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Otsego City Zoning Code

CHAPTER 16

GENERAL PERFORMANCE REQUIREMENTS

11-16-1: PURPOSE AND INTENT:

The purpose of this chapter is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent blight, deterioration, and decay; and to enhance the health, safety and general welfare of the residents of the City. (Prior Code § 20-16-1)

11-16-2: DWELLING UNIT RESTRICTION:

   A.   No garage, tent, accessory building, travel trailer or motor home shall at any time be used as living quarters, temporarily or permanently, except as allowed by subsection E of this section. (Prior Code § 20-16-2)
   B.   Basements and cellars may not be used as temporary living quarters or rooms pending the completion of construction and issuance of a certificate of occupancy of the principal residential dwelling. Energy conserving designs in housing are not prohibited by this subsection; provided, that a conditional use permit is approved by the City Council and the structure complies with standards imposed by the State and the Minnesota State Building Code. (Prior Code § 20-16-2; amd. 2018 Code)
   C.   As regulated by this title, tents, play houses, travel trailers or motor homes or similar structures may be used only for play or recreational purposes, except as allowed by subsection E of this section.
   D.   No accessory building or structure other than a fence or temporary construction office may be constructed prior to the time of construction of the principal building or structure.
   E.   Temporary establishment of dwelling units is allowed by administrative permit on residential lots during reconstruction of the principal structure damaged by fire or natural disaster; provided, that:
      1.   The temporary dwelling unit is not established prior to building permit approval for the reconstruction of the principal structure.
      2.   Occupancy of the temporary dwelling unit is limited to the residents of the prior or future principal structure.
      3.   The applicant must demonstrate intent to proceed with reconstruction of the principal structure, including construction contracts, proof of financial or other evidence of intended project completion.
      4.   The temporary dwelling unit meets all setback requirements within the zoning district for which the property is located.
      5.   The temporary dwelling unit shall not exceed one story or fifteen feet (15') in height, whichever is the least.
      6.   The temporary dwelling housing unit is connected to a private water and sewer system approved by the City and State Department of Health.
      7.   Security is provided to ensure removal of the temporary dwelling unit upon completion of the reconstruction project. The security shall be in the amount equal to Zoning Administrator's estimated costs for removal of the temporary dwelling unit.
      8.   The applicant submits a permit application and a site plan (to scale) showing the location of lot lines, the proposed location of the temporary dwelling unit, the principal structure and other prominent site features.
      9.   All temporary dwelling units shall be subject to inspection by the Zoning Administrator and/or building official.
      10.   a. The temporary dwelling unit permit shall expire ninety (90) days from the date of permit issuance or within three (3) weeks after the date of certificate of occupancy permit being issued for the principal residential dwelling, whichever first occurs, unless a petition for an extension of time has been granted by the Zoning Administrator; and provided, that:
            (1)   The extension is requested in writing and is filed with the City at least thirty (30) days prior to the expiration of the initial permit.
            (2)   The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the permit that has been granted.
            (3)   A maximum of one extension shall be granted.
            (4)   The extension shall not exceed sixty (60) days from the initial permit expiration date.
         b.   There shall be no charge for the filing of a petition for the extension described in subsection E10a of this section.
   F.   The City opts out of the requirements of Minnesota Statutes section 462.3593, which defines and regulates temporary family healthcare dwellings, pursuant to authority granted by Minnesota Statutes section 462.3593, subdivision 9. (Prior Code § 20-16-2)

11-16-3: PLATTED AND UNPLATTED PROPERTY:

   A.   Any person desiring to improve property shall submit to the Zoning Administrator a Certificate of Survey of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance with the provisions of this Code.
   B.   All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the Comprehensive Plan and to the system and standards employed by the City. Furthermore, all buildings shall be placed so that they will not obstruct future utility routes or the potential resubdivision of the property.
   C.   Except in the case of planned unit developments or planned unit development conditional use permits as provided in chapter 36 of this title, not more than one principal building shall be located on a lot; provided, that:
      1.   Lot Requirements: The lot shall conform to the applicable minimum lot area, lot width, and setback requirements of the zoning district in which it is located.
      2.   Setbacks: Setbacks between multiple principal buildings within the same base lot shall be a minimum of ten feet (10').
      3.   Common Areas: All common areas including, but not limited to, open space, wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the following ways:
         a.   All of the property including buildings and common areas shall be owned by a single entity.
         b.   Condominium ownership pursuant to Minnesota Statutes section 515A.1-106.
         c.   The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements:
            (1)   The tenant space related to each unit lot shall have an exclusive exterior entrance.
            (2)   A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas.
      4.   Utilities:
         a.   Underground Or Exterior Service: All utilities including telephone, electricity, gas, and telecable shall be installed underground. Exterior utility meters and fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right- of-way.
         b.   Public Utility Service: Separate public utility services shall be provided to each unit unless exempted by the City Engineer.
            (1)   Water connection: A shutoff valve for each individual unit shall be provided.
            (2)   Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners.
   D.   On a through lot or a corner lot, both lot lines abutting a public right-of-way shall be defined as front yards for applying the regulations of this title.
   E.   When a development is proposed which is to be located on two (2) or more lots, and such lots are required to meet the minimum district area, frontage and density requirements and/or are required to accommodate the use, the lots shall be combined in accordance with the subdivision ordinance, prior to the issuing of a building permit.
   F.   In the case of properties that abut street easements, applicable setbacks shall be measured from the easement line and shall be related to roadway classification as identified in the Comprehensive Plan.
   G.   Outlots are deemed unbuildable unless replatted as a lot and block in accordance with the subdivision ordinance, and no building permit shall be issued for such properties, except in the case of public park facilities and essential services. (Prior Code § 20-16-3)

11-16-4: TRAFFIC VISIBILITY:

   A.   Visibility Requirements: Visibility from any street or driveway shall be unobstructed above a height of two feet (2') and eight feet (8') measured from where both street or driveway centerlines intersect within the triangle described as beginning at the intersection of the projected curb line (or edge of shoulders for rural sections) of two (2) intersecting streets or drives, then forty five feet (45') along one curb line, then diagonally to a point forty five feet (45') from the point of beginning along the other curb line.
   B.   Exceptions:
      1.   Plantings as allowed by chapter 19 of this title and section 5-2-3 of this Code.
      2.   Fences as allowed by chapter 19 of this title.
      3.   Building setbacks as allowed within a PUD Planned Unit Development District, by PUD-CUP or as otherwise provided by this title. (Prior Code § 20-16-4)

11-16-5: DRAINAGE PLANS AND SOIL EROSION AND SEDIMENT CONTROL:

   A.   Soil Erosion And Sediment Control Required: No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of minerals on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area, or other public facilities in compliance with title 8, chapter 4 of this Code, subject to the review and approval of the City Engineer.
   B.   Permit Required To Disturb Land: No person shall initiate any land disturbing activity without first obtaining a permit from the City as may be required by title 9, chapters 6 and 7 of this Code, subject to review and approval of the City Engineer.
   C.   Drainage Plans: In the case of all residential subdivisions, multiple-family, business and industrial developments, the drainage plans with appropriate spot site elevations shall be submitted to the City Engineer for review, and the final drainage plan shall be subject to written approval. In the case of such uses, no modifications in grade and drainage flow through fill, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the City Engineer.
   D.   Standards: The following standards shall apply to all development and activity that necessitates the grading, stripping, cutting, filling, or exposure of soils:
      1.   General Standards:
         a.   The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion.
         b.   Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development when necessary to control erosion.
         c.   Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time.
         d.   The drainage system shall be constructed and operational as quickly as possible during construction.
         e.   Whenever possible, natural vegetation shall be retained and protected.
         f.   Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The soil shall be restored to a depth of four inches (4") and shall be of a quality at least equal to the soil quality prior to development.
         g.   When soil is exposed, the exposure shall be for the shortest feasible period of time. No exposure shall be planned to exceed sixty (60) days. Said time period shall be extended only if the Zoning Administrator is satisfied that adequate measures have been established and will remain in place.
         h.   The natural drainage system shall be used as far as is feasible for the storage and flow of runoff. Stormwater drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for stormwater shall provide for natural or artificial water level control. Temporary storage areas or retention basins scattered throughout developed areas shall be encouraged to reduce peak flows, erosion damage, and construction costs.
      2.   Exposed Slopes: The following control measures shall be taken to control erosion during any activity where soils are exposed:
         a.   Grading and erosion control plans for exposed slopes shall comply with section 9-6-5 of this Code and are subject to review and approval of the City Engineer.
         b.   At the foot of each exposed slope, a channel and berm should be constructed to control runoff. The channelized water should be diverted to a sedimentation basin (debris basin, silt basin or silt trap) before being allowed to enter the natural drainage system.
         c.   Along the top of each exposed slope, a berm should be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures should consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flow apron, a gravel energy dissipator should be installed to prevent erosion at the discharge end.
         d.   Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils material, and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jute netting, sod blankets, fast growing grasses or temporary seedings of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material to be anchored by means as approved by the City Engineer.
         e.   Alternate control measures, other than those specifically stated above or provided in title 9, chapter 6 of this Code, may be used in place of the above measures if it can be demonstrated that they will as effectively protect exposed slopes, subject to review and approval of the City Engineer.
      3.   Design Standards:
         a.   Waterways:
            (1)   The use of the natural aboveground drainage system to dispose of runoff is strongly encouraged. Storm sewers are only to be used where it can be demonstrated that the use of the aboveground natural drainage system will not adequately dispose of runoff. Aboveground runoff disposal waterways may be constructed to augment the natural drainage system. To the extent possible, the natural and constructed waterways shall be coordinated with an open space trail system.
            (2)   The widths of a constructed waterway shall be sufficiently large to adequately channel runoff from a 10-year storm. Adequacy shall be determined by the expected runoff when full development of the drainage area is reached.
            (3)   No fences or structures shall be constructed across the waterway that will reduce or restrict the flow of water.
            (4)   The banks of the waterway shall be protected with a permanent turf vegetation.
            (5)   The banks of the waterway shall not exceed five feet (5') horizontal to one foot (1') vertical in gradient.
            (6)   The gradient of the waterway bed shall not exceed a grade that will result in a velocity that will cause erosion of the banks of the waterway.
            (7)   The bed of the waterway shall be protected with turf, sod, or concrete. If turf or sod will not function properly, rip rap may be used. Rip rap shall consist of quarried limestone, fieldstone (if random rip rap is used) or construction materials, provided said construction materials are limited to asphalt cement and concrete. The rip rap shall be no smaller than two inches (2") square nor no larger than two feet (2') square. Construction materials shall be used only in those areas where the waterway is not used as part of a recreation trail system.
            (8)   If the flow velocity in the waterway is such that erosion of the turf sidewall will occur and said velocity cannot be decreased via velocity control structures, then other materials may replace turf on the sidewalls. Either gravel or rip rap may be allowed to prevent erosion at these points.
         b.   Water Velocity:
            (1)   The flow velocity of runoff in waterways shall be controlled to a velocity that will minimize erosion of the waterway.
            (2)   Flow velocity shall be controlled through the installation of diversions, berms, slope drains, and other similarly effective velocity control structures.
         c.   Sediment Control:
            (1)   To prevent sedimentation of waterways, pervious and impervious sediment traps and other sediment control structures shall be incorporated throughout the contributing watershed.
            (2)   Temporary pervious sediment traps could consist of a construction of bales of hay with a low spillway embankment section of sand and gravel that permits a slow movement of water while filtering sediment. Such structures may serve as temporary sediment control features during the construction stage of a development.
            (3)   Permanent impervious sediment control structures consist of sediment basins (debris basins, desilting basins, or silt traps) and shall be utilized to remove sediment from runoff prior to its disposal in any permanent body of water.
         d.   Maintenance Of Erosion Control System:
            (1)   The erosion and velocity control structures shall be maintained in a condition that will ensure continuous functioning according to the provisions of this title.
            (2)   Sediment basins shall be maintained as the need occurs to ensure continuous desilting action.
            (3)   The areas utilized for runoff waterways and sediment basins shall not be allowed to exist in an unsightly condition. The banks of the sediment basins and waterways shall be landscaped.
            (4)   Prior to the approval of any development, the developer shall make provision for continued maintenance of the erosion and sediment control system.
   E.   Building Elevations:
      1.   The top of the foundation and the garage floor of all structures shall be eighteen inches (18") above the grade of the crown of the street upon which the property fronts.
      2.   The lowest floor, including basement floor, of all structures constructed on lots preliminarily platted or established after January 24, 2016, shall be at a level at least three feet (3') above the highest known groundwater table elevation. If requested by the building official, the groundwater table elevation shall be determined by a licensed soils engineer using soil borings, piezometers, or the observation of mottled soils.
      3.   Exceptions to this standard may be approved by administrative permit upon consultation with the City Engineer for special circumstances such as increased setback, site topography, septic system operation and the like; provided, that proper site and area drainage is maintained and the elevation of the structure is in keeping with the character of the area.
   F.   Wetlands: In addition to the requirements of chapter 93 of this title, the following shall be the minimum protection for natural wetlands:
      1.   Runoff must not be discharged directly into wetlands without appropriate quality and quantity runoff control, depending on the individual wetland's vegetation sensitivity, subject to approval of the City Engineer. (Prior Code § 20-16-5)
      2.   Wetlands must not be drained or filled, wholly or partially, unless replaced by either restoring or creating wetland areas of at least equal public value. Compensation, including the replacement ratio and quality of replacement, should be consistent with the requirements outlined in the rules adopted by the Board of Water and Soil Resources to implement the Wetland Conservation Act of 1991, as amended. (Prior Code § 20-16-5; amd. 2018 Code)
      3.   Work in and around wetlands must be guided by the following principles in descending order of priority:
         a.   Avoid both the direct and indirect impact of the activity that may destroy or diminish the wetland.
         b.   Minimize the impact by limiting the degree or magnitude of the wetland related activity and its implementation.
         c.   Rectify the impact by repairing, rehabilitating, or restoring the affected wetland environment with one of at least equal public value.
         d.   Reduce or eliminate the adverse impact over time by preservation and maintenance operations during the life of the activity.
         e.   Compensate for the impact by replacing or providing approved substitute wetland resources or environments.
      4.   a. A protective buffer of natural vegetation at least twenty feet (20') wide from the delineated edge at the time of development shall surround all wetlands within parcels preliminarily platted, developed, or redeveloped after October 14, 2002. The City Engineer may require a larger buffer than the minimum based upon site specific design issues. The design criteria should follow common principles and the example of nearby natural areas. The site should be examined for existing buffer zones and mimic the slope structure and vegetation as much as possible.
         b.   A principal building setback of forty feet (40') from the delineated edge of all wetlands or twenty feet (20') from the edge of a buffer easement, whichever is greater, shall be provided within parcels preliminarily platted, developed, or redeveloped after October 14, 2002.
         c.   Grading, construction, or vegetation alteration/disturbance within this buffer is prohibited. Buffer design and protection during construction shall accomplish any or all of the following:
            (1)   Slow water runoff.
            (2)   Enhance water infiltration.
            (3)   Trap sediment, fertilizers, pathogens, heavy metals, blowing snow and soil, and act as corridors for wildlife.
            (4)   Drain tiles shall be identified and rendered inoperable.
         d.   The wetland and buffer shall be platted as an outlot if established as part of a subdivision application. All other applications shall require dedication of a perpetual conservation easement.
      5.   Ponding areas established for stormwater drainage purposes are exempt from the provisions of this section.
   G.   Security:
      1.   The developer shall provide the City financial security in the form of a cash escrow or letter of credit for required grading, landscape, and driveway improvements required by this title as a condition of subdivision approval and/or issuance of a building permit; letters of credit must be from a State or Federally chartered bank or savings and loan association, insured by the Federal Deposit Insurance Corporation that has an office in the State of Minnesota, or a subsidiary of such bank or savings association with an office in the State of Minnesota.
      2.   An as built certificate of survey shall be submitted to verify that the final as built grades and elevations of the lot and building setbacks are consistent with the approved grading plan for the development and amendments as approved by the City Engineer, that all required property monuments are in place, and verify that all required landscaping and driveway improvements are completed.
      3.   If the developer fails to perform required grading, landscape, or driveway improvements, or submit an as built certificate of survey as required by this title within one year from the date of occupancy, the security is forfeited to the City and may be used by the City to cure any default. The property owner shall further agree to be responsible for all costs incurred by the City that exceed the amount of the security forfeited. (Prior Code § 20-16-5)

11-16-6: EXTERIOR LIGHTING:

   A.   Purpose: It is the purpose of this section to encourage the use of lighting systems that will reduce light pollution while increasing nighttime safety, utility, security and productivity.
   B.   Exemptions: The provisions of this section shall not apply to the following:
      1.   Temporary outdoor lighting used during customary holiday seasons.
      2.   Temporary outdoor lighting used for civic celebrations and promotions.
      3.   Lighting installed by a government jurisdiction or agency within public rights-of-way, required by a government agency for the safe operation of airplanes, or security lighting required on government buildings or structures.
      4.   Emergency lighting by police, fire, and rescue authorities.
      5.   Architectural/historical light fixtures that feature globes that are not shielded. In no case shall the light affect adjacent property in excess of the maximum intensity defined in subsection C1 of this section.
      6.   All outdoor lighting fixtures existing and legally installed prior to October 14, 2002, are exempt from regulations of this chapter but shall comply with the previous standards for glare as follows:
         a.   Any lighting used to illuminate an off street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky reflected glare, where 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. Any light or combination of lights which cast light on a public street shall not exceed one foot-candle (meter reading) as measured from the centerline of said street. Any light or combination of lights which cast light on residential property shall not exceed four-tenths (0.4) foot-candle (meter reading) as measured from said property.
         b.   Whenever a light fixture that was existing on October 14, 2002, is replaced by a new outdoor light fixture, there shall be compliance with the provisions of this section.
   C.   Performance Standards:
      1.   Intensity: No light source or combination thereof which cast light on a public street shall exceed one foot-candle meter reading as measured at the property line nor shall any light source or combination thereof which cast light on adjacent property exceed four-tenths (0.4) foot-candle as measured at the property line.
      2.   Agriculture Or Residential District Standards: In all agriculture or residential districts, any lighting used to illuminate an off street parking area, structure, or area shall be arranged as to deflect light away from any adjoining residential property or from any public right-of-way in accordance with the following provisions:
         a.   The light source shall be hooded or controlled so as not to light adjacent property in excess of the maximum intensity defined in subsection C1 of this section.
         b.   Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way, unless part of a permanent fixture.
      3.   Institutional, Business, And Industrial Districts: Any lighting used to illuminate an off street parking area, structure, or area shall be arranged so as to deflect light away from any adjoining property or from any public right-of-way in accordance with the following provisions:
         a.   Shielding: The light fixture shall contain a cutoff which directs the light at an angle of ninety degrees (90°). Exposure of the light source shall not be permitted in view of adjacent property or public right-of-way.
         b.   Lighting Of Entire Facades Or Architectural Features: Lighting of entire facades or architectural features of a building shall be approved by the City Council. Building facades or architectural features may not be internally illuminated and shall only utilize illuminating devices mounted on top and facing downward onto the structure. In no case shall the light affect adjacent property in excess of the maximum intensity defined in subsection C1 of this section.
         c.   Intensity: Light sources shall not be permitted so as to light adjacent property in excess of the maximum intensity defined in subsection C1 of this section.
         d.   Searchlights: The use of searchlights for any business shall be limited to not more than two (2) events per calendar year. During any one event, the use of searchlights shall be limited to five (5) days consecutively and shall not be used between the hours of ten o'clock (10:00) P.M. and sunrise.
      4.   Height:
         a.   The maximum height above the ground grade permitted for poles, fixtures, and light sources mounted on a pole shall be:
            (1)   Agricultural, residential, business and institutional districts: Twenty five feet (25').
            (2)   Industrial districts: Thirty five feet (35').
         b.   A light source mounted on a building shall not exceed the height of the building.
         c.   Exceptions to the height limits for light sources may be approved by conditional use permit; provided, that there is compliance with all other requirements of this section.
      5.   Location:
         a.   All outdoor light fixtures shall be set back a minimum of ten feet (10') from a street right-of-way and five feet (5') from an interior side or rear lot line.
         b.   No light sources shall be located on the roof unless said light enhances the architectural features of the building and is approved by the City Council.
      6.   Glare: Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property.
      7.   Outdoor Recreation: Outdoor recreational uses such as, but not limited to, baseball fields, football fields, tennis courts and snow skiing areas have special requirements for nighttime lighting. Due to these unique circumstances, a conditional use permit shall be required for outdoor lighting systems for such uses that do not comply with the regulations of this section; provided, that:
         a.   No public or private outdoor recreation facility shall be illuminated after eleven o'clock (11:00) P.M., unless approved by the City Council.
         b.   Off street parking areas for outdoor recreation uses that are illuminated shall meet the requirements for institutional, commercial, and industrial applications as found in subsection C3 of this section.
      8.   Outdoor Signs: Outdoor signs constructed of translucent materials and wholly illuminated from within do not require shielding. Signs not exclusively illuminated internally may only utilize illuminating devices mounted on top and facing downward of the display structure. All shall comply with all other provisions of this section.
   D.   Prohibitions: The following outdoor lights are prohibited: Flashing lights. (Prior Code § 20-16-6)

11-16-7: SMOKE:

The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Agency and Minnesota Regulation APC 7017, as amended. (Prior Code § 20-16-7)

11-16-8: DUST AND OTHER PARTICULATE MATTER:

The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Agency and Minnesota Regulation APC 7011, as amended. (Prior Code § 20-16-8)

11-16-9: ODORS:

The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Agency and Minnesota Regulation APC 7011, as amended. (Prior Code § 20-16-9)

11-16-10: NOISE:

Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Agency and Minnesota Regulations NPC 7010, as amended, and section 5-1-8 of this Code. (Prior Code § 20-16-10)

11-16-11: UTILITY SYSTEMS:

Any development of land requiring provision of utilities for potable water and sanitary sewer disposal shall comply with the provisions of title 8, chapter 1 of this Code. (Prior Code § 20-16-11)

11-16-12: WASTE MATERIAL:

   A.   All waste generated on any premises shall be disposed in a manner consistent with all Minnesota Pollution Control Agency rules and this Code.
   B.   The accumulation, storage, processing, and disposal of waste on any premises, which is not generated on that premises, is prohibited, except as specifically provided in title 5, chapter 3 of this Code. (Prior Code § 20-16-12)

11-16-13: BULK STORAGE (LIQUID):

All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of the Minnesota State Fire Marshal's and Minnesota Department of Agriculture Offices and have documents from those offices stating the use is in compliance. (Prior Code § 20-16-13)

11-16-14: RADIATION EMISSION:

All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency. (Prior Code § 20-16-14)

11-16-15: ELECTRICAL EMISSION:

All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission. (Prior Code § 20-16-15)

11-16-16: PUBLIC RIGHTS-OF-WAY:

The erection and/or placement of any structure or any use occurring within the City's public right-of-way shall be in compliance with applicable provisions of title 8, chapter 6 of this Code. (Prior Code § 20-16-16)