A.   Public Welfare Protected: No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises.

   B.   Compliance With Standards: All land uses, whether permitted or conditionally permitted will conform with the standards set forth here in this chapter in addition to conforming with the standards found in the zoning district sections. (Ord. 15, 2nd Series, 2-26-1992)

Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved. (Ord. 15, 2nd Series, 2-26-1992)

Where public sewers exist, development shall utilize them. Where sewers are not constructed or in operation, all sewage facilities shall be connected to approved septic tanks and disposal fields in conformance with Minnesota Pollution Control Agency Individual Sewage Treatment Standards. No tiles, sump pumps, roof gutters or other stormwater collection device shall be connected to the community sanitary sewage facilities. (Ord. 15, 2nd Series, 2-26-1992)

No vibration shall be permitted which is discernible without instruments on any adjoining lot or property. The standard shall not apply to vibrations created during the process of construction. (Ord. 15, 2nd Series, 2-26-1992)

No pollution of air by fly-ash, dust, vapors, odors, smoke, or other substances shall be permitted which are harmful to health, animals, vegetation, or other property, or which can cause excessive soiling. For the purpose of this title, the regulations and standards adopted by the Minnesota Pollution Control Agency shall apply. (Ord. 15, 2nd Series, 2-26-1992)

All waste material, debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse. (Ord. 15, 2nd Series, 2-26-1992)

No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. (Ord. 15, 2nd Series, 2-26-1992)

The following regulations shall apply to all signs and all use districts:

   A.   Identification, Directional Or Traffic-Control Signs: Only official identification, directional or traffic-control signs shall be allowed within the public right-of-way.

   B.   Unacceptable Signs: No sign shall be permitted on rocks, trees, or on any public utility pole.

   C.   Advertising Signs: Any advertising sign which is not kept in a reasonable state of repair shall be removed by the City after notice to the owner of the sign and like notice to the property owner and hearing thereon.

   D.   Prohibited Lighting: No sign shall be permitted which gives off an intermittent or rotating beam of light.

   E.   Temporary Signs: Temporary signs must be removed when the occasion, real estate sale or election is complete. (Ord. 15, 2nd Series, 2-26-1992)

All the following shall apply in order to qualify as a home occupation:

   A.   Allowable Space: Maximum floor use of five hundred (500) square feet.

   B.   Employees: No more than one person outside of household employed.

   C.   Traffic Generated: No more than four (4) vehicle trips per day of extra traffic.

   D.   Nuisance Avoided: No noise, vibration, glare, fumes, odors, or electrical interference detectable off premises.

   E.   Identification: No signs other than house number and name of resident as commonly found on mailboxes.

   F.   Zoning Compliance: No other outside appearances other than what is normally allowed in the zone. (Ord. 15, 2nd Series, 2-26-1992)

All of the following shall apply in order to qualify as a residential business:

   A.   Floor Area: Maximum floor area of one thousand five hundred (1,500) square feet.

   B.   Employees: No more than three (3) persons outside of home employed.

   C.   Traffic Generated: No more than twenty (20) vehicle trips per day of extra traffic.

   D.   Identification: No signs other than one identification sign no greater than sixteen (16) square feet in size.

   E.   Considerations Addressed: In reviewing the conditional use permit, the City shall also consider any noise, vibration, glare, fumes, odors, sight, electrical interference that would adversely affect permitted uses in the vicinity. If an adverse effect is determined to result from the proposed use, then the proposal shall be denied or the adverse effect should be eliminated or mitigated. This may include special conditions attached to the use permit including, but not limited to: hours of operation, parking standards, extra setbacks for buffer, screening and fencing. (Ord. 15, 2nd Series, 2-26-1992)

The following standards shall apply in the Shoreland Zone:

   A.   Individual Septic Systems And Water Supply:

      1.   All septic systems not in conformity with this title and MPCA Rule chapter 7080 shall be brought into conformity prior to issuance of any permit or variance related to the site.

      2.   All septic systems not in conformity with this title and MPCA Rule chapter 7080 shall be upgraded within one year of the passage of this title to conform to the provision hereof and MPCA Rule chapter 7080.

      3.   Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

      4.   Private wells must be located, constructed, maintained, and sealed in accordance with or in a more thorough manner than the Water Well Construction Code of the Minnesota Department of Health.

   B.   Water-Oriented Accessory Structures: Each lot may have one water-oriented accessory structure not meeting the normal structure setback in this title if this water-oriented accessory structure complies with the following provisions:

      1.   The structure or facility must not exceed ten feet (10') in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks must not exceed eight feet (8') above grade at any point;

      2.   The setback of the structure or facility from the ordinary high water level must be at least ten feet (10');

      3.   The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;

      4.   The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;

      5.   The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and

      6.   As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to four hundred (400) square feet provided the maximum width of the structure is twenty feet (20') as measured parallel to the configuration of the shoreline.

   C.   Stairways, Lifts, And Landings; Design Requirements: Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:

      1.   Stairways and lifts must not exceed four feet (4') in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments;

      2.   Landings for stairways and lifts on residential lots must not exceed thirty two (32) square feet in area. Landings larger than thirty two (32) square feet may be used for commercial properties, public open space recreational properties, and planned unit developments;

      3.   Canopies or roofs are not allowed on stairways, lifts, or landings;

      4.   Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;

      5.   Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical; and

      6.   Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas; provided, that the dimensional and performance standards of subsections C1 to C5 of this section are complied with in addition to the requirements of Minnesota Regulations, chapter 1340.

   D.   Significant Historic Sites: No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

   E.   Steep Slopes: The City must evaluate possible erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, condition must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

   F.   Vegetation Alterations:

      1.   Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by this title are exempt from the vegetation alteration standards that follow.

      2.   Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in this title is allowed subject to the following standards:

         a.   Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable if an erosion control and sedimentation plan is developed and approved by the Soil and Water Conservation District in which the property is located.

         b.   In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities; provided, that:

            (1)   The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions are not substantially reduced;

            (2)   Along rivers, existing shading of water surface is preserved; and

            (3)   The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.

         c.   Use of fertilizer and pesticides in the Shoreland Management District must be done in such a way as to minimize runoff into the shore impact zone or public water by the use of earth, vegetation, or both.

   G.   Topographic Alterations/Grading And Filling:

      1.   Construction Permits: Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate permit. Grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.

      2.   Requirements: Notwithstanding subsection G1 of this section, a grading and filling permit will be required for:

         a.   The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and

         b.   The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones.

      3.   Considerations And Conditions: The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:

         a.   Grading or filling in any Type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland:

            (1)   Sediment and pollutant trapping and retention;

            (2)   Storage of surface runoff to prevent or reduce flood damage;

            (3)   Fish and wildlife habitat;

            (4)   Recreational use;

            (5)   Shoreland or bank stabilization; and

            (6)   Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.

         b.   Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

         c.   Mulches or similar material must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;

         d.   Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;

         e.   Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local Soil and Water Conservation Districts of the United States Soil Conservation Service;

         f.   Fill or excavated material must not be placed in a manner that creates an unstable slope;

         g.   Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty percent (30%) or greater;

         h.   Fill or excavated material must not be placed in bluff impact zones;

         i.   Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under Minnesota Statutes section 103G.245;

         j.   Alterations of topography must only be allowed if they are permitted or conditional uses and do not adversely affect adjacent or nearby properties; and

         k.   Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet (3') horizontal to one foot (1') vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3').

      4.   Connections To Public Waters: Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.

   H.   Placement And Design Of Roads, Driveways, And Parking Areas:

      1.   Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local Soil and Water Conservation District, or other applicable technical materials.

      2.   Roads, driveways, and parking areas must meet structure setback and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.

      3.   Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones, provided the vegetative screening and erosion control conditions of this subsection are met. For private facilities, the grading and filling provisions of this title must be met.

   I.   Stormwater Management: The following general and specific standards shall apply:

      1.   General Standards:

         a.   When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

         b.   Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

         c.   When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.

      2.   Specific Standards:

         a.   Impervious surface coverage of lots must not exceed twenty five percent (25%) of the lot area.

         b.   When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local Soil and Water Conservation Districts.

         c.   New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

   J.   Agricultural Use Standards: General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local Soil and Water Conservation Districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and fifty feet (50') from the ordinary high water level.

   K.   Conditional Uses: Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community-wide. The following additional evaluation criteria and conditions apply with shoreland areas:

      1.   Evaluation Criteria: A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure:

         a.   The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

         b.   The visibility of structures and other facilities as viewed from public waters is limited;

         c.   The site is adequate for water supply and on-site sewage treatment; and

         d.   The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

      2.   Conditions Attached To Conditional Use Permits: The City, upon consideration of the criteria listed above and the purposes of this title shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this title. Such conditions may include, but are not limited to, the following:

         a.   Increased setbacks from the ordinary high water level;

         b.   Limitations on the natural vegetation to be removed or the requirements that additional vegetation be planted; and

         c.   Special provisions for the location design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

   L.   Subdivision/Platting Provisions:

      1.   Land Suitability: Each lot created through subdivision, authorized under this title, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.

      2.   Consistency With Other Controls: Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly-owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with this title and MPCA chapter 7080 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two (2) standard soil treatment systems, where public sewer is unavailable. Lots that would require use of holding tanks must not be approved.

      3.   Information Requirements: Subdivision applications will include the following information:

         a.   Topographic contours at ten foot (10') intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics;

         b.   The surface water features required in Minnesota Statutes section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;

         c.   Adequate soils information to determine suitability for building and on site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;

         d.   Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; and

         e.   Location of 100-year floodplain areas from existing maps or data. (Ord. 15, 2nd Series, 2-26-1992)

All manufactured home parks shall be in conformance with Minnesota State Statutes and Minnesota Department of Health Regulations. Additionally the following standards shall apply:

   A.   Lots Combined: Substandard lot (or pad) sizes shall be combined if necessary to accommodate newer manufactured homes.

   B.   Location: Manufactured home parks shall be located such that the traffic can be directly handled by a State/County highway or a City arterial street.

   C.   Structure Setback: There shall be a one hundred foot (100') structure setback from property lines adjacent to residential zoned areas.

   D.   Separation Requirements: Required minimum separation requirements between the homes and all added structures except uncovered decks no higher than one foot (1') from the ground grade:

      Side separation - Twenty feet (20').

      End separation - Ten feet (10').

   E.   Minimum Site Size: Five (5) acre minimum site size. (Ord. 15, 2nd Series, 2-26-1992)

   A.   Side Wall: In a residential and multiple dwelling zone or in any zone with a lot with a residential dwelling, garages constructed or altered after the effective date of this title may have a side wall of not more than ten feet eight inches (10'8") in height. The ten foot eight inch (10'8") side wall is measured from the floor of the garage to the top plate. (Ord. 32, 2nd Series, 12-5-1995)

   B.   Size Limitation: A garage may be eight hundred forty (840) square feet in size or ten percent (10%) of the lot size up to one thousand eight (1,008) square feet. No more than one structure not attached to a house will be allowed in the event an eight hundred forty (840) to one thousand eight (1,008) square foot garage is constructed or located on a lot. The total square footage of outbuildings on a lot will be limited to eight hundred forty (840) square feet or ten percent (10%) of the lot size up to one thousand eight (1,008) square feet. (Ord. 70, 2nd Series, 11-6-2001)

   C.   Satellite Dishes And Solar Panels: Satellite dishes and solar panels must comply with building setback requirements. Satellite dishes must be behind main structures on lots. (Ord. 32, 2nd Series, 12-5-1995)

   D.   Residential Setbacks: Residential setbacks apply in a commercial zone when there is a residential neighbor. This applies to commercial and residential structures. (Ord. 11, 2nd Series, 5-7-1991)

   A.   The following definitions shall apply to this section:

   FENCE: Any barrier constructed of rails, timbers, wires, boards, stone walls, hedge, metal or any combination of those materials or any materials which the fence viewers decide are equivalent to these materials.

   HEDGE: A dense row of shrubs forming a boundary.

   SPLIT RAIL FENCE: A fence consisting of vertical posts not greater than thirty six inches (36") in height connected by not more than two (2) horizontal rails that are not greater than six inches (6") in width with the top of horizontal rails being no higher than thirty inches (30").

   B.   All fences shall be constructed or erected in a complete and substantial manner and of materials reasonably suited to the purpose for which the fence is proposed. A fence shall be maintained in a condition of reasonable repair and shall not be constructed or maintained in a manner that is dangerous to the public health, safety, or welfare. All fences whether constructed, erected, or replaced shall comply with this section. No barbwire or electric fences or similar special purpose fences shall be allowed without a conditional use permit from the City.

   C.   All front yard fences are prohibited, except on corner lots, which constitute two (2) front yards. On a corner lot one of the front yards shall be considered a side yard as determined by the City. On the side yard as determined, a fence may be constructed with a twenty five foot (25') setback (same as for building setback). Decorative corners on corner lots such as split rail or plantings are allowed as long as they are less than twenty feet (20') in both directions, do not exceed thirty inches (30") in height and do not constitute a traffic hazard and visibility hazard as determined by the Chief of Police. No fence shall constitute a traffic hazard.

   D.   All fences which are constructed, replaced, or erected will require a building permit. A building permit shall be prepared and submitted to the City on such form as the City may prescribe accompanied by any fee which the City may establish by resolution.

   E.   No fences shall be constructed or erected higher than six feet (6') except where residential adjoins commercial or industrial property where an eight foot (8') fence may be constructed or erected.

   F.   All fences shall be constructed, erected, or maintained at least two feet (2') off all alley right-of-ways. No fence shall be constructed, erected, or maintained on utility easements.

   G.   Side yard fences shall be constructed, erected, and maintained at least twelve inches (12") from the adjoining property. The finished side of all fences shall face the adjoining property or right-of-way. A survey may be required by the City before placing a fence within twelve inches (12") of the adjoining property or right-of-way. Survey costs are the responsibility of applicant. No survey will be required if the fence is to be located on or within twelve inches (12") of the adjoining property or right-of- way and the owners of the adjoining property or right-of-way have entered into a written agreement approving the proposed location of the fence. Such written agreement must be recorded in the Office of the County Recorder, Brown County, Minnesota.

   H.   All fences shall conform to the City on adopted Building Code.

   I.   All fences which are presently in violation of these regulations will be allowed to continue unless more than twenty percent (20%) of the fence is repaired, replaced or reconstructed. Current fences that are determined by the Chief of Police to be considered a potential threat to public health or safety shall be removed or changed to comply with this section after the property owner has been given the right to be heard by the City Council. (Ord. 79, 2nd Series, 5-10-2005)