permitted as off-premises signs, and may only be erected on properties abutting Interstate Highway 494 and are intended to be viewed from Interstate Highway I-494.

(b)

Billboards are only permitted in the I-1, I-2, and B-1 zoning districts.

(c)

All billboards shall comply with federal and state rules and regulations for signs along interstates and highways and shall obtain any required federal and state permits.

(d)

The maximum allowable size of any billboard is 700 square feet in surface area per sign surface. Skirting material is permitted in addition to the sign surface area and shall not exceed the length of the sign and shall be no more than three feet wide.

(e)

Billboards with dynamic display shall not contain more than two sign surfaces. Said sign surfaces shall face in opposite directions with an interior angle not to exceed 45 degrees.

(f)

The maximum allowable height of any billboard is 50 feet above the travelled grade of the roadway surface.

(g)

The minimum allowable distance in any direction between billboards on either side of the highway is one mile or 5,280 feet.

(h)

The minimum allowable proximity of any billboard to any residential or mixed-use district is 500 feet.

(i)

The minimum allowable distance of any billboard to any interstate or trunk highway right-of-way is five feet.

(j)

The minimum allowable distance of any billboard to any building shall be 25 feet.

(k)

No billboard may display any moving parts nor shall it be illuminated with any flashing or intermittent lights.

(l)

Every billboard shall be properly surface-coated and all surfaces shall be property painted and maintained.

(m)

A billboard may be an electronic or illuminated sign. Any such billboard must meet the additional requirements imposed upon such signs in section 36-515. All billboards with dynamic shall be licensed pursuant to this Code.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

In addition to the requirements in section 36-514 as applicable, billboards with dynamic display electronic messages are allowed as part of the total area of a billboard, based on the following:

(1)

Findings, purpose, and intent. The city finds it necessary for the promotion and preservation of the health, safety, welfare and aesthetics of the community that the construction, location, size, conspicuity, brightness legibility, operational characteristics, and maintenance of dynamic display off-premises signs be controlled. Dynamic display off-premises signs have a direct and substantial impact on traffic safety, pedestrian safety, community aesthetics and property values. The city recognizes that signs provide a guide to the physical environment and as such serve an important function in the community and economy. With respect to dynamic display off-premises signs the city council finds that they are highly visible from long distances and at very wide viewing angles both day and night and are designed to catch the eye of persons in their vicinity and hold it for extended periods of time. If left uncontrolled, dynamic display off-premises signs may constitute a serious traffic safety threat. Studies completed in the Twin Cities Metropolitan Area have revealed that electronic signs are highly distracting to drivers and that driver distraction continues to be a significant underlying cause of traffic accidents. The city intends by this section to establish a legal framework for dynamic display billboard sign regulation in the city. The regulations promulgated in this section are intended to facilitate communication between people while protecting and promoting the public health, safety, welfare, and aesthetics of the community. It is not the purpose or intent of this subsection to prefer or favor commercial messages or speech over non-commercial messages or speech or to discriminate between types of non-commercial speech or the viewpoints represented therein. Rather, the purpose of the dynamic display billboard sign regulations promulgated in this section is as follows:

a.

To eliminate potential hazards to motorists and pedestrians using the public streets and rights-of-way;

b.

To safeguard property values;

c.

To control nuisances;

d.

To preserve the appearance of the city through adherence to aesthetic principles;

e.

To eliminate excessive and confusing sign displays;

f.

To encourage signs which by their design are integrated with the surrounding environment and the sites they occupy; and

g.

To promote the public health, safety, and general welfare.

(2)

Permits. A sign license and a building permit are required for dynamic display off-premises signs. Prior to permitting any dynamic display off-premises sign, the applicant shall submit a signed letter from the dynamic display sign manufacturer certifying that the dynamic display off-premises sign has been calibrated to comply with the requirements of section.

(3)

Performance standards. Dynamic display off-premises signs shall comply with the following standards:

a.

The design of the support structure for the sign shall be approved by the city and include an illuminated logo of the city with the name "City of Newport" inscribed.

b.

No dynamic display off-premises sign shall be erected that, by reason of position, shape, movement, or color, interferes with the proper functioning of a traffic sign, signal, or which constitutes a traffic hazard.

c.

Dynamic display off-premises signs shall have a minimum display duration of eight seconds. Such displays shall contain static messages only; change from one static message to another shall be instantaneous without any special effects, through dissolve or fade transitions, or with the use of another subtle transition technique that does not have the appearance of moving text or images.

d.

The dynamic display off-premises sign shall be rectangular in shape and all messages must be contained within the sign. The portion of any dynamic or illuminated sign that is used for the conveyance of any message will be included within the overall size of the sign.

e.

Dynamic display off-premises signs shall not be permitted on any buildings.

f.

Signs with dynamic electronic display shall not emit sound.

g.

All dynamic display off-premises signs shall have installed ambient light monitors and shall allow such monitors to automatically adjust the brightness level of the electronic sign based on light conditions at all times.

h.

Dynamic display off-premises signs shall meet the following brightness standards: Dynamic display off-premises signs shall not exceed 7,500 Nits (candelas per square meter) between the hours of civil sunrise and civil sunset measured from the face of the sign. The light level shall not exceed 0.3 foot candles above ambient light as measured from a pre-set distance depending on sign size. Measuring distance shall be determined using the following equation: the square root of the message center sign area multiplied by 100. Example: 12 square foot sign √(12 × 100) = 34.6 feet measuring distance.

i.

Dynamic display off-premises signs shall have a fully-functional monitoring off switch system that automatically shuts the dynamic display billboard sign off when the display deteriorates, in any fashion, five percent or greater until the dynamic display sign has been repaired to its fully-functional factory specifications.

j.

Any dynamic display off-premises sign located within 50 feet of a lot line of a residential district or residential use in a mixed-use zoning district shall be turned off or programmed to go blank between the hours of 10:00 p.m. and 6:00 a.m., daily. All dynamic display billboards in business and industrial districts that are close to residential districts and residential property located in a mixed-use or business district shall be designed to illuminate the sign and not residential properties.

k.

The lamp wattage and luminance level in Nits of the dynamic display off-premises sign shall be provided at the time of permit application from the owner or operator of the sign stating that the sign shall at all times be operated in accordance with city Codes and that the owner or operator shall provide proof of such conformance upon request of the city.

l.

Public service messages, in addition to messages such as Amber Alerts, shall be provided on the dynamic display billboard sign at no cost to the public.

m.

Portable, dynamic display signs are not allowed as permanent signs in any district.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

All signs, billboards, and other advertising structures together with their supports, braces, guys and anchors shall be maintained to be structurally sound, safe, and in good repair. Every sign and immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean sanitary, and inoffensive condition and fee and clear of all obnoxious substances, rubbish, and weeds.

(b)

All signs shall be properly surface-coated and the display surfaces and supports shall be properly painted, pasted, and maintained.

(c)

All signs which are unsafe, dangerous, or unsightly shall be repaired or removed. Unsafe or dangerous signs shall be removed or otherwise properly secured by the property owner or sign owner upon receipt of notice to do so by the city. Any abandoned, unsafe, or illegal sign is declared to be a danger to the health, safety, and welfare of the citizens of the city and is declared to be a public nuisance subject to abatement and assessment, except that legally established nonconforming signs shall not be abated until they have been abandoned for more than one year.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Nonconforming sign. Any legal sign existing prior to the date that new zoning provisions were adopted making the sign inconsistent with the provisions of this chapter.

(b)

All nonconforming signs shall be brought into compliance within 60 days of a change in the principal business use.

(c)

Any business or property with signs not in compliance with the standards of this section, but which were in place legally on the date of the adoption of this Code, may retain such signs as legal nonconforming uses. Such signs may be maintained normally. A significant change in the size, shape, design, or materials of the sign, as determined by the zoning administrator, shall be in conformance with all standards of this section.

(d)

Any nonconforming temporary or portable sign existing at the time of adoption of this article shall be made to comply with the requirements set forth or shall be removed within one year after the adoption of this article.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Non-structural trim. Non-structural trim and portable display surfaces may be of wood, stone, metal, approved plastics, or any combination thereof, provided that the requirements of this ordinance are satisfied where applicable.

(b)

Anchorage.

(1)

Structural members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull-out amounting to a force 25 percent greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.

(2)

Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base shall be adequate to resist wind pressure.

(3)

Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage to support the loads applied.

(4)

No wooded blocks or plugs, or anchors with wood used in connection with screws or nails, shall be considered proper anchorage, except in the case of signs attached to wood framing.

(5)

No anchor or support of any sign shall be connected to, or supported by, an unbraced parapet wall unless such wall is designed in accordance with the requirements for parapet walls specified for seismic zones in then adopted uniform building code.

(c)

Display surfaces. Display surfaces in all types of signs may be made of metal, glass, or approved plastics.

(d)

Plastic materials. The building inspector shall require that sufficient technical data be submitted to substantiate the proposed use of any plastic material and, if it is determined that the evidence submitted is satisfactory for the use intended, he may approve its use.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Permits. Except as provided in this article, the owner or occupant of the premises on which a sign is to be displayed and the owner or installer of such signs, shall file an application for a sign permit or other permits as required on the form provided by the city zoning administrator for permission to display such sign. Sign permits, conditional use permits, or interim use permits must be acquired for all existing, new, relocated, modified, or redesigned signs as specified in this section, except those specifically exempted below. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. The applicant shall submit the following information with the application:

(1)

Names and addresses of the owners of the proposed sign and property where it is proposed to be placed.

(2)

The legal description of the property where the sign will be placed.

(3)

A complete set of plans showing the location, setbacks, elevation, size materials, and details of the sign that fully and clearly represent the construction and placement of the sign, and cost of the sign.

(4)

The type of sign (i.e., wall sign, monument sign, etc.).

(5)

If the sign is proposed to be located along a state trunk highway or interstate highway, the application shall be accompanied by proof that the applicant has obtained all required permits from the state for the sign.

(b)

Applicants for a dynamic display billboard sign permit shall enter into an agreement with the city to provide the city no less than ten hours, provided in 4,500, eight-second spots, per month per dynamic display billboard sign face in the city for community and public service messages at such times as shall be reasonably determined by the city. This agreement must be approved by the city council before a permit for the construction or conversion of a dynamic display billboard sign may be issued by the city.

(c)

The city zoning administrator may approve sign permits. The review period shall be consistent with M.S.A. § 15.99 or successor statutes. If the permit is denied, the zoning administrator shall prepare a written notice describing the reason for denial and the applicant's appeal rights, and send it by certified mail, return receipt requested, to the applicant.

(d)

If a sign authorized by a permit has not been installed within 180 days after the date of issuance of a sign permit, the permit shall become null and void.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

A permit applicant or permit holder may appeal any order or determination made by the city zoning administrator or their deputies pursuant to this article by filing a notice of appeal with the city administrator requesting a hearing before the planning commission. The planning commission will hear:

(1)

Appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the administrative officer in the enforcement of this article.

(2)

Requests for variances from the literal provisions of this article.

(b)

Upon completion of the public hearing, the planning commission will forward to the city council a recommendation on the appeal for final approval/disapproval.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

The exemptions allowed by this section shall apply only to the requirement of a permit and shall not be construed as excusing the installer of the sign, or the owner of the property upon which the sign is located, from complying with the other provisions of this article. No permit is required under this section for the following signs:

(1)

Signs which are completely within a building, are not on or within three feet of a window and are not visible from the outside of the building.

(2)

Nameplate or address plate not exceeding two square feet in size.

(3)

Up to three temporary signs that are six square feet in area or less on a property for the duration permitted by this section.

(4)

Signs erected by the city on city properties and public rights-of-way.

(5)

Window signs in business, industrial and mixed-use districts that comply with this section.

(6)

Non-commercial signs that comply with M.S.A. § 211B.045 or successor statutes.

(7)

Signs may be placed on parcels that are currently offered for sale provided such signs are not closer than ten feet to any property line and shall not exceed 36 square feet in area for multi-family residential, commercial, industrial or mixed uses. One sign shall be permitted for each street frontage.

(8)

Signs may be erected on parcels that are currently under construction for single-family or multiple-family residences. The plat of the development shall be recorded with the county recorder prior to the erection of a sign. Such signs are subject to the following standards:

a.

Such signs shall not exceed 128 square feet in area.

b.

Only one such sign shall be erected on each road frontage with a maximum of three such signs per project.

c.

Such signs shall be removed when the project is 80 percent completed, sold or leased.

d.

Such signs shall be located on the property which is for sale.

e.

Signs for non-residential property, multiple-family developments of four or more dwelling units and single-family developments of four or more dwelling units shall be located no closer than 100 feet to any residence not part of the project.

(9)

Back-lighted signs are allowed on the ends of bus shelters, and signs are allowed on benches at bus stops.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

If the city zoning administrator or their deputies finds that any sign regulated by this article is prohibited as to size, location, type, number, height, or method of construction, or is unsafe, insecure or a menace to the public, or if any sign has been constructed or erected without a permit first being granted to the installer of the sign or to the owner of the property upon which the sign has been erected if a permit is required for the sign, or if the owner fails to properly maintain the sign in a safe, orderly condition at all times, including the replacement of defective parts, or is in violation of any other provisions of this article, the city zoning administrator shall give written notice of such violation to the owner or permittee thereof. If the owner or permittee fails to comply with the provision set forth in this article within ten calendar days following receipt of the notice:

(1)

Nuisance. Such sign shall be deemed to be a nuisance and may be abated by the city by proceedings taken under M.S.A. ch. 429, and the cost of abatement, including administration expenses, may be levied as a special assessment against the property upon which the sign is located.

(2)

Penalty. Failure to comply with the provisions of this article shall be a misdemeanor.

(b)

Any property owner that leases building space or land on or within their property has a responsibility to assist, as is applicable, in the enforcement of this section with their tenants.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)