(a)

Compliance required. Every use permitted by this article shall be so established and maintained as to comply with the provisions of this section.

(b)

Investigation and testing; costs. The council may require the complaining party to provide such tests or investigations by an independent testing organization satisfactory to the council as are necessary to show noncompliance with these standards. The entire cost of such investigations and tests shall be paid for by the complaining party unless the results disclose noncompliance with these standards in which event the entire cost shall be borne by the owner or operator of the noncomplying use. This provision does not preclude the city from making any investigations and tests it finds appropriate to determine compliance with these standards.

(c)

Noise. Noise shall be measured on any property line of the tract on which the source of the noise is located and shall meet the following requirements:

(1)

Noise shall be so muffled as not to become objectionable due to intermittence, beat, frequency, shrillness, or intensity.

(2)

At the property line of the parcel on which the source of noise is located, the sound pressure level of noise is located, the sound pressure level of noise radiated shall not exceed the limits set forth in the decibel level chart below measured for ten percent (L10) and 50 percent (L50) of a one-hour period, using a sound level meter having the characteristics as specified in the latest standards S1.4-1983 of the American National Standards Institute, specification for sound level meters, and using procedures approved by the state pollution control agency.

(3)

In addition, no persons shall make or cause to be made, any impulsive and loudly audible noise that injures or endangers the comfort, repose, health, peace, safety or welfare of any persons or precludes their enjoyment of property or affects their property value.

(d)

Odor. No use shall cause the discharge of toxic, noxious or odorous matter beyond the limits of the site where it is located in such concentrations as to be obnoxious or otherwise detrimental to the public health, safety, comfort or welfare or cause injury to property or business.

(e)

Glare. Direct or reflected glare, such as from floodlights, spotlights or high temperature process illumination, and as differentiated from general illumination, shall not be visible beyond the site of origin at any property line. Any lights used for exterior illumination shall be directed away from adjacent properties. Lights used for externally lighting of signs shall be shielded from any roadway.

(f)

Vibration. Vibration at any property line shall not be discernible to the human sense of feeling for three minutes or more duration in a one-hour period. Vibration of any kind shall not produce at any time an acceleration of more than one-tenth gravities or result in any combination of amplitudes and frequencies beyond the "safe" range of Table VII, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any structure. The methods and equations of that bulletin shall be used to compute all values for the enforcement of this provision.

(g)

Smoke; open burning. Smoke shall be measured at the point of emission by using the Ringelmann Smoke Chart published by the United States Bureau of Mines in Circular No. 7718. Smoke not darker or more opaque than No. 3 on the chart may be emitted for a period not longer than four minutes in any 30 minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an equivalent opacity. Open burning shall require a DNR burning permit.

(h)

Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding three-tenths grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 percent excess air.

(i)

Fumes and gases. Fumes or gases shall not be emitted at any point in concentrations that are noxious, toxic or corrosive. The values given in the tables in chapter 5, Physiological Effects of the Air Pollution Abatement Manual, published by the Manufacturing Chemists' Association, Inc., Washington, D.C. (in the most recent edition that includes such tables), are established as guides for the determination of permissible plans for the elimination of fumes or gases before the issuance of a land use permit:

(j)

Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of such materials. Such hazards shall be kept removed from adjacent activities to a distance, which is compatible with the potential danger involved.

(k)

Air quality. Every activity shall conform to state regulations relating to air quality standards and air pollution control.

(l)

Erosion. No activity shall be carried on in such a way that water, soil or any objectionable substance is carried on to any adjacent property.

(m)

Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point or any electrical disturbance adversely affecting the operation of any equipment at any point beyond the property line containing the activity. Adverse effects shall be measured by FCC standards.

(n)

Abandoned buildings. No person shall allow a building, mobile home or manufactured home, or other structure to be abandoned, deteriorate and become a safety hazard. The city planner shall determine if a structure is a safety hazard and if so, shall make a recommendation for corrective action to the planning and zoning commission and the city council. Such removal shall take place within 30 days of the order. If the owner fails to remove the structure, the city may do so and assess the cost against the property through the county taxation method.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

A significant historical site, as defined by state law, may not be modified, altered or built upon in a manner that affects the historical value or nature of the site and without consultation with and approval by the state historical society.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

Fencing shall comply with the following standards:

(a)

Fences shall not exceed 72 inches in height.

(b)

Fences shall not be erected where they create a visual safety hazard.

(c)

No fence shall be erected within ten feet of the shoulder of any public road or within one foot of the right-of-way whichever distance from the road surface is greater.

(d)

All fences must meet the OHW setback or if houses are in line no closer than the front of the house, whichever is greater.

(e)

No barbed wire fencing shall be used within the city, except in OSR district when used for agricultural purposes.

(f)

Fences shall require a land use permit, and fences not meeting the requirements of this section shall require a conditional use permit.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

Exterior storage. All materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: laundry drying, recreational equipment, construction and landscaping materials and equipment currently being used for construction of the premises, woodpiles, agricultural equipment and materials if these are used or intended for use on the premises, and off-street parking except as otherwise regulated herein. Boats, recreational vehicles and fish houses are permissible if stored in the rear yard not less than ten feet distant from any property line. Fish houses shall not be used as a dwelling.

(b)

Abandoned vehicle storage. Abandoned vehicles shall not be stored outside in any district. Existing abandoned vehicles shall be removed within 30 days after the adoption of the ordinance from which this article is derived.

(c)

Bulk storage. All uses associated with the bulk storage of oil, gasoline, liquid propane, liquid fertilizer, chemicals and similar liquids shall comply with the requirements of the state fire marshal, the state pollution control agency and State Department of Agriculture and when in excess of allowed domestic requirements shall have documents from those offices stating that the use is in compliance. No storage facility shall be constructed or placed where spillage from the facility would drain to a drainageway or public waters without providing diking and an impervious basin.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

Solid waste. All solid waste materials, debris or refuse shall be kept within a completely enclosed building or properly contained in a closed container designed for such purposes. Liquid wastes containing any organic or toxic matter shall be either discharged into a public sanitary sewer with permission of the city of treated in a manner prescribed by the health officer. Solid waste shall be disposed of in accordance with this section and county standards. Brush piles, yard wastes and compost piles containing no put risible materials are permitted, provided they do not become a fire hazard or visual nuisance.

(b)

Domestic sewage. Domestic sewage is subject to the following standards and specifications:

(1)

All structures shall discharge into a municipal sanitary system if available.

(2)

All other structures shall have an individual or common sewage treatment system meeting the requirements the state health department well code setbacks, Minn. R. ch. 7080 (individual sewage treatment systems standards) and this Code. Further, all systems shall be constructed by installers certified by the state to install on-site disposal systems. All applications for an on-site treatment system shall be submitted in accordance with the state pollution control agency regulations and this Code.

(3)

All nonconforming systems shall be brought into conformance as provided in this article.

(4)

Sewage tanks being abandoned shall be thoroughly pumped and filled with soil.

(5)

Maintenance of individual or common sewage treatment systems shall be in accordance with Minn. R. ch. 7080 and this Code.

(6)

The city may authorize a time extension for the installation of a conforming sanitary sewer system to allow for winter weather delays, provided no imminent health threat is posed to the general public.

(c)

Agriculture or animal wastes. Within the shoreland area, 1,000 feet from a lake or 300 feet from a watercourse, no waste products from agriculture or animal husbandry operations shall be deposited at any greater rate than the plant and soil system can absorb the nutrients. No wastes shall be allowed to accumulate when surface waters flow directly to public waters or watercourses. No livestock shall be allowed to water directly in a stream or public water.

(d)

Water supply. All structures shall be connected to a municipal water supply if made available. All water systems shall meet the requirements of the State Health Department standards for water systems.

(e)

Domestic and agricultural wells. All domestic and agricultural wells shall conform to the State Health Department standards for wells. A licensed well driller shall drill all domestic wells. The driller shall submit a log to the city.

(f)

Well abandonment. All wells being abandoned shall be sealed according to State Health Department standards and reported to the State Health Department and the city.

(g)

Shallow wells. Shallow wells such as sand points not exceeding 50 feet in depth or penetrating at least ten feet of impervious material, may be used only for non-domestic, non-potable water usage such as for lawn watering or for livestock. The well shall be sealed with concrete around the casing and shall not be located in a pit, basement, or any location subject to flooding.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

Domestic pets. Domestic pets shall be properly cared for, shall not be allowed to become a nuisance, and shall be maintained in sanitary conditions. Domestic pets include normal household pets and other animals, birds, and reptiles normally kept caged.

(b)

Wild animals. Animals normally considered wild shall require a conditional use permit and appropriate state permits.

(c)

Livestock. Keeping of livestock may be permitted in the OSR district. Livestock shall be properly cared and maintained in sanitary conditions.

(d)

Chickens. The keeping of chickens may be allowed in residential districts UR, SR, and LR provided that the following performance standards are met:

(1)

Minimum lot size for the keeping of chickens is 0.5 acres (21,780 square feet).

(2)

No more than seven hen chickens shall be allowed. Roosters are prohibited.

(3)

Chickens must be kept confined on the residential parcel at all times in a chicken coop or chicken run. Chickens must be secured in a chicken coop from sunset to sunrise each day.

(4)

Chicken coops and runs require a permit and must meet the following standards:

a.

Coops and runs must be located in the rear yard or side yard. Screening is required for all coops and runs located in the side yard. Coops and runs are not allowed in the shoreland impact zone (SIZ).

b.

Coops and runs must maintain a minimum 30-foot setback from any adjacent property and must not be located in a residential structure; including porches, garages, or sheds.

c.

Coops shall be elevated or rodent proof.

d.

Must be a minimum of four square feet per chicken in size, must not exceed ten square feet per chicken in size and must not exceed eight feet in height. Attached fenced in runs must not exceed 20 square feet per chicken and six feet in height. Chicken runs may be enclosed with wood and or welded wire materials.

(5)

Chicken feed shall be kept in rodent proof containers.

(6)

Accumulation of animal wastes or manure shall not be allowed.

(7)

Animal husbandry is prohibited.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 14, Fourth Series, § 2, 9-19-2023)

(a)

Diseased trees shall be removed immediately and disposed of as firewood or by other burning. Branches shall also be burned.

(b)

Vegetation removal and clear-cutting, if allowed, must be complete including removal of all debris. Soil erosion must be prevented, and replanting of native species is encouraged.

(c)

Vegetation removal and select or open cutting, if allowed, must provide for removal of debris. Replanting of native species is encouraged.

(d)

Natural areas designated by conditions on conditional use permits for screening or woodland preservation purposes shall be left natural except for removal of diseased trees. Replanting or thickening with native species is encouraged.

(e)

Any area disturbed during any grading operation shall have the native topsoil replaced and be seeded with perennial grasses.

(f)

Vegetation alterations necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities are exempt from the above standards except those provided in subsection (e) of this section. All debris shall be removed.

(g)

Open cutting and clear cutting within the city shall require the issuance of a conditional use permit by the planning and zoning commission. In all districts, clear cutting is prohibited in the shore or bluff impact zone and on steep slopes.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

The city operates its short-term rental licensing through the county. All licensing, permitting, complaints, and enforcement will be in the jurisdiction of the county pursuant to chapter 8, article I, section 8-1.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

Because of the sensitive environmental features of the city, including lakes, wetlands, highwater tables, auto salvage yards are only allowed within the city by conditional use permit in the OSR district.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

Generally. Campgrounds are recreational in nature, but the use is generally not compatible with shoreland development of the city due to the density at peak usage. Campgrounds shall be limited to CW and UR districts. Certain allowances are made for campsites as a part of resorts in the CW district, which sites shall have similar or lower standards than provided below. Campsites may be allowed as an accessory use to an approved commercial planned unit development.

(b)

Procedure. The submission requirements for a campground shall be the same as planned unit development conditional use permit except as determined not applicable by the city planner. Evidence shall be provided prior to final approval that the license and approval process of State Health Department has been adhered to.

(c)

Basic standards. The following standards shall apply to all campgrounds in the city:

(d)

Other performance standards. In addition, the following performance standards shall apply to all campgrounds in the city:

(1)

Recreational facilities will be provided as determined by the conditional use permit.

(2)

Campsites for recreational vehicles shall have sewer connection, water connection, and electrical connection, or recreational vehicles shall be self-contained and a wastewater disposal station for each 100 such vehicles at least 50 feet from the nearest campsite shall be provided.

(3)

A water system capable of providing 100 gallons per site per day at a rate of 1,000 gallons per day at 20 psi residual pressure at the most remote fixture and on-site sewage collection and disposal system sized for 100 gallons per campsite per day is required.

(4)

Drinking water and restroom facilities with showers shall be provided, all within 400 feet of every site not served with full facilities.

(5)

Solid waste facilities shall be provided consisting of one 30-gallon can for each four campsites or one dumpster for each 20 sites, constructed to prevent overturning or cover removal by animals and screened.

(6)

There shall be a fire pit for each campsite.

(7)

The exterior setback area shall be screened to obstruct 50 percent vision from the boundary line, assuming leaf-off conditions.

(8)

Grass or other complete ground cover shall be maintained except in parking areas and roads.

(9)

Recreation vehicles shall be moved off site, moved into a designated storage area or is unoccupied for at least four consecutive months of every year.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

Generally. Each home occupation established or substantially changed after the effective date of the ordinance from which this division is derived shall be allowed as a use with no permit required provided the standards of the ordinance are met.

(b)

Minimum requirements. Each home occupation shall be subject to at least the following minimum conditions:

(1)

All business activities shall be clearly incidental to the use of the property for residential purposes.

(2)

The business owner must be a resident of the dwelling. Additional family member employees are allowed.

(3)

Onsite retail sales are strictly prohibited.

(4)

All activities will be controlled to prevent nuisance problems of noise, vibration, smoke, dust, fumes, or litter.

(5)

Parking adequate for all activities related to the home occupation shall be provided on-site.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

Generally. Each home business established or substantially changed after the effective date of the ordinance from which this division is derived shall be considered an interim use. Due to the normal difference in operation, no interim use permit shall be transferable to a new owner or renter, thus the permit will not run with the property, nor be transferable to a different property. An interim use permit will need to be obtained by subsequent new owners of the property.

(b)

Minimum requirements. Each home business shall be subject to at least the following minimum conditions:

(1)

All business activities shall be clearly incidental to the use of the property for residential purposes.

(2)

Business activities may occur in the dwelling or associated accessory structures.

(3)

The business owner must be a resident of the dwelling. Additional family members and non-family members may be allowed as employees. Numbers of employees will be limited by the interim use permit to be compatible with residential use.

(4)

Hours of operation shall be limited by the interim use permit to be compatible with residential use.

(5)

Retail sales will be allowed and shall be limited in size and scope to be compatible with residential use.

(6)

All activities will be controlled to prevent nuisance problems of noise, vibration, smoke, dust, fumes, or litter.

(7)

Parking adequate for all activities related to the home occupation shall be provided on-site including parking for a non-family member employees.

(8)

Screening may be required to protect adjacent residential property from the impacts of the home business and shall be determined as part of the interim use permit.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

No landfills are allowed in the city due to the close proximity to the lakes and streams. The county has the responsibility for solid waste disposal. Disposal of trees, stumps, rock, brush, and other natural products by burning or burying is allowed on construction sites as determined by the land use permit and a DNR burning permit, if applicable.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

Excavation and extractive activities permitted. Mining, either metallic mineral or other extractive use, shall be allowed within the city by conditional use permit as indicated in this section. All excavation and extraction shall conform to the following:

(1)

Distance from property lines. No quarrying operation shall be carried on or any stockpile placed closer than 50 feet from any property line unless a greater distance is specified by the conditional use permit where such is deemed necessary for the protection of adjacent property.

(2)

Distance from public right-of-way. If the site of the mining or quarrying operation is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than 50 feet to the nearest line of such right-of-way.

(3)

Equipment. Equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise, and vibration. Power drives or power producing machinery not including vehicles shall not be housed or operated less than 1,000 feet from any residence. A new residence shall take precedence over any existing extractive use operation. No machinery shall be placed or operated within 200 feet of a lake.

(4)

Processing. Crushing, washing and refining or bituminous production or other similar processing may be authorized by the conditional use permit as an accessory use; provided, however, that such accessory processing shall not be in conflict with the use of regulations of the district in which the operation is located. Processing shall only be permitted in the OSR district.

(5)

Rehabilitation. To guarantee the restoration, rehabilitation, and reclamation of mined-out areas, every applicant granted an extraction/mining permit shall furnish a performance bond running to the city in an amount of not less than $1,000,000.00 and not more than $10,000,000.00 as a guarantee that such applicant, in restoring, reclaiming, and rehabilitating such land and haul road shall, within a reasonable time and to the satisfaction of the city meet the following minimum requirements:

a.

Surface rehabilitation. Excavation shall be made either to a water-producing depth, with a water depth of not less than five feet or the surface of such area which is not permanently submerged shall be graded or backfilled to contour and shape the peaks and depressions thereof, so as to produce a gently drained surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area. Four inches of black topsoil shall be placed on all areas, except beaches, that will remain above water level. Haul roads will be restored to their condition prior to the beginning of the extraction operation.

b.

Vegetation restoration. Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of the mining area where such area is not to be submerged underwater as hereinabove provided.

c.

Banks of excavations not backfilled. The banks of all excavations not backfilled shall be sloped not steeper than three feet horizontal to one foot vertical and the bank shall be seeded.

d.

Haul roads. Haul roads shall be periodically restored to grade, cross-section and surface present at the beginning of operation. Upon completion of operations, or upon order of the city council, an evaluation shall be made based on the normal anticipate life of the roadway, the early diminution of that life by summation of equivalent nine-ton axle loads and the anticipated cost of upgrading to a newly overlaid roadway. The operator shall pay the city or forfeit his or her bond in the determined amount.

(b)

Permit may impose additional requirements. In addition to the foregoing, the conditional use permit may impose such other conditions, requirements, or limitations concerning the nature, extent of the use and operation of such extraction/mining sites as the city may deem necessary for the protection of adjacent properties and the public interest. The city prior to issuance of the permit shall determine the conditions and the amount of the performance bond.

(c)

Application content. An application for such operation shall set forth the following information, in addition to those outlined in the submittal requirements for a conditional use permit:

(1)

Name of the owner or owners of land from which removal is to be made;

(2)

Name of the applicant making request for such a permit;

(3)

Name of the person or corporation conducting the actual removal operation;

(4)

Location, description and size of the area from which the removal is to be made;

(5)

Location of processing plant use;

(6)

Type and amount of resources or materials to be removed;

(7)

Proposed method of removal and whether or not blasting or other use of explosives will be required;

(8)

Description of equipment to be used;

(9)

Method of rehabilitation and reclamation of the borrow area;

(10)

Identification of haul roads;

(11)

Type of hauling equipment;

(12)

Haul road restoration plan;

(13)

Time frame for material removal and completion of rehabilitation plan;

(14)

Traffic control plan; and

(15)

Site survey completed by a licensed surveyor.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)