(a)

Screening in residential districts.

(1)

Screening shall be required in residential districts where:

a.

Any off-street parking area contains more than four parking spaces and is within 30 feet of an adjoining residential district; and

b.

Where the driveway to a parking area of more than four parking spaces is within 15 feet of an adjoining residential district.

(2)

In residential districts, all materials and equipment shall be stored within a building or fully screened (so as to not be visible) from adjoining properties except for laundry drying and recreational equipment, construction and landscaping materials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises, off-street parking of passenger automobiles and pickup trucks. The use of any residential lot whether inside or outside a building, and the use of any open portion of the half of any lot that joins any street for the storage, keeping or abandonment of junk or scrap materials, and the dismantling, demolition or abandonment of automobiles or other vehicles is prohibited unless otherwise permitted by this article. No motor vehicle shall be parked in a residential district if it is in an inoperative state or it is not properly licensed by the state. No construction material or other debris shall be buried for any reason, including but without limitation, on a construction site.

(b)

Screening in nonresidential districts.

(1)

Any business, institutional or industrial use (e.g., structure, parking or storage) shall provide screening for the use. The screening shall consist of coniferous screening, decorative fencing, a berm, or combination thereof. Coniferous screening shall include a minimum of two rows of trees not less than six feet tall above ground, staggered as appropriate to the tree species. Screening shall also be provided where a business, institutional or industrial use is across the street from a residential zone, but not on that side of a business, institutional or industrial use considered to be the front (as determined by the building inspector).

(2)

All exterior storage shall be screened. The exceptions are:

a.

Retail merchandise being displayed as permitted by this article.

b.

Materials and equipment being used for construction on the premises.

(c)

Refuse screening. In all nonresidential zoning districts, all waste material, debris, refuse or garbage shall be kept in an enclosed building or enclosed within a container. Said container shall be completely screened by a wall or an equivalent visual screen. Said screen or enclosed building shall be architecturally compatible with the principal building it serves. No construction material or other debris shall be buried for any reason, including without limitation, on a construction site.

(d)

Type of screening.

(1)

The screening required in this section shall consist of an attractive solid fence or wall or landscaping or earth berm but shall not extend within 30 feet or any public street where said screening in excess of three feet in height is needed.

(2)

Where landscaping, such as a hedge, is used, the landscape feature shall provide a yearround solid screen before the requirements of this section are met.

(3)

Natural features, such as differences in elevation, tree masses or similar natural features, may negate the need for manmade screening in certain areas. This determination shall be made by the zoning administrator.

(4)

Maintenance. It shall be the responsibility of the property owner to maintain all screening so as not to be unsightly, a nuisance or create a hazard or safety problem.

(Prior Code, ch. 1318, subd. 1; Ord. No. 04-03)

Trash containers kept outside a building shall be screened by an enclosure constructed on three sides with wood, break-off block, face brick, or masonry. A durable gate shall be provided where the open side of the enclosure is visible from a public street or a residential district. All gates shall provide 100 percent opaqueness and shall be constructed in conformance with standards on file in the office of planning. Such enclosures must be of sufficient size to accommodate the containers and any mechanical means of servicing the containers. They shall be located in the side or rear yard of the property in such a manner as to provide easy access thereto, and shall conform to the setback requirements for parking and driving areas. Enclosures shall be maintained in conformance with the requirements of this section.

(Prior Code, ch. 1318, subd. 2)

Landscaping shall be provided according to standards on file in the office of planning. All sites shall be constructed with a minimum 25 percent landscaped or green space. Landscaping investments should generally reflect at least two percent of the total project construction costs. Landscaped islands shall be provided within paved areas to break up the appearance of large areas of asphalt. Landscaped areas shall be irrigated with an underground sprinkler system; islands are optional. All structures requiring landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

(Prior Code, ch. 1318, subd. 3; Ord. No. 04-03)

No more than 40 percent of a lot shall be covered by buildings.

(Prior Code, ch. 1318, subd. 3; Ord. No. 04-02)

All mechanical equipment such as heating and air conditioning units and electrical transformers, shall be screened or camouflaged on all sides so as not to be visible from public streets or other properties. Such screening shall be compatible with the building. Evergreen plant materials may be used to screen such equipment located on the ground.

(Prior Code, ch. 1318, subd. 5)

(1)

All driveways associated with new construction of a primary use must be paved in accordance with the city's public works design manual. Exemptions from complete driveway paving may be granted by city staff for lots over 2½ acres, provided that, at a minimum, the apron of such driveways adjoining the road right-of-way must be paved. If weather prohibits driveway paving, the responsible party may enter a site completion agreement with the city to ensure paving when weather permits.

(2)

Secondary driveways may be allowed by permit. The public works director may grant such permit upon that traffic on the adjoining road will not be negatively impacted. At a minimum, a paved or concrete apron between the road and property line is required.

(3)

All driveways are subject to the dimensional standards in section 109-214 of this Code.

(Prior Code, ch. 1318, subd. 6; Ord. No. 04-03; Ord. No. 12-03, § 6, 4-30-2012; Ord. No. 15-02, § 6, 3-9-2015)

A sign plan shall be submitted with the site plan for new developments or when existing developments are being enlarged or extensively remodeled.

(Prior Code, ch. 1318, subd. 7)

Any lighting used to illuminate an off-street parking area, sign, or other structure shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. In all zoning districts, light from artificial sources shall not exceed 1.0 foot-candle as generated from adjacent properties. In all cases, a light reading of zero foot-candles is required adjacent to any structure for light generated artificially from adjacent properties. Such reading shall be measured from one foot off the ground. All public street lighting is exempt from this provision. See also section 109-196 (d)(5).

(Prior Code, ch. 1318, subd. 8; Ord. No. 04-03)

(a)

Scope. This section applies to communications towers and antennas.

(1)

Conditional use permit required. It will be unlawful to erect or replace any tower without first making application to the city and securing a conditional use permit therefor except as hereinafter provided. The applicant will provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons. The conditional use permit will expire in the event that the applicant does not install the tower approved by such permit within one year of approval by the city council. In the event the tower is no longer used for transmission of telecommunications signals, the applicant will remove such tower and related facilities within 12 months of non-use or obtain approval of an amendment of the conditional use permit by the city council to allow other legal uses of such facilities.

(2)

Collocation requirements. All commercial wireless telecommunication towers erected, constructed, or located within the city will comply with the following requirements:

a.

A proposal for a new commercial wireless telecommunication service tower will not be approved unless it can be documented by the applicant that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one half-mile search radius of the proposed tower.

b.

Any proposed commercial wireless telecommunication service tower will be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user.

(b)

Design requirements. Proposed or modified towers and antennas will meet the following design requirements:

(1)

Towers and antennas will be designed to blend into the surrounding environment to the maximum extent possible through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

(2)

Towers will be of a monopole design unless determined that an alternative design would better blend into the surrounding environment.

(3)

Towers will be designed to accommodate civil defense sirens or lights, as approved by the city council.

(c)

Tower setbacks. Towers will conform to each of the following minimum setback requirements:

(1)

Towers will meet the setbacks of the underlying zoning district, with the exception of industrial zoning districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements, and the distance to the nearest structure is equal to the height of the tower.

(2)

Towers will be set back from any property line a minimum distance equal to one-half of the height of the tower, including all antennas and attachments, provided that a professional engineer certifies that the tower is designed with its weakest stress point at the midpoint of the tower such that it will fold on itself in the event of collapse. If the tower is not designed to fold on itself in the event of a collapse, it will be set back from any property line a minimum distance equal to the height of the tower.

(3)

Towers will not be located between a principal structure and a public street, with the following exceptions:

a.

In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street.

b.

On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.

c.

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

(d)

Total height. Proposed structures will not exceed 175 feet in height as measured from the ground level immediately adjacent to the structure.

(e)

Tower lighting. Tower will not be illuminated by artificial means and will not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. Notwithstanding this provision, the city council may, in its sole discretion, approve the placement of an antenna on existing or proposed lighting, provided that the antenna is integrated with such lighting in a manner which substantially camouflages the antenna array and related facilities.

(f)

Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. A telephone number for emergency 24-hour contact will be placed on the base of the tower or on equipment adjacent to the tower.

(g)

Accessory utility buildings. All utility buildings and structures accessory to a tower will be architecturally designed to blend in with the surrounding environment and will meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment will be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. Accessory buildings will not be more than 2,000 square feet in size.

(h)

Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers will be removed as follows:

(1)

All abandoned or unused towers and associated facilities will be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city council. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the cost of removal assessed against the property.

(2)

Unused portions of towers above a manufactured connection will be removed within six months of the time of antenna relocation.

(i)

Antennas mounted on roofs, walls, and existing towers. The placement of wireless telecommunication antennas on roofs, walls, and existing towers will be approved by issuance of a conditional use permit in the same manner as approval of new towers.

(j)

Additional submittal requirements. In addition to the information required elsewhere in this Code, development applications for towers and antennas shall include the following supplemental information:

(1)

A report from an independent professional engineer that:

a.

Describes the tower and antenna height and design, including a cross section and elevation;

b.

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

c.

Describes the tower's capacity, including the number and type of antennas that it can accommodate; and

d.

Includes an engineer's stamp and registration number.

(2)

Before the issuance of a building permit, the applicant will submit a written statement that the proposed tower and antenna comply with regulations administered by Federal Aviation Administration and 1996 Telecommunications Act 704 for EMF, NIER, and other standards, verified by an independent engineer with the applicant bearing the cost.

(k)

Construction requirements. All antennas and towers erected, constructed, or located within the city, and all wiring therefore, will comply with the following requirements:

(1)

All applicable provisions of this Code.

(2)

Towers will be constructed with corrosion resistant metal or covering.

(3)

Towers will be certified by a an independent professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association.

(4)

No part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either will at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.

(5)

Towers and associated antennas will be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.

(6)

All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, will be at least 6½ feet above the ground at all points, unless buried underground.

(7)

Every tower affixed to the ground will be protected to discourage climbing of the tower by unauthorized persons by erection of a security fence at least six feet in height.

(l)

Lights and other attachments. No antenna or tower adjacent to any residential zoning district will have affixed or attached to it in any way except during time of repair or installation any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor will any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest or like structure, except during periods of construction or repair. This provision will not prohibit the attachment of an antenna mounting framework to any tower.

(m)

Violations. Any person who will violate any of the provisions of this section will be guilty of a misdemeanor.

(Prior Code, ch. 1318, subd. 11; Ord. No. 97-03; Ord. No. 01-06)

The following provisions apply to zero-lot line residential units in a master-planned golf course community:

(1)

There shall be no more than two residential units per single structure.

(2)

Zero-lot-line residential units must be built side-by-side, front-to-back, or front-to-side, rather than one over another.

(3)

Common walls must provide sound transmission protection and fire protection as required for new construction in the state building code.

(4)

All covenants, conditions, and restrictions shall be reviewed by the city attorney and must be recorded at the developer's expense. The city may require covenants, conditions, and restrictions to preserve community standards and contribute to the goals, policies, and objectives of the city's comprehensive plan. The city shall be a beneficiary of the declarations, covenants, and restrictions.

(5)

Two parking spaces shall be provided for each unit, one of which shall be in a garage attached to the dwelling unit.

(6)

Sidewalks and/or trails shall be provided to connect at least one entrance to each unit to a sidewalk/trail network leading to the golf course and to any larger trail network which contacts any part of the master-planned golf course community.

(7)

Party and corridor partitions shall be of a type rated by a laboratory regularly engaged in sound testing as capable of accomplishing an average sound transmission loss (using a nine-frequency test) of not less than 50 decibels. Door systems between corridors and dwelling units shall be of solid core construction and include gaskets and closure plates. Room relationships, hallway designs, door and window placements and plumbing and ventilation installations shall be such that they assist in the control of sound transmission from unit to unit.

(8)

Heating and air conditioning units shall be so placed to minimize sound impact to the living and sleeping areas of residential units. Such units shall not be placed in the front of the structure or on the same side of the structure as the front door.

(Prior Code, ch. 1318, subd. 12; Ord. No. 01-09)

(a)

Capacity calculation. Wastewater systems that discharge to the same geographic area, body of water, wetland, or watershed may be considered a single system for the purposes of calculating system capacity and flow unless the proposer shows that system discharge points are spaced to allow complete wastewater treatment before wastewater from each discharge point migrates to the next discharge point.

(b)

Permits. All systems shall conform to the regulations of the Minnesota Pollution Control Agency (MPCA) and shall obtain the necessary permits from the MPCA prior to the issuance of certificates of occupancy for any structure that discharges to the system. Systems which are below permitting thresholds shall, at the owner's expense, be reviewed by the MPCA or by an independent engineer, who shall certify that the system meets all applicable standards and is reasonably expected to treat wastewater it will receive.

(c)

Operation and monitoring. All collector wastewater treatment systems shall be operated in compliance with all permit conditions and regulations of state, federal, and local units of government with jurisdiction, and with all recommendations of operation made by the reviewers in subsection (b) of this section. System owners and operators shall participate in and cooperate with all required monitoring and compliance testing programs. System owners and operators shall submit any notice of deficiency or noncompliance with any permit condition or regulation to the city building official within ten days of receiving such notice.

(d)

Ownership. At the discretion of the city, collector wastewater treatment systems may be donated or sold to, or accepted by, the city under the terms of a development agreement executed by the city. Ownership, or responsibility for operation, may be transferred from the original proposer to another entity or person if such transfer is approved by the city. The city shall not unreasonably withhold approval, but the parties must show the ongoing ability of the future owner to operate and maintain the system.

(e)

Signage. Wetlands and other bodies of water that receive discharge from collector wastewater treatment systems shall be posted conspicuously, at the owner's expense, to prevent excavation, recreational use, or other activity when the activity would compromise the treatment purpose or pose a health danger.

(Prior Code, ch. 1318, subd. 13; Ord. No. 01-09)

(a)

Except in planned unit developments, there shall be no more than one principal building on any lot in all residence districts.

(b)

An access drive to every principal building shall be provided and constructed according to minimum standards of the city as set out in section 107-177.

(c)

No building permit shall be issued for any lot which is not buildable as defined in section 101-3.

(d)

All applicants for approval of a subdivision, plat or building permit must demonstrate compliance with the standards for a buildable lot by submitting a certificate of survey indicating a minimum 11,000 square foot area with a length-to-width area ratio that is not in excess of 4:1 (building pad). The data submitted with the certificate must include a minimum of four soil borings that demonstrate that the building pad contains at least two feet of vertical separation between redoximorphic features and the natural existing grade with one additional boring a deep boring in the house location to locate redoximorphic features, help determine the lowest floor elevation, and identify disturbed or fill soils. The deep boring shall be two feet below the anticipated lowest floor elevation to demonstrate separation to redoximorphic features. The determination of the elevation of the basement floor may be at a lower elevation if there is clear evidence indicating the presence of a confining layer of material or hardpan below which is a significant amount of unsaturated soil indicating a more accurate seasonal high water elevation. For determining individual sewage treatment system site suitability and design, applicants shall provide a minimum of four soil borings (two for the primary and two for the secondary system site locations). This data must be shown on the certificate of survey. In the alternative, the applicant may submit an evaluation of the level of groundwater showing equivalent groundwater separation based upon a thorough hydro-geologic investigation and analysis that is approved following the review and recommendation of the city engineer and building official. In addition, other methods of revealing the seasonal high groundwater elevation may be considered. All newly constructed dwelling units shall be located entirely within the 11,000 square foot building pad.

(e)

All newly constructed dwelling units or portions thereof shall maintain a two-foot vertical separation between the bottom of the basement or lowest floor and highest evidence of mottled soil. There shall also be a two foot vertical separation between the elevation established by the Federal Emergency Management Agency (FEMA) for Zone A (100-year flood frequency) and the flood insurance rate map (FIRM) or as determined in calculations approved by the city engineer showing the 100-year flood elevation using FIRM methodology and the lowest floor opening. If the building official shall first find that a special individual reason makes the strict letter of this subsection impractical, and modification is in conformance with the intent and purpose of this article, that such modification does not lessen any protection or any degrees of structural integrity, then the modification may be allowed at the building official's discretion. The details of any action granting modifications shall be recorded and entered into the building official's files.

(Prior Code, ch. 1308, subd. 5; Ord. No. 99-2; Ord. No. 08-08)

Before any house or other structure is moved onto a vacant lot, the building official shall report to the city council on structural deficiencies and whether it conforms to all current state building codes and city ordinances. The cost of the preliminary inspection will be paid at the time of the inspection. If the structure does not meet applicable regulations, the owner must provide to the building official complete and detailed plans showing the changes to be made to bring the structure into conformance with such regulations. If the city council determines that a structure would have a negative effect on surrounding property values or be incompatible with surrounding structures in the area into which it is to be moved, the council may deny issuance of a permit for such relocation. Structures to be relocated into any district within the city will be regulated by all regulations and ordinances applying to new construction. No building permit will be issued until the owner has agreed in writing that the entire building will be completed within a period of six months, the fees have been paid and a certified check or letter of credit guaranteeing completion of such changes (completion guarantee) has been received by the city. The completion guarantee will be equal to 125 percent of the cost of such changes as reviewed by the building official.

(Prior Code, ch. 1308, subd. 9; Ord. No. 04-03)

(a)

Permit required. Only fences greater than six feet in height shall require a building permit.

(b)

Location of fences.

(1)

Fences, when constructed to enclose any lot or tract of land, shall be located in such a way that the entire fence shall be completely inside the property boundary, but not on the property line. Posts and framework shall be placed within the property lines of the owner and the actual fencing material, such as lumber, pickets, etc., shall be placed on the side of the fence which faces the street or the adjacent property, with exception of agricultural wire fences.

(2)

Fences constructed for the purpose of containing non-domestic animals shall be set back a minimum of two feet from a side or rear lot line to prevent the non-domestic animals from destroying vegetation from neighboring property.

(3)

No fences shall be allowed or constructed on a street right-of-way. The city, or any utility company having authority to use easements, shall not be liable for repair or replacement of such fences in the event they are moved, damaged or destroyed by virtue of the lawful use of said easement.

(c)

Construction and maintenance.

(1)

Every fence shall be constructed in a workmanlike manner and of substantial material reasonably suited to the purpose for which the fence is to be used. Every fence shall be maintained in a condition of reasonable repair and appearance and shall not be allowed to become and remain in a condition which would constitute a public nuisance or a dangerous condition.

(2)

Link fences, wherever permitted, shall be constructed in such a manner that the barbed end is at the bottom of the fence.

(3)

All fences shall be constructed in conformity with the wind, stress, foundation, structural and other requirements of the Uniform Building Code.

(d)

Residential district fences.

(1)

In residential districts, no fence may exceed four feet in height above the ground level, in front of the front line of the residential structure, along any street or highway right-of-way, or in the front yard as defined by this section.

(2)

Fences along the side lines to the rear of the front line of the residential structure and along the rear line, including rear lines abutting street or highway right-of-way zones, may not exceed eight feet in height above the ground level.

(3)

The required front yard of a corner lot shall not contain any fence which may cause danger to traffic on a street or public road, by obscuring the view. On corner lots, no fence shall be permitted within the 30-foot intersection sight distance triangle.

(4)

Barbed wire and electrical fences are prohibited in residential districts except for instances when the fence is being used to confine livestock or protect crops.

(5)

The use of barbed wire in a residential district to protect crops must be setback a minimum of one foot within the property line and a minimum of two feet within the property line if used to confine livestock or non-domestic animals.

(e)

Commercial and industrial fences.

(1)

In business and industrial zones, fences may not exceed ten feet in height above the ground level.

(2)

The use of barbed wire is prohibited, except that the top one foot of any fence greater than six feet in height along side or rear lot lines in these zones may be constructed of barbed wire. Barbed wire shall not be used, installed or constructed on fences fronting on any street.

(Prior Code, ch. 1308, subd. 14; Ord. No. 09-04)

All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, ammonia chemicals, propane and similar liquids shall comply with state standards and require a conditional use permit to ensure that fire, explosion, or water or soil contamination hazards are not present that would be detrimental to the public health, safety, and general welfare. Liquid storage tanks having a capacity in excess of 1,000 gallons shall be prohibited in residential zoning districts. All liquid storage tanks having a capacity in excess of 1,000 gallons shall secure a conditional use permit.

(Prior Code, ch. 1308, subd. 16)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

All-terrain vehicle (ATV) means a motorized flotation-tired vehicle of not less than three low-pressure tires, but not more than six tires, that is limited in engine displacement of less than 1,000 cubic centimeters and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.

Class 1 all-terrain vehicle means an all-terrain vehicle that has a total dry weight of less than 1,000 pounds.

Class 2 all-terrain vehicle means an all-terrain vehicle that has a total dry weight of 1,000 to 1,800 pounds.

Dwelling unit means a residential building or portion thereof, including a manufactured home as defined by state statutes, intended for permanent occupancy by a family, but not including hotels, motels, boarding or roominghouses, tourist homes, trailers and structures housing livestock.

High density residential subdivision means a platted or metes and bounds subdivision with a majority of lots containing two acres or less in a single-family residential (SFR) zoned district, or 1½ acres in a planned unit development (PUD) zoned district.

Motorized dirt bike means a vehicle traveling on two wheels and capable of cross-country travel on natural terrain without benefit of a road or trail.

Off-highway motorcycle means a motorized, off-highway vehicle traveling on two wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control, including a vehicle that is registered under Minn. Stats. ch. 168 for highway use if it is also used for off-highway operation on trails or unimproved terrain.

Off-road vehicle means a motor-driven recreational vehicle capable of cross-country travel on natural terrain without benefit of a road or trail. The term "off-road vehicle" does not include a snowmobile; an all-terrain vehicle; a motorcycle; a watercraft; a farm vehicle being used for farming; a vehicle used for military, fire, emergency, or law enforcement purposes; a construction or logging vehicle used in the performance of its common function; a motor vehicle owned by or operated under contract with a utility, whether publicly or privately owned, when used for work on utilities; a commercial vehicle being used for its intended purpose; snow-grooming equipment when used for its intended purpose; or an aircraft.

Residential property means real property zoned or used for residential purposes, including parcels of real property.

Track means a course constructed for the operation of off highway vehicles (OHVs) in a repetitive, continuous manner, including the physical alteration of natural landscaping or land contours by grading or repetitive use thereby creating jumps and banked corners in a clearly identifiable area. Physical alterations involving grading of less than ten cubic yards of on-site material shall not constitute construction of a track, provided that no jumps or artificial contours exceed two feet in height.

(b)

Use of off-highway vehicles. OHVs may be used on private residential property within the city, subject to the following conditions:

(1)

Construction or use of tracks in high density residential subdivisions is prohibited.

(2)

No permitted track may be closer than 25 feet from any lot boundary line, nor closer than 100 feet from any dwelling unit except the owner's.

(Prior Code, ch. 1308, subd. 20; Ord. No. 08-11)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Principal entrance means that entrance of a building designed for use by customers, visitors and tenants; the term "principal entrance" does not include loading doors, service entrances, doors to storage areas, or similar entrances.

Shopping center means, for purposes of sign regulations, five or more adjacent commercial uses.

Sign means any written announcement, declaration, demonstration, display, illustration, insignia, or illumination used to advertise or promote the interest of any person when the same is displayed or placed outside in view of the general public and shall include every detached sign.

Sign, advertising orbillboard, means a sign that directs attention to a business, profession, commodity, service or entertainment not sold or offered upon the premises where such sign is located or to which it is attached.

Sign, area, means the area within the frame shall be used to calculate the square footage except that the width of a frame exceeding 12 inches shall constitute advertising space, or should such letters or graphics be mounted directly on a wall of fascia or in such a way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six inches beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof, and each surface utilized to display a message or to attract attention shall be measured as a separate sign. Double-faced signs may be permitted with the maximum square footage on each side. Multi-faced signs shall not exceed two times the area of single-faced signs.

Sign, business, means a sign that directs attention to a business or profession or to the commodity, service, or entertainment sold or offered upon the premises where such sign is located or to which it is attached.

Sign, flashing, means an illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color.

Sign, ground, means a sign that is supported by one or more uprights, poles or braces in or upon the ground.

Sign, identification, or name plate in business or industrial district means a sign that states the name or address or both of the business, industry, or occupant of the lot or may be a directory listing the names, addressed, and business of occupants.

Sign, illuminated, means any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or tubes as part of the sign proper.

Sign, pedestal (pylon), means a ground sign erected on not more than three shafts or posts solidly affixed to the ground.

Sign, real estate, means a sign offering property (land and/or buildings) for sale, lease, or rent.

Sign, revolving, means a sign that has moving parts (structural); the term "revolving sign" does not include flashing signs which blink on and off, but may include signs which produce moving effect through use of illumination. Signs which revolve or turn on an axis point such as a pedestal, string, or post shall not be considered revolving if less than two complete revolutions per minute.

Sign, temporary, means any sign not exceeding 64 square feet, placed in such a manner as not to be solidly affixed to any building, structure, or land and advertising an event such as a bazaar, special sale, sporting event, or similar situation. In no event, however, shall such signs be placed on any lot or parcel of land for a period to exceed 30 days out of any 12-month period.

Sign, wall, means a sign attached to or erected against the wall of a building with the exposed face of the sign in a plane parallel to the plane of said wall.

(b)

Compliance. No signs shall hereafter be erected, re-erected, constructed, altered, or maintained except as provided by this Code.

(c)

Signs as accessory use. Signs are a permitted accessory use in all districts subject to the following regulations:

(1)

On right-of-way. Private signs are prohibited within the public right-of-way or easements except that the council may grant a conditional use permit to locate signs and decorations on or within the right-of-way under their jurisdiction for a specified time not to exceed 90 days. No conditional use permit for such a sign shall be issued by the council if a conditional use permit or temporary sign permit had been issued in the previous 24 months to that property.

(2)

Flashing. Illuminated flashing signs shall not be permitted in any district.

(3)

Beams. Illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays of light shall not be permitted in any district.

(4)

Temporary real estate. For purposes of selling, renting or leasing property, a sign not in excess of six square feet per surface may be placed within the front yard of such property to be sold or leased. Such signs shall not be less than 15 feet from the right-of-way line unless flat against the structure. For the purpose of selling or promoting a residential project of six or more dwelling units, one sign not to exceed 32 square feet; a commercial area of three acres or more, or an industrial area of ten acres or more, one sign not to exceed 48 feet of advertising surface may be erected upon the project site. Such sign shall not remain after 90 percent of the project is developed.

(5)

Existing signs. Signs existing on the date of adoption of the ordinance from which this section is derived, which do not conform to the regulations, are a nonconforming use.

(6)

Traffic interference. No sign may be erected that, by reason of position, shape or color, would interfere in any way with the proper functioning or purpose of a traffic sign or signal.

(7)

Building wall signs. Signs shall not be painted directly on the outside wall of a building. Signs shall not be painted on a fence, rocks or similar structure or feature in any district. Signs shall be considered as a structure or fastened to another structure.

(8)

Election signs.

a.

All noncommercial signs of any size may be posted in any number from 46 days before the state primary in a state general election year until ten days following the state general election.

b.

Except as provided in subsection (c)(8)a.:

1.

Election signs are permitted on private property in any district, provided that such signs are removed within 30 days following the election as related to the signs.

2.

No election sign shall be permitted in any residential district sooner than two months preceding the election relating to the sign.

(Prior Code, ch. 1322)

Signs shall be permitted by zoning district in accordance with the following minimum standards:

(Prior Code ch. 1322)

The owner of any sign that is otherwise allowed by this article may substitute noncommercial speech in lieu of any other noncommercial speech. This substitution of copy may be made without any additional approval or permitting.

(Prior Code, ch. 1322)

State Law reference— Noncommercial signs, Minn. Stats. § 211B.045.