The purpose of this article is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community.

(Code 1982, § 15.060)

(a)

No garage, tent or accessory building shall at any time be used as living quarters, temporarily or permanently.

(b)

Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling.

(c)

Tents, playhouses or similar structures may be used for play or recreational purposes.

(d)

All dwellings, other than mobile homes in approved mobile home parks, shall be located upon a foundation that meets the requirements of the building code. No mobile home, for use as a residence, shall be permitted on any site within the city, unless such site is a part of a mobile home park, approved and licensed by the state in accordance with state statutes, and located in an area zoned as a mobile home park district.

(e)

Site-built dwellings and manufactured homes, other than mobile homes, shall be no less than 30 feet in length and no less than 20 feet in width over that entire minimum length; provided, however, all dwelling units shall meet the minimum floor area requirements set out in this Code. Overhangs and other projections beyond the principal walls of the manufactured homes shall not be taken into account in determining the minimum width required hereunder.

(f)

All single-family dwellings, other than approved earth sheltered homes, shall have a pitch roof covered with shingles or tiles; and shall have eaves of not less than six inches.

(Code 1982, § 15.061)

(a)

Any person desiring to improve property shall submit to the building official a survey of such 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 to city ordinances.

(b)

All buildings shall be so placed that they will not obstruct utility extensions or future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.

(c)

Except as set forth in subsection (d) of this section, two or more lots having continuous frontage upon a street and title to which is in the same owner or owners, shall be considered an undivided parcel for the purposes of this chapter and no portion of such parcel shall be sold which will result in a lot having less than the minimum width and area requirements by this chapter; and no building permit shall be issued by the city for construction upon any such separate parcel which does not meet all requirements of this chapter.

(d)

A parcel consisting of two or more platted lots, or portions thereof, existing and of record on the effective date of this chapter, in a residential district; having continuous frontage upon a street; title to which is in the same owner or owners; and with an existing home constructed thereon, may be divided into two separate building lots not meeting the minimum area and width requirements of this chapter, with the approval of the planning commission and the city council, and subject to the following requirements:

(1)

All setbacks of each resulting building lot must conform to the minimum requirements of the zoning district.

(2)

The existing home must remain on a lot whose area is not less than 5,000 square feet, and with at least 50 feet continuous frontage upon a street. The remaining parcel shall have an area of not less than 5,000 square feet and at least 50 feet continuous frontage upon a street. No dwelling larger than 1,000 square feet, as measured at the perimeter of the foundation of such dwelling, shall be constructed upon the remaining lot.

(3)

Subject to the minimum requirements set forth above, the final determination of the boundaries and size of each lot created by a division shall be established by the planning commission and the city council, after review of the subject property and after consideration of the topography and other characteristics of the property.

(e)

Any parcel consisting of one or more platted lots or portions thereof, existing and of record on the effective date of this chapter, in a residential district, which is not part of a larger parcel containing other lots or portions thereof having continuous frontage upon a street and title to which is in the same owner or owners, may be utilized for the construction of a single-family dwelling thereon, provided that any such parcel must have a minimum area of not less than 5,000 square feet and a minimum of 50 feet of continuous frontage upon a street. Any dwelling constructed upon such parcel shall not exceed 1,000 square feet, as measured at the perimeter of the foundation of such dwelling, and all setbacks must conform to the minimum requirements of the zoning district.

(f)

Except in the case of planned unit development as provided for in section 74-66 et seq., not more than one principal building shall be located on a lot. The term "principal building" shall be given its common, ordinary meaning as defined in section 74-9. In case of questions or doubt in interpretation, the decision of the building official shall be final, subject to the right to appeal to the planning commission and city council. Shopping centers shall be interpreted as having more than one principal building.

(g)

On a through lot (a lot fronting on two parallel streets), both street lines shall be front lot lines for applying the yard and parking regulations of this chapter.

(Code 1982, § 15.062)

(a)

Generally.

(1)

No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view.

(2)

The architectural design, color, roof pitch, or lack of it, roof overhang or lack of it, and exterior material, of all buildings and structures shall not be so dissimilar to or inconsistent with surrounding buildings and areas so as to constitute a blighting influence. The city may refuse to grant a permit for construction or location of any building which may significantly diminish neighboring property values or otherwise impair the health, safety, and welfare of the community; and in addition, the city shall have the additional power to require appropriate screening to the extent that such screening will sufficiently ameliorate deficiencies of design and construction. Any denial of any requested building permit for the reasons set forth in this section shall be subject to appeal to the city council by the applicant in accordance with the provisions of section 74-92.

(3)

The exterior siding material on any accessory structure shall be the same or similar in nature to that of the principal structure on the subject property.

(4)

All accessory buildings and structures within the boundaries of the RD river development district shall also comply with the requirements of section 74-791 et seq.

(5)

All structures shall be ten feet or more from any other building or structure on the same lot.

(6)

No structure shall be placed within a utility easement.

(7)

It is unlawful for any person to construct or to cause to have constructed any accessory building without first making an application for and securing a permit. A fee in the amount set forth in chapter 42 of this Code shall be paid for all accessory buildings constructed in the city. Submission materials are as required by section 74-42. Fees may be waived for accessory structures being placed in conjunction with a separate use permit application.

(b)

Accessory buildings and accessory uses.

(1)

No accessory building or accessory use, as defined in section 74-9 shall be erected or located within any required yard other than the rear yard.

(2)

Single family homes shall be limited to one detached accessory building not to exceed 312 square feet.

(3)

Two family homes shall be limited to one detached accessory building per parcel not to exceed 150 square feet.

(4)

Townhome and mixed use buildings shall be allowed one detached accessory building per base lot not to exceed 150 square feet. Such minimums may be exceeded only when in receipt of a conditional use permit.

(5)

Apartment buildings shall be allowed one detached accessory building per parcel not to exceed 312 square feet. Such minimums may be exceeded only when in receipt of a conditional use permit.

(6)

Accessory building setbacks:

a.

Front: Accessory buildings shall only be permitted in the rear yard.

b.

Interior side/rear: Five feet.

c.

Corner (street side yard)/through lot rear: 30 feet.

d.

Alley: Ten feet.

(7)

Height: Not to exceed 18 feet in height or the height of the primary structure, whichever is least.

(c)

Garages.

(1)

No permit shall be issued for the construction of more than one private garage structure for each single family dwelling, two family dwelling unit, townhome unit, or apartment building except with an approval of a conditional use permit according to the provisions of section 74-91 et. Seq.

(2)

No garage per single-family home shall exceed 1,024 square feet of floor area or the total area of the building footprint, whichever is least.

(3)

Garages in the R-2 district are subject to the guidelines outlined in section 74-481.

(4)

Detached garage setbacks:

a.

Front: No detached garage shall be closer to a front lot line than the principal structure.

b.

Corner (street side yard)/through lot rear: 30 feet.

c.

Interior side/rear: Five feet.

d.

Alley: 10 feet.

(5)

Height: Not to exceed 18 feet in height or the height of the primary structure, whichever is least.

(6)

Attached garage standards: Attached garages must meet the same setback and height requirements of the principal structure.

(Code 1982, § 15.063; Ord. No. 603, § 1, 9-7-04; Ord. No. 619, §§ 1—4, 11-7-05; Ord. No. 627, § 1, 12-18-06; Ord. No. 634, § 1, 1-22-08; Ord. No. 647, § 5, 5-18-09; Ord. No. 701, §§ 1—4, 9-16-13; Ord. No. 705, § 1, 1-21-14; Ord. No. 729, § 1, 8-15-16; Ord. No. 731, § 1, 11-21-16; Ord. No. 762, § 2, 1-17-23)

In the case of all apartment, business and industrial developments, the drainage plans shall be submitted to the city engineer for his review and the final drainage plan shall be subject to the city engineer's written approval.

(Code 1982, § 15.064)

(a)

Location. All fences shall be located entirely upon the private property of the persons constructing or causing the construction of such fence, unless the owner of the adjoining property agrees, in writing, that such fence may be erected on the division line of the respective properties. No fences shall be allowed on public rights-of-way. Where the property line is not clearly defined, a certificate of survey may be required by the building official to establish the property line.

(b)

Construction and maintenance. All fences shall be constructed and maintained to meet the following standards:

(1)

Every fence shall be installed so that the more finished side faces the adjacent property. If the fence has posts on one side, the posts shall be placed on the inside side of the fence.

(2)

All fences must be constructed in a substantial, workmanlike manner and of materials reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be erected and maintained straight and plumb, maintained in a condition of reasonable repair, and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is or has become dangerous to the public safety, health or welfare is a public nuisance, and the city administrator shall commence proper proceedings for the abatement thereof or take other enforcement action as permitted by code.

(3)

Chainlink fences, wherever permitted, shall be constructed in such a manner that no barbed ends shall be at the top. Electric and barbed wire fences shall not be permitted, except as provided under subsection (e) of this section.

(4)

Solid walls in excess of six feet above adjacent ground grades shall be prohibited.

(5)

Temporary fencing shall be allowed without a permit as follows:

a.

Snow fences for the purpose of controlling drifting snow provided the fence is four feet in height or less, not within five feet of any side or rear property line, or placed within the public right-of-way. Such fencing shall not be placed prior to November 1 and shall be removed by April 1.

b.

Erosion control fences are allowed without a permit in all districts in conjunction with a permitted activity necessitating such fencing.

c.

Fencing of a temporary nature for the protection of excavation and construction sites and/or for the protection of plants or trees during excavation and construction may be allowed without a permit when associated with permitted activities.

(c)

Private swimming pools. All fencing around private swimming pools shall comply with chapter 18, article IV.

(d)

Residential district fences. In all parts of the city zoned residential, all fences shall conform with district setback requirements and no fence shall be erected or maintained more than four feet in height except that:

(1)

Fences on all corner lots erected within 30 feet of the intersecting property line shall be subject to section 74-223

(2)

Subject to other restrictions contained in this section, fences may be constructed to a height of six feet on or along the rear property line, the side property lines and it may return to the front corner of the principal structure.

(3)

Fences along any rear property line which is also the rear property line of an abutting lot may be constructed to a height of six feet.

(4)

Fences along a rear property line which line constitutes the side lot line of an abutting lot shall not exceed six feet in height and shall not exceed four feet in height when abutting a front yard line.

(5)

Fences shall be residential in nature such as chain link, wrought iron, vinyl, split-rail, or board and picket.

(6)

Poultry fencing may be permitted only in association with a permit for the limited keeping of chickens in section 10-10.

(e)

Business and industrial district fences. Fences in all business and industrial districts shall not exceed eight feet in height except that:

(1)

Fences abutting residential districts shall conform to those conditions applying to the residential district.

(2)

Fences which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire must be fastened commencing at a point at least seven feet above the ground.

(3)

Fences erected within the required front yard shall not be over six feet in height and shall be of a chainlink construction permitting maximum visibility. (f) Special purpose fences. Fences for special purposes and fences differing in construction, height or length than as required in this section may be permitted in any district in the city by issuance of a conditional use permit approved by the planning commission and city council. Findings shall be made that the fence is necessary to protect, buffer or improve the premises for which the fence is intended.

(g)

All fences within the boundaries of the RD river development district shall observe the structure setbacks delineated in section 74-795(a).

(h)

Permits required. It is unlawful for any person to construct or cause to be constructed any fence without first making an application for and securing a permit. A fee in the amount set forth in chapter 42 of this Code shall be paid for all fences constructed in the city. Submission materials are as required by section 74-42. Fees may be waived for fences being placed in conjunction with a separate use permit application.

(Code 1982, § 15.065; Ord. No. 594, § 1, 7-21-03; Ord. No. 643, § 1, 3-16-09; Ord. No. 647, § 6, 5-18-09; Ord. No. 705, § 2, 1-21-14)

(a)

Landscaping generally.

(1)

All exposed ground areas, including street boulevards, and areas not devoted to off-street parking, drives, sidewalks, patios or other such improvements shall be landscaped with grass, shrubs, trees or other ornamental landscape materials.

(2)

All landscaped areas shall be maintained by the property owner and kept neat, clear and uncluttered, and where landscaping is required as part of city approvals, any plant material which is diseased or dies shall be replaced with like kind of the original size.

(3)

Fences and/or plantings placed upon utility easements are subject to removal by the city or utility company if required for maintenance or improvement of the utility. In such case, costs for removal and replacement shall be the responsibility of the property owner. Trees on utility easements containing overhead wires shall not exceed 15 feet in height and such trees shall be the property owner's responsibility to maintain.

(b)

Required landscaping.

(1)

Landscaping plan required. All new residential subdivisions with three or more lots, residential structures with three or more dwelling units, commercial uses, industrial uses, and institutional uses shall be subject to minimum landscaping and planting material specification requirements outlined in this section. A landscape plan shall be developed with an emphasis upon the boundary of the subject site, parking lots, and foundation of the principal structure, in accordance with the information requirements outlined in section 74-42(b) of this article.

(2)

Design standards and criteria. All required landscaping shall conform to the following standards and criteria:

a.

Types of new trees. All new trees shall be of the following types or similar if deemed acceptable by the zoning administrator:

1.

Deciduous trees. Required plantings of deciduous trees shall be of the following type: White Oak, Northern Red Oak, Eastern Pin Oak, Swamp White Oak, Honeylocust, Hackberry, Kentucky Coffee Tree, Ginkgo, Littleleaf Linden, Redmond Linden, Hybrid Elm, Sugar Maple, Red Maple, Norway Maple, or Black Cherry.

2.

Evergreen trees. Required plantings of evergreen trees shall be of the following type: Douglas Fir, White Fir, Hemlock, Austrian Pine, White Pine, Ponderosa Pine, Norway Pine, Scotch Pine, Eastern Red Cedar, Black Hills Spruce, Norway Spruce, and White Spruce.

3.

Ornamental trees. Required plantings of ornamental trees shall be of the following type: River Birch, Chokecherry, Crabapple, Dogwood, Hawthorn, Mountain Ash, Plum, or Serviceberry.

b.

Minimum size. All required plantings shall be of the following minimum sizes, diameters to be measured at breast height:

1.

Deciduous trees: Two inches in diameter

2.

Ornamental trees: One and one half inches in diameter

3.

Evergreen trees: Four feet in height

4.

Tall shrubs/hedge: Three feet in height

5.

Low shrubs/spreading evergreens: 18 inches in height

c.

Minimum required plantings.

1.

Single- and two-family residential. All new single family residences or duplex units shall follow the sodding and ground cover requirements found in subsection (b)(3) and the following:

i.

One deciduous tree per frontage to be placed no less than five feet and no greater than seven feet from the right-of-way and as close to the center of the lot as feasible based on the house and driveway location.

ii.

One additional deciduous, ornamental, or evergreen tree placed in the side or rear yard.

2.

Mixed use, multi-family, institutional, commercial, and industrial.

i.

The site must contain a minimum of one tree per 50 linear feet of site perimeter.

ii.

The complement of trees fulfilling this requirement shall not be less than 25 percent deciduous or 25 percent evergreen.

iii.

Deciduous and evergreen trees shall be of more than one species each.

iv.

All parking areas consisting of 50 stalls or more shall provide one deciduous tree planting island for every 25 parking stalls.

v.

Parking lots shall be screened to residential areas with berms, low shrubs/spreading evergreens and/or tall shrubs/hedges.

vii.

These standards do not apply within the B-1 and I-2 districts.

d.

Existing trees. All existing, preserved trees on site that are suitable for the purpose intended by this ordinance may count towards the required plantings.

e.

Spacing. Plant material centers shall not be located closer than three feet from the fence line or property line and shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the zoning administrator.

f.

Design.

1.

All landscaping plans shall show some form of designed site amenities (i.e., composition of plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc.) which are largely intended for aesthetic purposes.

2.

All areas within the property lines (or beyond, if site grading extends beyond) shall be treated. All exterior areas not paved or designated as roads, parking, or storage shall be planted into ornamental vegetation (lawns, ground covers, or shrubs) unless otherwise approved by the zoning administrator.

3.

Turf slopes in excess of three to one (3:1) are prohibited.

4.

Required trees and shrubs shall not be planted in the right-of-way.

(3)

Sodding and ground cover. All open areas of site not occupied by building, parking, sidewalks, or storage shall be either seeded or sodded.

a.

The front and side yards of each lot shall be properly graded, four inches of topsoil added, sod laid to complete front yard (including right-of-way), and seeding or sodding applied to the remainder of the disturbed area of the site. Seeding may be allowed in the front yard if a sprinkler system is also installed.

b.

If construction is completed when weather conditions do not allow sodding or seeding, the developer or home builder shall submit to the city the following:

1.

A temporary certificate of occupancy granted for the building during the non-growing season provided that the owner establishes a cash escrow with the city as set forth by the city's fee schedule. Upon satisfactory installation of the ground cover, the escrow will be returned to the owner and a certificate of occupancy issued.

2.

If the ground cover is not established by June 1 of the following year, the owner will forfeit the escrowed funds and be required to vacate the property until the certificate of occupancy can be issued when ground cover has been installed. The cost to install the ground cover shall be at the property owner's expense.

(4)

Landscape guarantee. All new required plants shall be guaranteed for 24 months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Prior to the issuance of a certificate of occupancy, the city may require a performance bond, with a corporation approved by the city as surety thereon, or other guarantee acceptable to the city, in an amount to be determined by the city, but for not less than one and one-half times and no more than two times the amount estimated by the city as the cost of completing said landscaping and screening.

(c)

Required screening. All commercial, industrial, or institutional uses shall provide screening along the boundary of any abutting residential district or when the side or rear of the use (as determined by the zoning administrator) is separated from any residential district by a public right-of-way. All screening required by this section shall be subject to section 74-223 of this article and is to consist of a green belt strip as provided below:

(1)

A greenbelt planting strip shall consist of evergreen trees and shall be of sufficient width and density to provide an effective screen. This planting strip shall contain no structures or other use. Such planting strips shall not be less than eight feet in height. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required screen. When vegetation is used for screening, it shall be guaranteed for a period of two years from the time of planting. The planting plan and type of shrub shall require the approval of the zoning administrator and meet the following general standards:

a.

Where plant materials are planted for screening purposes in two or more rows, plantings shall be staggered in rows unless otherwise approved by the zoning administrator.

b.

Deciduous trees may be used for screening provided they are planted not more than 40 feet apart. Evergreen trees, tall shrubs/hedges, and/or low shrubs/spreading evergreens shall be incorporated with any deciduous tree plantings intended for screening.

c.

Evergreen trees intended for screening shall be planted not more than 15 feet apart.

d.

Where massing of plants or screening is intended, large deciduous shrubs shall be planted four feet on center or closer, and/or, evergreen shrubs shall be planted three feet on center or closer.

e.

Tall shrubs/hedges shall be planted to that mature widths shall overlap to provide an effective visual screen.

(2)

A required screening fence shall be constructed of masonry, brick, wood, steel, or similar durable synthetic materials designed for a similar appearance. Such fence shall provide a solid screening effect and not exceed eight feet in height or be less than six feet in height, subject to the standards in section 74-221. The design and materials used in constructing a required screening fence shall be subject to the approval of the zoning administrator.

(d)

Screening of mechanical equipment. All rooftop and ground-mounted mechanical equipment for residential buildings having three units or more and for nonresidential buildings shall comply with the following standards:

(1)

All rooftop and ground-mounted mechanical equipment shall be screened so as to mitigate noise in compliance with section 74-228 of this article.

(2)

All rooftop and ground-mounted mechanical equipment shall be designed (including exterior color) and located so as to be aesthetically harmonious and compatible with the building. Screening of and landscaping around the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure.

(3)

Rooftop mechanical equipment less than three feet in height may be exempt from screening requirements by the zoning administrator.

(e)

Screening of trash receptacles. All commercial, industrial, institutional, and multi-family collective dumpsters, garbage, and waste containers visible from a residential district or public right-of-way shall be screened from view by fencing that consists of wood, brick, or similar or a combination thereof in a manner that creates an appearance similar to the principal structure. Associated gates and doors that allow access to refuse containers shall have a latching mechanism that is closed/locked when not in use.

(Code 1982, § 15.066; Ord. No. 643, § 2, 3-16-09; Ord. No. 681, § 1, 6-18-12; Ord. No. 768, § 4, 10-16-23)

On corner lots in all districts, no structure or planting in excess of 30 inches above the street centerline grade shall be permitted within a triangular area defined as follows: Beginning at the intersection of the projected property lines of two intersecting streets, thence 30 feet along one property line, thence diagonally to a point 30 feet from the point of beginning on the other property line, thence to the point of beginning.

(Code 1982, § 15.067)

(a)

Purpose: It is the purpose of this section to encourage the use of lighting systems that will reduce light pollution and promote energy conservation while increasing night-time 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 required by a government agency for the safe operation of airplanes, security lighting required on government buildings or structures, or lighting in municipal public parks.

(4)

Emergency lighting by police, fire, and rescue authorities.

(5)

Architectural/historical light fixtures and street lights 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 (c)(1).

(6)

All outdoor lighting fixtures existing and legally installed prior to the effective date of this ordinance are exempt from regulations of this section but shall comply with the following standards:

a.

Glare. Any lighting used to illuminate an off-street parking area, sign or other structure shall be so 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 lightbulbs shall not be permitted in view of adjacent property or public rights-of-way. The intensity of any such lights shall meet the standards of subsection (c)(1).

b.

Replacement. Whenever a light fixture that was existing on the effective date of this article is replaced by a new outdoor light fixture, the provisions of this section shall be complied with.

(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 from the center line of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four-tenths foot candles as measured at the property line. The foot candle level of a light source shall be taken after dark with the light meter held six inches above the ground with the meter facing the light source. A reading shall be taken with the light source on, then with the light source off. The difference between the two readings will be identified as the light intensity.

(2)

Residential district standards. In all 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 (c)(1).

b.

Bare lightbulbs shall not be permitted in view of adjacent property or public right-of-way, unless part of a permanent fixture.

(3)

Commercial, industrial, and institutional standards. 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.

The light fixture shall contain a cutoff which directs the light at an angle of 90 degrees or less. Exposure of the light source shall not be permitted in view of adjacent property or public right-of-way.

b.

Light sources shall not be permitted so as to light adjacent property in excess of the maximum intensity defined in subsection (c)(1).

(4)

Height. The maximum height above the ground grade permitted for poles, fixtures, and light sources mounted on a pole is 25 feet. A light source mounted on a building shall not exceed the height of the building. Exceptions to the height limits for light sources may be approved by conditional use permit provided that all other requirements of this section are satisfied. This section does not apply to lighting in parks or other public areas.

(5)

Location. No light sources shall be located on the roof unless said light enhances the architectural features of the building and is approved by the zoning administrator.

(6)

Hours. The use of outdoor lighting for parking lots and illuminated signage for commercial, industrial, or institutional uses adjacent to or within residential areas shall be turned off between 10:00 p.m. and 6:00 a.m. Facilities that are open or in use may utilize said lighting.

(7)

Glare. Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property.

(8)

Outdoor recreation. Outdoor recreational uses such as, but not limited to, baseball fields, football fields, and tennis courts 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 regulations of this section, provided that:

a.

No private outdoor recreation facility shall be illuminated between 10:00 p.m. and 6:00 a.m., except for required security lighting.

b.

Off-street parking areas for outdoor recreation uses that are illuminated shall meet the requirements for commercial, industrial, and institutional applications as found in subsection (c)(3).

(Code 1982, § 15.068; Ord. No. 681, § 2, 6-18-12)

The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.

(Code 1982, § 15.069)

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 Standards, Minnesota Regulation APC 1-15, as amended.

(Code 1982, § 15.0610)

The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.

(Code 1982, § 15.0611)

Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC, as amended.

(Code 1982, § 15.0612)

(a)

Passenger automobiles, station wagons and trucks not currently licensed by the state, or which are because of mechanical deficiency incapable of movement under their own power, parked or stored outside for a period in excess of 30 days, and all materials stored outside in violation of city ordinances are considered refuse or junk and shall be disposed of.

(b)

No junkyard may continue as a nonconforming use for more than one year after the effective date of this chapter, except that a junkyard may continue as a nonconforming use in an industrial district if within that period it is completely enclosed within a building, fence, screen planting, or device of such height so as to completely screen the operations of the junkyard. Plans of such a building or device shall be approved by the planning commission and city council before it is erected or put into place.

(c)

The piling of junk in yards in all residential districts shall be considered to be a nonconforming use and shall be removed within a period of three months after the effective date of this chapter.

(Code 1982, § 15.0613)

(a)

All sewage disposal shall be connected to the public sanitary sewage disposal system in the manner required by section 70-76 et seq.

(b)

The installation of on-site sewage treatment systems shall be in conformance with the provisions of the Washington County Subsurface Sewage Treatment Ordinance. The minimum lot size for the installation of a new subsurface sewage treatment system is ten acres.

(c)

The minimum lot area requirements of all districts shall be subject to the provisions of section 74-361 et seq.

(Code 1982, § 15.0614; Ord. No. 762, § 3, 1-17-23)

All materials and equipment, except as provided for in article VIII of this chapter, shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following:

(1)

Clothesline pole and wires.

(2)

Not more than two recreational vehicles and equipment.

(3)

Construction and landscaping material currently being used on the premises.

(4)

Off-street parking of passenger vehicles and trucks not exceeding a gross weight of 12,000 pounds in residential areas.

(Code 1982, § 15.0615)

Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer nor the sanitary sewer system, but shall be disposed of in a manner approved by the state fire marshal and the state pollution control agency.

(Code 1982, § 15.0616)

All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with regulations of the state fire marshal, state department of agriculture, and city ordinances, and have documents from those offices stating the use is in compliance.

(Code 1982, § 15.0617)

All activities that emit radioactivity shall comply with the minimum requirements of the state pollution control agency.

(Code 1982, § 15.0618)

All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

(Code 1982, § 15.0619)

(a)

This section identifies general yard requirements to be provided for in all zoning districts and exceptions thereto.

(b)

No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this chapter, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another structure.

(c)

The following shall not be considered as encroachments on yard setback requirements:

(1)

Chimneys, flues, beltcourses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like provided they do not project more than two feet into a yard.

(2)

Terraces, steps, uncovered porches, stoops or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than two feet from any lot line.

(3)

In rear yards: Recreational and laundry drying equipment, arbors and trellises, balconies, breezeways, open porches, detached outdoor living rooms, garages, and air conditioning or heating equipment, provided they are at a minimum distance of five feet from the rear lot line.

(d)

All lot area requirements are subject to section 74-361 et seq. of this Code and all lots utilizing on-site sewage disposal systems must comply with the minimum requirements of sections 70-76 et seq., 74-230, and the Washington County Subsurface Sewage Treatment Ordinance.

(Code 1982, §§ 15.070—15.073; Ord. No. 762, § 4, 1-17-23)

(a)

Purpose. This section identifies area and building size requirements and exceptions to general height requirements in each zoning district.

(b)

Usable open space. Each multiple-family dwelling site shall contain at least 600 square feet of usable open space as defined in section 74-9 for each dwelling unit contained thereon.

(c)

Height. The building height limits established in this chapter for districts shall not apply to the following:

(1)

Belfries.

(2)

Chimneys or flues.

(3)

Church spires.

(4)

Cooling towers.

(5)

Cupolas and domes which do not contain usable space.

(6)

Elevator penthouses.

(7)

Flagpoles.

(8)

Monuments.

(9)

Parapet walls extending not more than three feet above the limiting height of the building.

(10)

Water towers.

(11)

Poles, towers and other structures for essential services.

(12)

Necessary mechanical and electrical appurtenances.

(13)

Television and radio antennas not exceeding 20 feet above the roof.

(d)

Roof structures. No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than 25 percent of the area of such roof nor exceed ten feet unless otherwise noted.

(e)

Minimum floor area per dwelling unit.

(1)

Multiple dwelling units. Living units classified as multiple dwelling shall have the following minimum floor areas per unit:

a.

Efficiency units: 600 square feet.

b.

One-bedroom units: 700 square feet.

c.

Two-bedroom units: 800 square feet.

d.

Three-bedroom units: 900 square feet.

e.

More than three bedroom units: An additional 150 square feet for each additional bedroom.

(2)

Other dwelling units. Living units other than multiple dwelling units shall have minimum floor areas as regulated by the state uniform building code, as amended, or as modified by the city.

(3)

Efficiency apartments. Except for elderly (senior citizen) housing, the number of efficiency apartments in a multiple dwelling unit shall not exceed 20 percent of the total number of apartments.

(f)

Minimum floor area of commercial structures. Commercial buildings (principal structure) having less than 1,000 square feet of floor area may only be allowed upon approval of a conditional use permit as provided for in section 74-91 et seq.

(g)

Minimum lot area per unit. The lot area per unit requirement for two-family dwellings, townhouses, apartments and planned unit developments shall be calculated on the basis of the total area in the project and as controlled by an individual and joint ownership.

(1)

Two-family dwelling unit: 6,000 square feet.

(2)

Townhouse and quadraminium: 4,000 square feet.

(3)

Multiple-family dwelling:

a.

One-bedroom unit: 2,000 square feet.

b.

Two-bedroom unit: 2,500 square feet.

c.

Three-bedroom unit: 3,000 square feet.

(h)

Minimum size for non-residential structures. Except when in receipt of a conditional use permit, no commercial or industrial principal building in the B-1, B-2, MX-1, MX-2, I-1, or I-2 districts shall be less than 1,000 square feet in area.

(Code 1982, §§ 15.080—15.087; Ord. No. 768, § 3, 10-16-23)

(a)

Single-family residential, duplexes, townhomes, and apartment/condominium buildings shall have exterior building finishes consisting of materials comparable in grade to:

(1)

Brick.

(2)

Concrete composite board.

(3)

Stone (natural or artificial).

(4)

Integral colored split face (rock face) concrete block.

(5)

Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, or cypress.

(6)

Stucco (natural or artificial).

(7)

Vinyl siding.

(8)

Aluminum or steel siding provided it has horizontal edges and overlapping sections no wider than 12 inches.

(b)

All commercial, industrial, institutional, and mixed use buildings shall have exterior building finishes consisting of the following materials organized by class for use in subsection (c) below:

(1)

Class I—Brick, marble, granite or other natural stone, textured cement stucco, copper, porcelain, and glass.

(2)

Class II—Exposed aggregate concrete panels, burnished concrete block, integral colored split face (rock face) and exposed aggregate concrete block, cast-in-place concrete, artificial stucco, artificial stone, and prefinished metal.

(3)

Class III—Unpainted or surface painted concrete block (scored or unscored), unpainted or surface painted plain or ribbed concrete panels, and surface painted metal.

(c)

Utilizing the classifications stated in subsection (b), the following described structures must meet the following exterior finish requirements:

(1)

All structures within the B-1 and commercial or vertical mixed use buildings in mixed use districts, as well as nonresidential uses in residential districts, shall utilize at least 75 percent Class I materials on each building face and no Class III materials on any building face that is visible from public areas within the site or from off-site. The use of Class III materials is limited to ten percent of the exterior surface. All buildings within one development site must be visually integrated by utilizing some of the same exterior materials and architectural elements such as roof pitch, window treatments and massing.

(2)

All structures within the B-2, I-1, and P-1 shall utilize at least 75 percent Class I materials on each building face and no Class III materials on any building face that is visible from public areas within the site or from off-site. All buildings within one development site must be visually integrated by utilizing some of the same exterior materials and architectural elements such as roof pitch, window treatments and massing.

(3)

All structures within the I-2 District shall have at least 25 percent Class I building materials on each building face visible from public areas within the site or from off-site.

(d)

Apartment and condominium buildings with four or more units shall be constructed with the materials listed in Section 74-238 (a) above with the exception of (7) and (8) for up to 75 percent of the building face visible from a public right-of-way. At least 25 percent shall be of a Class I material as defined by 74-238 (b).

(e)

Townhome buildings or apartment buildings with four or less units shall be constructed with the materials listed in Section 74-238 (a) above for up to 80% of the building front face. The balance shall be of a Class I material as defined by 74-238 (b).

(f)

In the B-1 district, the following standards shall apply:

(1)

The ground level of all buildings shall have window and door openings of at least 40 percent of the lower level building façade.

(2)

Of the 40 percent noted in subsection 1. above, at least 75 percent shall be glass.

(3)

Upper levels of buildings shall not have any level exceed 50 percent glass on the front façade.

(4)

The principal entrance of the building shall be facing the front lot line.

(Ord. No. 679, § 1, 3-19-12; Ord. No. 762, § 5, 1-17-23; Ord. No. 769, § 2, 2-20-24)

(a)

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

(b)

Standards.

(1)

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

(2)

Height. Roof mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground mounted solar energy systems shall not exceed the permitted height of detached accessory buildings.

(3)

Location. In all zoning districts, ground mounted solar energy systems shall be limited to the rear yard.

(4)

Setbacks. Ground mounted solar energy systems shall comply with all accessory structure setbacks in the applicable zoning district. Roof mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. Systems attached to a building shall not be permitted to encroach greater than what is permitted in section 74-236(c).

(5)

Roof mounting:

a.

Roof mounted solar collectors may be flush mounted or bracket mounted.

b.

Bracket mounted collectors shall be permitted only when a determination is made by the city building official that the underlying roof structure will support apparatus, wind, and snow loads and all applicable building standards are satisfied.

c.

No roof mounted solar energy systems may be on the street facing side of any roof.

d.

No more than 85 percent of the portion of the roof permitted for solar energy systems shall be covered by such systems.

(6)

Easements. Solar energy systems shall not encroach on any public easements.

(7)

Screening. Ground mounted and non-residential roof mounted solar energy systems shall be screened from view to adjoining residential property and rights-of-way.

(8)

Maximum area. Ground mounted solar energy systems shall be limited in size to the maximum area requirement allowed for detached accessory buildings but do not count towards the number of detached accessory structures.

(9)

Aesthetics. All solar energy systems shall minimize glare toward vehicular traffic and adjacent properties.

(10)

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

(c)

Safety:

(1)

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

(2)

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

(3)

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

(d)

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

(e)

Permit. A building permit shall be obtained for any solar energy system prior to installation.

(Ord. No. 708, § 1, 6-16-14)

Every applicant for a land reclamation permit, subdivision approval, or a permit to allow land disturbing activities consisting of one acre of land or more must submit a stormwater management plan and an erosion control plan to the city that meets the criteria of the city's engineering design standards. All construction sites regardless of size will be required to provide and maintain minimum erosion control measures during construction. No subdivision approval or permit to allow land disturbing activities shall be issued until approval of the stormwater management plan or a waiver of the approval requirement has been obtained in conformance with the provisions of this section.

(a)

Incorporation by reference. The following are incorporated into this chapter by reference:

(1)

The National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES general construction permit) issued by the Minnesota Pollution Control Agency, August 1, 2013, as amended. The NPDES general construction permit is incorporated into this chapter by reference.

(2)

The city's surface water management plan, as amended.

(3)

The city's engineering design standards, as amended. The standards shall serve as the official guide for stormwater principles, methods, and practices for proposed development activities. The city's engineering design standards is incorporated into this chapter by reference.

(b)

Financial security. Upon approval of the stormwater management plan by the city council, the applicant shall submit a letter of credit, or cash escrow, to cover 125 percent of the amount of the established cost of complying with the stormwater management plan. This financial guarantee shall be in a form acceptable to the city.

The city may draw on the letter of credit or cash escrow after providing the permittee with at least five business days notice.

The city may act against the financial security if any of the conditions listed below exist:

(1)

The permittee ceases land-disturbing activities or filling and abandons the work site prior to completion of the plan;

(2)

The permittee fails to conform to the approved stormwater management plan;

(3)

The techniques utilized under the stormwater management plan fail within one year of installation; or

(4)

The city has determined that additional action on the site is necessary to prevent excessive erosion from occurring.

The city may use the funds from the financial security to reimburse itself for any remedial work undertaken by the city or its contractor, and for any administrative costs incurred in the process of performing the remedial work including, but not limited to, staff time and attorney's fees.

The financial security shall be released one year after the ground cover and other erosion control measures have been established. All temporary erosion control measures, such as silt fences, must be removed from the site prior to the city releasing the financial security.

(c)

Stormwater management plan approval standards. No stormwater management plan that fails to meet the standards contained in this section shall be approved by the city council. No land shall be disturbed until the plan is approved by the city engineer. At a minimum, applicants shall meet the specifications set forth in the city's engineering design standards, and observe the standards established in the NPDES Construction Stormwater Permit and the city's surface water management plan.

(d)

Inspection and maintenance. The permittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined in the NDPES Construction Stormwater permit. Prior to any construction, the permittee shall provide the city with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping, which meets the criteria of the city's engineering design standards. The permittee shall be responsible for maintaining sediment and erosion control measures per the approved stormwater management plan. The city may, in its discretion, perform the work or contract to have the work completed and draw down on the escrow deposit, letter of credit or bond to pay any costs.

(e)

General criteria. All stormwater management plans must be submitted to the city engineer for approval prior to the start of construction activity. Standards for stormwater management shall be as follows:

(1)

Specifications. At a minimum, applicants shall comply with the standards established in NPDES Construction Stormwater Permit requirements.

(2)

Design criteria. Stormwater management plans shall meet the design criteria as provided in the city's engineering design standards and the city's surface water management plan.

(3)

Maintenance agreement. The applicant shall enter into a maintenance agreement with the city that documents all responsibilities for operation and maintenance of long-term stormwater treatment BMPs. Such responsibility shall be documented in a maintenance plan and executed through a maintenance agreement. All maintenance agreements must be approved by the city and recorded at the Washington County recorder's office prior to final plan approval. At a minimum, the maintenance agreement shall describe the inspection and maintenance obligations:

a.

The responsible party who is permanently responsible for maintenance of the structural and nonstructural measures.

b.

Pass responsibilities for such maintenance to successors in title.

c.

Allow the city and its representatives the right of entry for the purposes of inspecting all permanent stormwater management systems.

d.

Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party of the permanent stormwater management system.

e.

Include a maintenance plan that contains, but is not limited to the following:

1.

Identification of all structural permanent stormwater management systems;

2.

A schedule for regular inspections, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to quality, temperature, and quantity of runoff;

3.

Identification of the responsible party for conducting the inspection, monitoring and maintenance for each practice; and

4.

Include a schedule and format for reporting compliance with the maintenance agreement to the city.

(4)

Right of entry. The issuance of a permit constitutes a right-of-entry for the community or its contractor to enter upon the construction site. The applicant shall allow the community and their authorized representatives, upon presentation of credentials, to:

a.

Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys.

b.

Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations.

c.

Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit.

d.

Inspect the stormwater pollution control measures.

e.

Sample and monitor any items or activities pertaining to stormwater pollution control measures.

f.

Correct deficiencies in stormwater and erosion and sediment control measures.

(5)

Failure to maintain practices. If a responsible party fails or refuses to meet the requirements of the Maintenance Agreement, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the storm water management facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the city shall notify the responsible party in writing. Upon receipt of that notice, the responsible party shall have 30 days to perform maintenance and repair of the facility in an approved manner. After proper notice, the city may specially assess the owner(s) of the storm water management facility for the cost of repair work and any penalties; and the cost of the work shall be assessed against the property and collected along with ordinary taxes by the county.

(f)

Search warrants. If city employees have been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.

(g)

Penalty. Any person, firm or corporation violating any provision of this section shall be fined be fined or penalized not more than the maximum levels established by the state for misdemeanor offenses or each offence, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(h)

Notice of violation. When the city determines that an activity is not being carried out in accordance with the requirements of this section, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

(1)

The name and address of the owner of applicant;

(2)

The address when available or a description of the land upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to bring the development activity into compliance with this section and a time schedule for the completion of such remedial action;

(5)

At statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and

(6)

A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of services notice of violation.

(i)

Stop work orders. Persons receiving a notice of violation will be required to halt all construction activities immediately. This stop work order will be in effect until the city confirms that the land disturbance activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this section.

(j)

Civil and criminal penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this section shall be guilty of a misdemeanor and subject to prosecution. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.

(k)

Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which may, after notice and opportunity for hearing, be specially assessed against the property and collected along with the ordinary taxes by the county.

(l)

Appeals. Any person aggrieved by the action of any official charged with the enforcement of this section, as the result of the disapproval of a properly filed application for approval, issuance of a written notice of violation, or an alleged failure to properly enforce the section in regard to a specific application, shall have the right to appeal the action to the city.

(1)

The applicant shall submit the appeal in writing and include supporting documentation.

(2)

City staff shall make a decision on the appeal within 15 business days of receipt of a complete appeal application.

(3)

The applicant may appeal the decision of city staff to the city council. This appeal must be filed with the city within 30 days of city staff's decision.

(m)

Waiver of requirements. The zoning administrator may waive certain requirements of this section when related to sites where the land disturbance is less than one acre.

(n)

Other controls. In the event of any conflict between the provisions of this section and the provisions of an erosion control or shoreland protection ordinance adopted by the city council, the more restrictive standard prevails.

(o)

Severability. The provisions of this section are severable. If any provision of this section of the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applicants of this section which can be given effect without the invalid provision or application.

(p)

Post-construction stormwater management BMP criteria. The following post-construction stormwater management BMPs must meet the following criteria:

(1)

Designed with accepted engineering practices. [MS4 General Permit Item 20.4]

(2)

Treat the water quality volume on any project where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or more acres. [MS4 General Permit Item 20.5]

(3)

For construction activity (excluding linear projects), water quality volume (calculated as an instantaneous volume) must be calculated as one inch times the sum of the new and the fully reconstructed impervious surface. [MS4 General Permit Item 20.6]

(4)

For linear projects, water quality volume (calculated as an instantaneous volume) must be calculated as the larger of one inch times the new impervious surface or one-half inch times the sum of the new and the fully reconstructed impervious surface. Where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. Volume reduction practices must be considered first. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, easements, or other permission cannot be obtained, the owner/operator of construction activity must maximize the treatment of the water quality volume prior to discharge from the City of St. Paul Park's MS4. [MS4 General Permit Item 20.7]

(5)

For non-linear projects, where the water quality volume cannot cost effectively be treated on the site of the original construction activity, the permittee must identify, or may require owners of the construction activity to identify, locations where off-site treatment projects can be completed. If the entire water quality volume is not addressed on the site of the original construction activity, the remaining water quality volume must be addressed through off-site treatment and, at a minimum, ensure:

a.

Locations that yield benefits to the same receiving water that receives runoff from the original construction activity.

b.

Locations within the same DNR catchment area as the original construction activity.

c.

Locations in the next adjacent DNR catchment area up-stream.

d.

Locations anywhere within the City of Saint Paul Park's jurisdiction.

(6)

Off-site treatment projects must be completed no later than 24 months after the start of the original construction activity. If the city determines more time is needed to complete the treatment project, the city must provide the reason(s) and schedule(s) for completing the project in the annual report.

(7)

Volume reduction techniques considered shall include infiltration, reuse and rainwater harvesting, and canopy interception and evapotranspiration and/or additional techniques included in the MIDS calculator and the Minnesota Stormwater Manual. Higher priority shall be given to BMPs that include volume reduction. Secondary preference is to employ filtration techniques, followed by rate control BMPs.

(8)

The use of infiltration techniques shall be prohibited where the infiltration practice will be constructed in any of the following areas:

a.

That receive discharges from vehicle fueling and maintenance areas;

b.

Where high levels of contaminants in soil or groundwater may be mobilized by infiltration;

c.

Where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour;

d.

With less than three feet of separation from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock;

e.

Of predominately hydrologic soil group D (clay) soils;

f.

In an emergency response area (ERA) within a drinking water supply management area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as moderate vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater;

g.

Outside of an ERA within a DWSMA classified as high or very high vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater;

h.

Within 1,000 feet upgradient or 100 feet downgradient of active karst features; or

i.

That receive stormwater runoff from these types of entities regulated under NPDES for industrial stormwater: automobile scrap yards, scrap recycling and waste recycling facilities, hazardous waste treatment, storage, or disposal facilities, or air transportation facilities that conduct deicing activities.

(9)

Where the site factors listed above limit the construction of infiltration systems, the applicant shall provide appropriate documentation to the township regarding the limitations. If the township determines that infiltration is prohibited onsite, the applicant shall consider alternative volume reduction BMPs and the water quality volume must be treated by a wet sedimentation basin, filtration system, regional ponding, or similar method prior to the release of stormwater to the city's storm sewer system and other surface waters.

(q)

Long-term maintenance. The applicant must enter into a long-term maintenance agreement with the City of Saint Paul Park that documents all responsibilities for long-term operation and maintenance of stormwater treatment practices that are not owned or operated by the City of Saint Paul Park. At a minimum, the long-term maintenance agreement must include provisions that:

(1)

Allow the City of Saint Paul Park to conduct inspections of structural stormwater BMPs not owned or operated by the City of Saint Paul Park, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the City of Saint Paul Park determines the owner of that structural stormwater BMP has not ensured proper function;

(2)

Are designed to preserve the City of Saint Paul Park's right to ensure maintenance responsibility, for structural stormwater BMPs not owned or operated by the City of Saint Paul Park, when those responsibilities are legally transferred to another party; and

(3)

Are designed to protect/preserve structural stormwater BMPs. If structural stormwater BMPs change, causing decreased effectiveness, new, repaired, or improved structural stormwater BMPs must be implemented to provide equivalent treatment to the original BMP;

(4)

The City of Saint Paul Park must maintain a written or mapped inventory of structural stormwater BMPs not owned or operated by the city that meet all of the following criteria: [MS4 General Permit Item 20.16]

a.

The structural stormwater BMP includes an executed legal mechanism(s) between the city and owners responsible for the long-term maintenance, as required in MS4 General Permit Item 20.15; and

b.

The structural stormwater BMP was implemented on or after August 1, 2013.

(r)

Permanent stormwater management system design criteria. Infiltration systems are prohibited in the following areas (See "higher level of engineering review" in the Minnesota Stormwater Manual for more information): [MS4 General Permit Item 20.9]

(1)

Areas that that receive runoff from vehicle fueling and maintenance areas regardless of the amount of new and fully reconstructed impervious surface;

(2)

Areas where infiltrating stormwater may mobilize high levels of contaminants in soil or groundwater. To make this determination, the owners and/or operators of construction activity must complete the agency's site screening assessment checklist, which is available in the Minnesota Stormwater Manual, or conduct their own assessment. The assessment must be retained with the site plans;

(3)

Within a drinking water supply management area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13, if the system will be located:

a.

In an emergency response area (ERA) within a DWSMA classified as having high or very high vulnerability as defined by the Minnesota Department of Health; or

b.

In an ERA within a DWSMA classified as moderate vulnerability unless a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater has been approved by the City of Saint Paul Park; or

c.

Outside of an ERA within a DWSMA classified as having high or very high vulnerability unless a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater has been approved by the City of Saint Paul Park.

(s)

Minnesota Stormwater Manual. All volume control for water quality and quantity and site design specifications shall conform to the current version of the Minnesota Stormwater Manual.

(t)

Site erosion and sediment control requirements. All erosion and sediment control and waste control requirements shall conform to the current requirements of NPDES/SDS construction stormwater general permit.

(Ord. No. 716, § 2, 4-20-15; Ord. No. 772, 10-21-24)