Screening of parking areas shall be required and be properly maintained in all zoning use districts where any off-street parking area contains more than six parking spaces and is within 30 feet of an adjoining residential district and where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential use or district. Where any business or industrial use, i.e., structure, parking, or storage, is adjacent to property zoned for residential use, that business or industry shall provide screening along the boundary of residential property. The type of screening required in this section shall be as determined by the zoning administrator.

(Code 1992, § 1500.05, subd. 8; Ord. No. 1431, § 20, 2-3-2025)

(a)

Manufactured homes may be located in a residential district subject to the conditions set out in this section:

(1)

Manufactured homes shall comply with all zoning regulations for the district in which they are located;

(2)

A building permit and any other required permits shall be obtained for manufactured homes;

(3)

No manufactured homes shall have a ground floor area of less than 800 square feet;

(4)

No manufactured home shall have a width of less than 24 feet at its narrowest point;

(5)

A manufactured home shall be placed on a permanent foundation with perimeter frost footings which comply with the state building code and which are solid for the complete circumference of the home;

(6)

A manufactured home shall have exterior siding extending from within six inches of the finished grade; such siding shall be of a conventional exterior dwelling type material similar to that used on other homes;

(7)

A manufactured home shall have a sloped roof of three on one covered with shingles or tile and soffit of not less than six inches; and

(8)

A manufactured home shall be built in compliance with Minn. Stats. §§ 327.31—327.35.

(b)

This section has no application to manufactured homes built in compliance with the state building code or to manufactured homes located in a mobile home district.

(Code 1992, § 1500.05, subd. 9)

Except in the case of planned unit developments, as provided for herein, not more than one principal building shall be located on a single lot unless a zoning provision explicitly allows for the co-location of multiple principal buildings on one lot by conditional use permit.

(Code 1992, § 1500.29, subd. 11; Ord. No. 1432, § 3, 3-3-2025)

City, school district, state, federal, county, and other public parks and playgrounds are to be developed in accordance with official public plans as may be on file with the city.

(Ord. No. 1411, § 15, 8-21-2023)

(a)

On a corner lot, nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets within 15 feet of such intersection.

(b)

In residential zoning districts, off-street parking, structures of any type, buildings, or other improvements shall cover no more than 75 percent of the lot areas. The landscaped portion of the lot shall not be less than 25 percent of the entire lot as a result of permitted encroachments on required yards.

(Code 1992, § 1500.29, subd. 13; Ord. No. 1379, § 1, 5-3-2021)

Fences may be allowed in any district and are subject to the following:

(1)

Permit required. No person, firm or corporation shall construct, erect or replace a fence without first obtaining a fence permit from the zoning administrator. The plans submitted with the fence permit application should include the location of the property lines, the proposed location of the fence, the proposed fencing material, and the height of the proposed fence.

(2)

Property owners shall be responsible for verifying their property lines by locating their property irons. If the irons cannot be located, the property owner shall provide the city with either a notarized consent form signed by the adjacent property owner(s) agreeing to the location of the common property line(s) or a survey showing the location of the property line.

(3)

All fences shall be kept in good repair, painted, and well maintained.

(4)

The side of the fence considered to be the face (finished side as opposed to structural supports) must face the abutting property.

(5)

Fencing material is "opaque" to the extent it screens the yard from public view.

(6)

Fence height is measured from finished grade.

(7)

Materials:

a.

The following materials are approved for fence construction, design, and maintenance:

i.

Aluminum;

ii.

Brick;

iii.

Chain link with approved posts and cap;

iv.

Composite fencing (i.e. Trex);

v.

Masonry;

vi.

Steel;

vii.

Wood;

viii.

Wrought iron;

ix.

Vinyl/PVC;

b.

The following material are not approved for fence construction, design, and maintenance:

i.

Barbed wire (except for security fences around power substations and airports).

ii.

Chain link fence wrap.

iii.

Farm fence of any kind, which includes, but is not limited to woven or welded wire, chicken wire, plastic deer fence, snow fence, steel bar fence, and similar type fencing, except as allowed for community gardens.

iv.

T-posts and poles.

v.

Wood, plastic, vinyl or other types of slats when used in combination with a chain link fence that is located in the front yard of a property (from any front lot line to the front building line).

vi.

Galvanized or corrugated metal privacy fencing for a residential property.

(8)

Location standards applicable in all zoning districts.

a.

Fences may be placed up to a property line.

b.

Fences may be placed in easements with the approval of the city engineer so long as the placement will not impede the flow of water or access to the easement. If the city needs to utilize the easement, the fence will be removed and relocated at the expense of the property owner. In addition, the city is not responsible or liable for the reinstallation of any fence removed from the easement.

c.

Fences are prohibited from being placed within public right-of-way, except through an encroachment agreement.

d.

No fence exceeding two and one-half feet in height shall be constructed or maintained within a distance of 15 feet from the intersecting street right-of-way lines of a corner lot in accordance with section 118-246(c).

(9)

Height residential districts.

a.

Fences in the front yard (from the front lot line to the front building line) shall not exceed 42 inches in height unless the fencing material is 50 percent opaque or less. When the fencing material is 50 percent opaque or less, the fencing may not exceed 48 inches in height.

b.

Fences in the side and rear yards (from the front building line to the rear lot line) shall not exceed more than six feet in height.

c.

On a corner lot, fences along the side lot line abutting the street shall not exceed six feet in height, except if the primary door of the residence faces the side lot line, the fence shall not exceed 42 inches in height unless the fencing material is 50 percent opaque or less. When the fencing material is 50 percent opaque or less, the fencing may not exceed 48 inches in height.

d.

On a corner lot where the rear lot line of a lot is common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard setback of the abutting lot shall not be fenced to a height of more than 42 inches unless the fence material is 50 percent opaque or less. When fencing material is 50 percent opaque or less, the fencing may not exceed 48 inches in height.

e.

In the event that a deck, portico, porch, or similar structural feature is located on the front of the principal building, the front building line for the purposes of regulating fence height shall be the front of the main structure, not the front of the deck, porch, or portico.

(10)

Height commercial and industrial districts.

a.

Fences located in the CGMU, C-1, and MMM districts are subject to the same fence height and location standards as a property located in a residential district unless stated otherwise in this ordinance or in a specific zoning district ordinance. Commercial properties with multiple frontages that each qualify as front yards must follow front yard fencing requirements in each of these yards unless the fence is being provided as required screening along a shared property line in compliance with a site plan approval or the fence is otherwise allowed by conditional use permit.

b.

Fences for single-family homes, two-family homes, and three-family homes located in commercial or mixed-use zoning districts shall follow the same standards that are in place for two-family homes in the R-2 zoning district.

c.

Fences located in the Industrial and Light Industrial districts may be up to eight feet in height in any required yard.

1.

Any fencing located in a required or actual front yard may not be made of an opaque material unless approved by conditional use permit. In such cases, the applicant shall be required to submit a landscaping plan and shall provide a landscaped buffer area outside of the fence which must include shrubs, trees, or other decorative vegetation.

2.

Fences which are set back at least as far from any street right-of-way as the principal building may be allowed to exceed eight feet in height by conditional use permit if it can be demonstrated that additional height is necessary to fulfill the fence's intended function.

d.

Fences located on a property in the general business district shall adhere to the same fence location and height standards as a property located in a residential district. Conditional uses in the GB district that have an industrial or exterior storage component may be allowed to have up to an eight-foot fence as a component of their conditional use permit approval if such fencing is deemed necessary for adequately screening the use.

(11)

Special circumstances.

a.

Fences required for enclosures around swimming pools shall be in accordance with section 118-255.

b.

Fences used for backstops for ballfields at public parks and playgrounds are exempt from the fence height requirements of this section.

c.

Fences around tennis courts shall be in accordance with section 118-260.

d.

Fences around community gardens for wildlife management must meet the following criteria:

1.

The garden is larger than 5,000 square feet;

2.

The garden is used by more than six users;

3.

The garden is not located on the same property as a single-family residence;

4.

The fence is no higher than eight feet;

5.

The fence is not electrified;

6.

The fence is made out of a material that complies with this section, except that plastic deer fencing and welded/woven wire are considered permitted materials around a community garden.

e.

Fences as required around an airport for the security or wildlife control shall be in accordance with the Federal Aviation Administration (FAA) regulations.

f.

An opaque fence around an outdoor play area for a school, church, or day care center located in a residential or commercial district can be up to four feet in height when located in a front yard. This provision shall not apply to group family day cares or any church or school that does not meet the City Code's definition of an institutional use.

g.

Dumpster enclosures may be located in any location that permits a dumpster enclosure, even when they are constructed with fencing materials. Dumpster enclosures located in a front yard or street side yard may not be constructed out of chain link fencing with privacy slats even if this material is generally allowed in the underlying zoning district.

(Ord. No. 1392, § 1, 5-2-2022; Ord. No. 1408, § 4, 6-5-2023)

Editor's note— Ord. No. 1392, § 1, adopted May 2, 2022, amended § 118-199, and in so doing changed the title of said section from fences and walls to read as set out herein.

Essential services, as defined herein, shall be permitted as authorized and regulated by state law, this chapter, and all applicable codes of the city.

(Code 1992, § 1500.29, subd. 15)

Areas annexed to the city shall be appropriately zoned in accordance with the comprehensive municipal plan at the time of annexation. Pending official zoning action by the city council, all annexed land shall be considered as zoned residential (R-1).

(Code 1992, § 1500.29, subd. 16)

Land reclamation, as defined herein, shall be permitted only by conditional use permit in all districts.

(Code 1992, § 1500.29, subd. 17)

Mining, as defined herein, shall be permitted only by conditional use permit.

(Code 1992, § 1500.29, subd. 18)

Upon application for a building permit, a detailed site and development plan shall be submitted indicating conformance with regulations of this chapter. Plan submission requirements shall be as noted herein and as may be requested by the zoning administrator.

(Code 1992, § 1500.29, subd. 19; Ord. No. 1431, § 21, 2-3-2025)

A temporary asphalt/concrete recycling use may be permitted in any zoning district as a component of an approved public improvement project. The use shall require an interim use permit and shall be subject to the following requirements:

(a)

The temporary asphalt/concrete recycling operation must be located upon public land.

(b)

The use must be part of an approved public improvement project and shall terminate at the completion of that project.

(c)

Only materials directly related to the public improvement project may be recycled on the public land. No outside materials may be brought to the public land for crushing or storage.

(d)

The city may place conditions on the interim use permit relating to hours of operation, noise, dust control, erosion control, site access, and other logistical considerations as deemed appropriate.

(Ord. No. 1373 § 1, 3-1-2021)

(a)

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

Airport means the Fleming Field Municipal Airport.

Airport elevation means the established elevation of the highest point of the useable landing area. This elevation has been established to be 820 feet, mean sea level datum.

Airport hazard means any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.

Airport reference point means the point established as the appropriate geographical center of the airport landing area and so designated.

Height means, for the purpose of determining the height limits or elevations, in all zones set forth in this section and shown on the zoning map; the datum shall be mean sea level elevation unless otherwise specified.

Structure means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.

Tree means any object of natural growth.

(b)

Approach zones.

(1)

Primary surface. A primary approach surface is a 500-foot-wide surface longitudinally centered on the runway and which extends 200 feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

(2)

Noninstrument approach surface. A noninstrument approach surface is established at each end of all noninstrument runways for noninstrument landings and takeoffs. The noninstrument approach surface shall have a width of 500 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2,500 feet at a distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

(3)

Height limitations. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet of horizontal distance measured from the edge of all approach surfaces for the entire length of the approach surface and extending upward and outward to the points where they intersect the horizontal or conical surfaces.

(4)

Horizontal surface. One hundred feet above the airport elevation or a height of 920 feet, mean sea level datum.

(5)

Conical surface. One foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal surface extending outward to a distance of 5,000 feet and upward to a height of 350 feet above the airport elevation, or a height of 1,170 feet, mean sea level datum.

(c)

Turning zones. An airport turning zone is hereby established which shall consist of the areas between each of the airport approach zones and the outer area of the approach zone where the glide ratio exceeds 150 square feet, except those areas included within the transition zone. The outer boundary of the turning zone shall be a series of intersecting arcs completely around the airport, each arc being swung on a two-mile radius from the midway point of the inner boundary of each airport approach zone, but in any event limited to that part thereof in the county.

(d)

Transition zone. A transition zone is hereby established which shall consist of the area described as follows:

(1)

Beginning with a line running parallel to and 250 feet from the centerline of such runway, and from such line extending upward at a slope of seven to one until a height of 150 feet is reached.

(2)

Beginning at the edge of the approach zone to each runway and extending upward from the top of such approach zone at a slope of seven to one until a height of 150 feet is established.

All zones established by this subsection shall be indicated on a map on file in the city clerk's office and shall not change except upon specific amendment to this subsection.

(e)

Height zones. Except as otherwise provided in this subsection, no structure shall be constructed, altered, or maintained, and no tree shall be allowed to grow to a height above the level of the airport in excess of the height limit in any airport approach, turning, or transition zone. The following height limits are hereby established:

(1)

Airport approach zones to each runway. One foot in height for each 20 feet in distance from the nearest point on the shortest boundary of such zone.

(2)

Airport turning zones. One hundred fifty feet in height in the area described in the turning zone.

(3)

Transition zone. One foot in height for each seven feet in distance in the area described in the transition zone up to a height of 150 feet.

Provided that in no event shall a height limit be less than 20 feet above the control level in any zone, regardless of the height limitations of this subsection. However, any point beyond 1,000 feet from the airport boundary uses otherwise permissible may be made up to 50 feet above the ground level, regardless of the height limitations.

(f)

Other restrictions. Notwithstanding the provisions of subsection (e) of this section, no use may be made of land in an airport approach or turning zone in such a manner as to create electrical interference with radio communication between the airport and aircraft. Use of searchlights or other types of light in such a way as to make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft is prohibited.

(g)

Nonconforming uses. The regulations prescribed in subsections (e) and (f) of this section shall not be construed to require the removal, lowering, or other change or alteration of any nonconforming use except as otherwise provided in this subsection. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, or replanted, a permit shall be secured authorizing such replacement, change, or repair. No such permit shall be granted that would allow the structure or tree to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted. Whenever the city engineer determines that a nonconforming structure or tree has been abandoned or more than 50 percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations, and whether application is made for a permit under this subsection or not, the city engineer may by appropriate action compel the owner of the nonconforming structure or tree, at his own expense, to lower, remove, reconstruct, or equip such object as may be necessary to conform to the regulations. If the owner of the nonconforming structure or tree shall neglect or refuse to comply with such order after ten days' notice thereof, the city engineer may proceed to have the object so lowered, removed, reconstructed, or equipped, and assess the cost and expense thereof upon the object or the land whereon it is or was located. Unless such an assessment is paid within 90 days from the service of notice thereof on the agent or owner of such object or land, the sum shall bear interest at the rate of eight percent per annum until paid, and shall be collected in the same manner as are general taxes. Except as indicated herein, all applications for permits for replacement, change, or repair of nonconforming uses shall be granted.

(h)

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or otherwise use property not in accordance with this subsection may apply to the airport board of adjustment for a variance from the regulation in question. A variance may be allowed where a literal application of enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, do substantial justice, and be in accordance with the spirit of the regulations; provided that any variance may be allowed subject to any reasonable conditions that the board may deem necessary to effectuate the purpose of this subsection.

(i)

Building zone permits. No material change shall be made in the use of land, no structure shall be erected, altered, or moved, and no tree shall be planted in any zone created in this subsection within 1,000 feet of the airport boundary, or, if over 50 feet in height and beyond 1,000 feet of the airport boundary, without a permit therefor. Application for such a permit shall be made to the city engineer and shall indicate the use for which the permit is desired, with sufficient particularity to permit determination whether such use would conform to the regulations herein prescribed. If such determination is in the affirmative, the city engineer shall issue the permit applied for.

(j)

Hazard warnings. Any permit or variance granted under this subsection may, if such action is deemed advisable to effectuate the purposes of this subsection and reasonable in the circumstances, be so conditioned as to require the city, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

(k)

Board of adjustment. An airport board of adjustment is established and continues consisting of the airport board established and described in this Code. The board shall have and exercise the powers set out in this subsection and subsections (l) through (n) of this section.

(1)

The board may hear and decide appeals from any order, requirements, decision, or determination made by the engineer in the enforcement of the airport zoning regulations.

(2)

The board may hear and decide any special exception to the terms of the airport zoning regulations upon which the board may be required to pass under such regulations.

(3)

The board may hear and decide specific variances under subsection (h) of this section.

The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirements, decision or determination of the city engineer, or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in such regulations.

(l)

Board procedures. The board shall adopt rules in accordance with the provisions of this subsection. Meetings shall be held at the call of the chair and at such other times as the board may determine. The chairperson or, in the absence of the chairperson, the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be made public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official action, all of which shall immediately be filed in the office of the city clerk and shall be a public record.

(m)

Administration. The city engineer shall enforce this section through appropriate legal channels. Applications for permits and variances shall be made to the engineer. Those applications that are by this subsection to be decided by the engineer shall be promptly considered and granted or denied by the engineer. Applications for action by the board shall be transmitted forthwith by the city engineer to the board for hearing and decision.

(n)

Appeals and review. Any person aggrieved, or taxpayers affected by any decision of the city engineer made in the administration of this section, or the city council when it is the opinion that a decision of the engineer is an improper application of airport zoning regulation of concern to the city council, may appeal to the board in accordance with Minn. Stat. § 360.068. Any person aggrieved or taxpayer affected by any decision of the board or the city council when it is of the opinion that a decision of the board is illegal may secure judicial review of such decision in the manner provided by Minn. Stat. § 360.072.

(Code 1992, § 1500.31, subds. 1—14)

State Law reference— Airport zoning, Minn. Stat. § 360.061 et seq.

Editor's note— Ord. No. 1263, § 1, adopted November 19, 2012, repealed § 118-207, which pertained to institutions and derived from the Code of 1992, § 1500.32, subds. 1—8. Similar provision can be found in § 118-274.

The requirements and regulations specified in this chapter shall be subject to the following:

(a)

Purpose. The purpose of this section is to regulate the number size, location and appearance of all buildings accessory to and detached from principal buildings on lots within the city. These regulations shall apply to all detached structures, including but not limited to garages, carports, storage buildings, gazebos, screen houses, play houses, and similar structures.

(b)

Number.

(1)

All residential zoning districts: Up to three detached accessory structures are allowed as follows:

a.

One detached garage, intended or capable of providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted unless an interim use permit has been obtained in accordance with the standards contained in section 118-249, home occupations. If there is an attached garage, a detached garage may only be allowed by conditional use permit.

b.

One detached shed or other accessory storage building which cannot be used as a garage.

c.

One additional detached accessory building such as a greenhouse or a gazebo, which cannot be used as a garage or for storage.

(2)

All other districts:

a.

One per principal building.

(c)

Location.

(1)

All zoning districts:

a.

All accessory buildings must be located on the same lot as the principal building.

b.

No accessory building shall be located nearer to the front lot line than the principal building on that lot.

c.

The required setbacks shall apply to all types of corner lots and accessory buildings shall adhere to any front or side setbacks as may be applicable to any principal building on such lots from both streets.

d.

The minimum distance between the principal building and a detached accessory building shall be determined by the Minnesota State Building Code.

e.

No detached accessory building shall be placed within ten feet of any dwelling unit on an adjacent lot.

f.

No accessory buildings shall be located within utility and drainage easements. It is the owner's responsibility to verify the location of the property lines.

(2)

All residential zoning districts:

a.

Side yard setbacks:

i.

Accessory buildings in a residential district must be located at least five feet from the side lot line in the front two-thirds of the lot and three feet in the rear one-third of the lot. The required side yard may be eliminated in a situation where adjoining property owners construct a detached garage sharing a common wall which is located in the rear one-third of both lots. Accessory buildings and projections (soffits or overhang) located less than five feet from the property line are subject to additional fire separation requirements from the Minnesota State Building Code.

ii.

An accessory buildings must be located at least nine feet from the street side property line on a corner lot.

iii.

When an alley runs parallel to a side property line, a garage with an entrance facing said alley must be set back at least eight feet from the alley right-of-way line.

b.

Rear yard setback:

i.

A garage shall have a setback from the rear property line of not less than three feet unless the entrance faces an alley. If the entrance faces an alley, then the garage shall be set back no less than eight feet from the alley right-of-way line. Buildings and projections (soffits or overhang) located less than five feet from a common property line are subject to additional fire separation requirements from the Minnesota State Building Code.

ii.

All other accessory buildings shall be set back at least three feet from the rear property line. Buildings and projections (soffits or overhang) located less than five feet from a common property line are subject to additional fire separation requirements from the Minnesota State Building Code.

c.

Setbacks for through lots:

i.

The minimum setback from the rear street of a through lot shall be 30 feet.

(3)

All other districts:

a.

Accessory buildings in the business, mixed-use, and industrial districts may be located to the rear of the principal building, subject to rear setbacks, the Minnesota State Building Code and any fire separation requirements.

b.

No accessory building in the industrial district shall be located less than ten feet from a rear or side lot line unless otherwise provided for herein.

(d)

Maximum height.

(1)

All residential zoning districts:

a.

Garages or any accessory structure intended to or capable of storing vehicles:

i.

No detached garage shall exceed one story. As used in this subsection, the word "story" means the portion of the garage between the surface of the floor and the roof above.

ii.

No part of a garage shall exceed a height of 16 feet, measured from the garage floor to the highest point on the roof.

iii.

The exterior side walls of a garage shall not exceed ten feet in height. This measurement shall be taken at the exterior intersection of the wall and the roof rafters for a hip, gable, gambrel, mansard, or flat roof. For a shed roof, this measurement shall be taken at the low eave side.

b.

All other accessory buildings:

i.

The height of a detached building shall not exceed 12 feet. If attached, the structure shall not exceed the height of the principal building.

(2)

All other districts:

a.

No accessory building in a business, mixed-use or industrial district shall exceed the height of the principal building except by conditional use permit.

(e)

Maximum size.

(1)

Single- and two-family residential dwellings in any zoning districts:

a.

Detached garages or any accessory structure intended to or capable of storing vehicles:

i.

The maximum size for a garage shall be 1,000 square feet.

b.

All other detached accessory buildings:

i.

Structures larger than 200 square feet shall require a conditional use permit.

c.

The maximum allowable size for all detached accessory buildings combined (garages and other accessory buildings) is 1,200 square feet.

(2)

All other uses:

a.

Accessory buildings shall not exceed the footprint to the principal building to which they are accessory.

b.

Accessory buildings larger than 200 square feet shall require a conditional use permit unless a different process for review is provided in a specific zoning district.

(f)

Construction and finish.

(1)

All zoning districts:

a.

All accessory buildings shall require a surfaced floor, except greenhouses.

b.

Accessory buildings shall be anchored to a concrete slab, or otherwise securely fastened to the ground by other methods approved by the building inspection department.

c.

Exterior materials and finish must match or complement the exterior finish of the principal structure in material, color and texture. Exterior surfaces of all accessory buildings shall be maintained in new or like new condition, free from cracked and peeling paint, rusting and deteriorating materials.

(2)

All residential zoning districts:

a.

If constructed of metal, the accessory structure shall have prefinished enamel siding and roof.

b.

No corrugated or unfinished galvanized metal siding or roofing shall be used.

c.

Galvanized steel-covered pole buildings are prohibited.

d.

Wood frame accessory buildings or structures shall conform to the Minnesota State Building Code and shall have one of the following types of siding: Masonite, stucco, brick, stone, shakes, redwood, exterior plywood panel, hardboard, decorative steel, decorative aluminum, vinyl, hardie-board, decorative fiberglass and/or rough-cut exterior siding, and the roofing material shall consist of asphalt shingles, standing-seam metal roofing, or when the pitch of the roof is less than 5/12 , decorative rolled roofing will be permitted. In addition to the listed materials, a detached accessory building shall be permitted to match the existing siding and roofing materials of the principal structure.

e.

Accessory structures that are 200 square feet in area or less may be constructed out of resin or plastic.

(3)

All other districts:

a.

In business, mixed-use, and industrial districts, all accessory structures, screen walls, and exposed areas of retaining walls shall be of a similar type, quality, and appearance as the principal structure.

(g)

Approvals.

(1)

No person, firm or corporation shall construct, erect or replace an accessory structure without obtaining the required permit.

(2)

No accessory building occupying an area greater than 200 square feet shall be constructed erected or installed without a building permit issued by the city. No accessory building occupying an area of 200 square feet or less shall be constructed without a permit from the zoning administrator.

(3)

No accessory building or use shall be constructed or developed on a lot prior to construction of the principal building.

(4)

Two-story accessory buildings are not permitted.

(5)

No accessory building or structure shall be used for living purposes as a dwelling unit.

(h)

Other structures.

(1)

Freestanding tents and canopies for the purpose of housing motor or recreational vehicles or storage are prohibited, except for municipal purposes in an industrial district.

(2)

Fish houses shall be stored as regulated herein by the exterior storage regulations in section 118-240.

(Ord. No. 1267, § 3, 2-19-2013; Ord. No. 1312, § 2, 11-21-2016; Ord. No. 1380, § 3, 5-3-2021; Ord. No. 1382, § 1, 7-20-2021; Ord. No. 1385, § 3, 11-1-2021; Ord. No. 1418, § 3, 2-5-2024; Ord. No. 1424, § 10, 5-20-2024; Ord. No. 1431, § 22, 2-3-2025; Ord. No. 1433, § 1, 5-5-2025)

All buildings, uses, and structures permitted pursuant to this Code shall conform to the performance and design standards set forth in this section; said standards are determined to be the minimum standards necessary to comply with the intent and purposes of this chapter and outlined in this division.

(Code 1992, § 1500.28, subd. 1)

(a)

Unless otherwise noted in a specific zoning district, principal buildings with more than one principal use, in which one of those uses is a dwelling unit and the other is nonresidential, shall require a conditional use permit to ensure that a proper and safe space is provided for the residential portion of the building.

(b)

All principal buildings hereafter erected on unplatted land shall be so placed as to avoid obstruction of future street or utility extensions and shall be so placed as to permit reasonably anticipated future subdivisions and land use.

(c)

All principal buildings shall meet or exceed the minimum standards of the state building code, the state fire code, the state department of health, the state pollution control agency, and the WPC On-Site Sewage Treatment ordinance, all adopted by reference and as recommended by the city council.

(Code 1992, § 1500.28, subd. 2; Ord. No. 1234, § 3, 9-20-2010; Ord. No. 1385, § 3, 11-1-2021)

(a)

No exterior storage is allowed on property used for residential purposes. In all zoning districts, all materials, equipment, and personal property shall be stored within a building or fully screened so as to not be visible from adjoining properties or public rights-of-way. Exterior storage is only allowed by a conditional use permit in the following zoning districts and must follow any applicable rules laid out in each district:

(1)

I-1, Light Industrial district;

(2)

GB, general business;

(3)

I, industrial district;

(4)

MMM, mixed markets and makers district; and

(5)

CGMU, Concord Gateway mixed-use district.

(b)

In nonresidential districts, exterior storage of personal property may be permitted by conditional use permit, provided that any such property is so stored for purposes relating to a use of the property permitted by this Code and will not be contrary to the intent and purpose of this chapter. The city will determine, prior to the issuance of a conditional use permit, that the proposed use of land for exterior storage will conform to the following performance criteria:

(1)

Outdoor storage items shall be placed within an enclosure approved by the zoning administrator.

(2)

The enclosure shall be made of a material suitable to the building and the items to be stored.

(3)

The enclosure and storage area shall not encroach into any established front building setback area or other required setbacks.

(4)

The enclosure and storage area shall not interfere with any pedestrian or vehicular movement.

(5)

The storage area shall not take up required parking spaces or landscaped areas.

(6)

The surface of the storage area shall be approved by the city engineer.

(7)

The proposed use conforms with the criteria for considering a conditional use permit set forth in section 118-40 of this Code.

(8)

In general business districts, exterior storage, except car sales lots, shall be limited to an area not larger than 50 percent of the ground coverage of the principal building and shall not be located in a front yard nor abut a public street.

(c)

In all districts, all waste, refuse, or garbage shall be kept in an enclosed building or properly stored in a closed container designed for such purposes; except for one-family and two-family homes, said container shall be of a type as required in the C-1, business district (see subsection 118-126(f)). The owner of vacant land shall be responsible for keeping such land free of refuse and weeds.

(d)

In all zoning districts, the placement or parking of temporary storage buildings, containers, portable on-demand storage units ("pods"), and trailers in the street that are being used for storage, with an area larger than 60 square feet, is allowed only by a permit from the city. All permits are good for a period of no more than 14 days, with a maximum two permits allowed for an individual property in any calendar year. The use of semitrailers, flat bed containers, trailers, moving trucks, vans or other equipment used for permanent storage (storage of goods and materials over 14 days in a calendar year) is prohibited. For purposes of this section, "containers" shall not include refuse containers or dumpsters.

(e)

Storing or parking junk vehicles is prohibited. It is unlawful for any person to park, store or leave any junk vehicle, whether attended or not, upon any public or private property within the city, or for any reason, as an owner of or an occupant having control of private property within the city to permit the parking, storing or leaving of any junk vehicle upon such private property, unless such junk vehicle is within an enclosed building or structure lawfully situated upon private property or is so parked, stored or left upon private property lawfully zoned and operated as a recycling operation.

(f)

Firewood shall not be stored in the front yard or yard abutting a public street right-of-way or nearer the front lot line than the principal building or less than five feet from a lot line. Firewood shall be neatly stacked on an impervious surface or be elevated at least four inches off the ground or kept enclosed, to help maintain it free of vermin at all times. Stacks shall not exceed six feet in height.

(g)

All solid waste material, debris, refuse, garbage, junk or similar material shall be kept within tightly closed containers designed for such purpose. The containers shall be stored within a building or dumpster enclosure, or otherwise screened from view between days of scheduled pickup; except for one-family or two-family residences for which containers may be stored within four feet the front line of the principal structure between days of scheduled pickup.

(h)

For any property used for residential purposes, no more than one fish house may be stored in a landscaped rear or side yard of a lot or a combination of contiguous lots in common ownership. Such storage is only allowed if the following conditions are met:

(1)

The fish house is not permanently affixed to the ground in a manner that would prevent its removal;

(2)

The fish house is not used for living, sleeping, or housekeeping purposes while it is being stored;

(3)

The fish house is in good condition;

(4)

The fish house is licensed to the property owner or occupant on which the fish house is stored;

(5)

The fish house is limited in size to 150 square feet or less.

All landscaped areas used for such storage must comply with section 66-49 regarding weeds. For purposes of this section, "fish house" shall mean a structure that is set on the ice of state waters to provide shelter while taking fish by angling.

(Code 1992, § 1500.28, subd. 3; Ord. No. 1195, § 1, 9-4-2007; Ord. No. 1206, § 1, 7-7-2008; Ord. No. 1346, § 1, 5-20-2019; Ord. No. 1375, § 4, 3-1-2021; Ord. No. 1385, § 3, 11-1-2021; Ord. No. 1431, § 23, 2-3-2025)

All uses, buildings and structures shall conform to the regulations of the state pollution control agency or other state or federal agency having jurisdiction relating to air, water, noise, and solid waste.

(Code 1992, § 1500.28, subd. 4; Ord. No. 1234, § 4, 9-20-2010)

(a)

Screening shall be required in residential districts where:

(1)

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

(2)

The driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential use or zone.

(b)

Where any business or industrial use (structure, parking, or storage) is adjacent to property zoned or used for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business, industry, or parking lot is across the street from a residential zone, but not on the side of a business or industry considered to be the front.

(c)

In all commercial districts, merchandise being displayed for sale, materials and equipment currently being used for construction on the premises, and merchandise located on service station pump islands need not be screened.

(d)

The screening required in this section shall consist of earth berms, mounds, or ground forms, fences and walls, landscaping (plant materials) or landscaping fixtures (such as timbers) used in combination or singularly so as to block direct visual access. If landscape planting materials are utilized, these shall be provided and designed in such a manner as to provide a reasonable visual barrier during winter as well as summer months. Mechanical equipment screening materials shall require the approval of the zoning administrator for rooftop equipment.

(e)

Required screening shall be as approved by the zoning administrator. Existing land uses may be required to install screening if so ordered by the city council following a public hearing.

(f)

Mechanical equipment (as defined in the state building code) located on the roof of any building and visible from the street level or from adjacent properties shall be screened with a material approved by the zoning administrator and designed to blend harmoniously with the building's facing materials. Where a building has exposure to a building with higher elevation, mechanical equipment on the roof shall be totally screened or enclosed with a material, approved by the zoning administrator, designed to blend with the roof surface material.

(Code 1992, § 1500.28, subd. 5; Ord. No. 1431, § 24, 2-3-2025)

(a)

General standards. The following general standards shall be applicable citywide:

(1)

Landscaping on a lot shall consist of finished grade and a soil retention cover such as sod, seed and mulch, plantings, or as may be required by the zoning administrator or city engineer to protect the soil and aesthetic values on the lot and adjacent property.

(2)

In all zoning districts, all developed uses shall provide landscaping from the street curb and gutter to the street right-of-way line or sidewalk. This landscaped yard shall be kept clear of all exterior storage and off-street parking unless otherwise approved by the zoning administrator.

(3)

Landscaping shall be provided and maintained on all required front and side yards in all developed districts, except where pavement is used for walkways or driveways.

(4)

Required landscaping shall consist of plant species that are suitably hardy for Minnesota's climate and tolerant to site conditions.

(b)

Plant material size requirements. When new plant materials are required as part of an approved landscaping plan or screening plan, said plant materials shall conform to the following standards.

(1)

Minimum plant sizes at time of planting:

a.

Deciduous trees: Two and one-half caliper inches

b.

Evergreen trees: Six-foot height

c.

Tall shrubs and hedge material: Three- to four-foot height

d.

Low shrubs: 15-inch height

(2)

When landscaping is utilized as screening, the plant materials shall be installed with a size and density that provides growth to the desired height and opacity within a maximum of two growing seasons after the time of planting unless otherwise allowed by the city council.

(c)

Maintenance and warranty requirements. Many zoning districts have specific minimum landscaping requirements for new development and landscaping is often an integral part of a site plan, conditional use permit, or planned unit development approval. Additionally, landscaping may be used to satisfy a screening requirement. The following provisions are intended to ensure that required landscaping is correctly installed and maintained:

(1)

Maintenance required. The property owner shall be responsible for maintaining all required landscaping in a healthy and growing condition and keeping it free from refuse and debris. Dead plant materials shall be removed within a reasonable time and replaced during the normal planting season. Failure to maintain required landscaping shall be deemed a violation of this article.

a.

Required landscaping may be modified with the approval of the zoning administrator so long as the new landscaping achieves the same aesthetic and/or screening goals of any approved landscaping plan and satisfies any applicable zoning requirements such as the minimum number of required trees.

b.

Substantial deviations from an approved landscaping plan which are found by the zoning administrator to be inconsistent with the intent of the original plan shall require review and approval by the city council. The review shall follow the site plan review procedures outlined in section 118-47. If a landscaping or screening plan is an essential component of a conditional use permit approval, an amendment to the conditional use permit shall be required for any substantial deviation that is not consistent with the intent of the original approved plan.

(2)

Financial guarantee. In certain situations, the city may require a financial guarantee to ensure that required landscaping is correctly installed and maintained. Such a financial guarantee shall be in the form of a cash escrow, letter of credit, or other form deemed acceptable by the city attorney. The requirements listed below shall apply to projects that have received site plan approval after March 21, 2022.

a.

Exempt from this section. Single-family dwellings, two-family dwellings, three-family dwellings, and noncommercial hangar buildings at the Fleming Field Municipal Airport are exempt from the terms of this section. They shall, however, be responsible for establishing any erosion control escrows required under section 110-82 and those escrows may be held until landscaping and required paving are correctly implemented to meet erosion control requirements.

b.

Size of financial guarantee. A required financial guarantee for landscaping shall not exceed 125 percent of the total estimated cost of furnishing and installing the required plant materials and other landscape materials. That estimated cost shall be provided by the applicant and is subject to approval by the city. With that as the maximum, the following guidelines are in place for different types of projects:

1.

New construction of a parking lot or a principal building requiring site plan approval. The security shall be $7,500.00, subject to modification by the city council for projects that require city council approval.

2.

Reuse and expansion of existing buildings and parking lots requiring site plan approval. The city council or zoning administrator may require a financial guarantee as part of a site plan approval if new landscaping is a key element of the approval. The size of the security shall be roughly 50 percent of the cost of the proposed landscaping but shall generally not exceed $7,500.00 unless the city council deems it necessary to collect a larger security.

3.

Required screening. When landscaping is proposed to satisfy a screening requirement for an exterior storage use or a drive-in business use, a security shall be collected equal to 125 percent of the total estimated cost to furnish and install the plant materials that are being used to complete the required screening. For projects that require city council approval, the city council may instead establish a specific dollar amount that they believe to be a sufficient guarantee.

4.

Site plan approvals with a tree preservation component or MRCCA vegetation restoration plan component. The city council or zoning administrator may establish a security requirement to guarantee that tree preservation and/or MRCCA vegetation restoration plan requirements are followed, including any requirement that tree replacement occur.

5.

Properties out of compliance with approved landscaping plans. When a property is found to be out of compliance with their approved landscaping or screening plan, the zoning administrator may refer the matter to the city council in addition to pursuing all other remedies available under the Code. The city council may require that a financial guarantee be established as part of any agreement to postpone code enforcement action or to avoid rescinding a variance or conditional use permit approval. The size of the security shall be established by the city council and shall depend upon the degree to which the property is out of compliance.

c.

Financial guarantee required before construction permit. Any required landscaping security shall be filed with the city before a building permit or other construction permit is issued.

d.

Release of financial guarantee. The security shall be maintained for at least one year after the date that the last required landscape materials have been planted. After one year has passed, the applicant must replace any required landscape materials that are not alive or are in an unhealthy state. Once the city has confirmed that the replacements have been installed, the entire security may be released.

e.

Use of financial guarantee funds to complete landscaping improvements. If the property owner fails to perform and does not complete their required landscaping or screening, the city may, at its sole discretion, utilize the funds in the financial guarantee to accomplish performance.

(Code 1992, § 1500.28, subd. 6; Ord. No. 1391, § 5, 3-21-2022; Ord. No. 1411, § 14, 8-21-2023; Ord. No. 1431, § 25, 2-3-2025)

In all districts, all structures, landscaping, and fences shall be reasonably maintained so as to avoid health or safety hazards and prevent a degradation in the value of property.

(Code 1992, § 1500.28, subd. 7)

(a)

In all districts, any lighting used to illuminate an off-street parking area or other structure or area shall be so arranged or designed as to deflect light away from any adjoining residential use or zone or from the public streets. Direct sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of light shall be hooded or controlled so as not to light adjacent property; bare lightbulbs shall not be permitted in view of adjacent property or a public street. No light or combination of lights which cast light onto a public street shall exceed one footcandle as measured from the centerline of said street, nor shall any light or combination of lights which cast light on residential property exceed 0.4 footcandle as measured at the property line.

(b)

Lighting standards shall not exceed 25 feet above the height of the principal building served without a conditional use permit.

(Code 1992, § 1500.28, subd. 8)

(a)

The traffic generated by any land use shall be controlled so as to prevent, to the extent possible, the following:

(1)

Congestion of traffic in the public streets;

(2)

Traffic hazards; and

(3)

Excessive traffic through residential areas, particularly truck traffic.

(b)

Internal traffic on a lot shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial uses shall in all cases be forward-moving with no backing into streets.

(c)

On any corner lot, nothing shall be placed or allowed to grow in such a manner as to impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets within 15 feet of the intersecting street right-of-way lines. This restriction shall also apply to the planting of crops and to yard grades that result in elevations that impede vision within 15 feet of any intersecting street right-of-way lines.

(d)

Vehicular access drives shall not be located closer than 20 feet to intersecting street right-of-way lines.

(Code 1992, § 1500.28, subd. 9)

(a)

Bulk storage liquid, or all uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar hazardous liquids, shall comply with all state, federal, and city regulations. Outside, aboveground tanks of 2,000 gallons or more may be allowed only by conditional use permit in that area of the city lying east of the easterly right-of-way of Trunk Highway 156 and County State Aid Highway 56.

(b)

The storage of explosives and blasting agents shall comply with the fire prevention code of the city.

(Code 1992, § 1500.28, subd. 10; Ord. No. 1199, § 2, 4-7-2008)

Fallout shelters may be permitted in any zoning district, subject to the yard regulations of the district. Such shelters may contain or be contained in other structures or be constructed separately, and, in addition to shelter use, may be used for any use permitted in the district, subject to the district regulations on such use. Fallout shelters shall require a building permit.

(Code 1992, § 1500.28, subd. 11)

(a)

Purpose. The purpose of this chapter is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in a residential neighborhood without jeopardizing the health, safety, and general welfare of the surrounding neighborhood.

(b)

Signed affidavit required for permitted uses. Any home occupation as defined in section 118-8, shall be required to submit to the zoning administrator a signed affidavit stating that the home occupation will adhere to the standards set out in section 118-267(e). Home offices, as defined in section 118-8, are exempt from this requirement so long as there is no client/patron site visitation but still must adhere to any applicable standards set out in section 118-267(e).

(c)

Prohibited home occupations. The following uses are never allowed as home occupations:

(1)

Flea markets.

(2)

General retail or wholesale operations that allow walk-in customers.

(3)

Restaurants, cafés, and similar types of commercial food service.

(4)

Manufacturing or machine shops.

(5)

Repair, service, building, rebuilding, or painting of motor vehicles, including trucks and boats.

(6)

Junkyards, motor vehicle salvage operations, and recycling processing centers.

(7)

The sale, lease, trade, or transfer of firearms and/or ammunition.

(8)

Headquarters or dispatch centers where persons come to the site and are dispatched to other locations.

(9)

Sexually oriented land uses.

(10)

Commercial kennels.

(11)

Body art establishments.

(12)

Cannabis businesses, except that an entity in possession of a cannabis event organizer license issued under Minn. Stat. Ch. 342 shall be permitted as a home office.

(13)

A lower-potency hemp edible business as defined in section 118-278.

(14)

Any use that involves any type of exterior storage of equipment, goods, or materials, except that personal passenger vehicles used in the home occupation may be parked on site.

(15)

Any use that involves hazardous materials or activities.

(16)

Any use that produces light, glare, noise, odor, electrical interference, or vibration that will in any way have an objectionable effect upon adjacent or nearby property or right-of-way.

(d)

Licensing for certain types of home occupations. Those business types that require a license, such as massage therapy, still require a license even if the business is a home occupation. Any required license shall be obtained prior to the home occupation beginning operations.

(e)

General provisions. All permitted home occupations shall comply with the following requirements and general provisions:

(1)

The home occupation shall be incidental and secondary to the residential use of the premises, shall not change the residential character thereof and shall not be incompatible or disturb the surrounding residential uses.

(2)

All home occupations shall be conducted entirely within the principal dwelling and shall not be conducted in accessory buildings, including attached garages.

(3)

Entrance to the home occupation shall be gained from within the structure, the home occupation shall not have a separate dedicated entrance.

(4)

Evidence of the home occupation shall not be visible from the street except for any signage that may be allowed in accordance with section 118-339 of this Code.

(5)

No person other than those who customarily reside on the premises shall work on-site for the home occupation.

(6)

No home occupation shall require external alterations or exterior construction features not customarily found on residential dwellings.

(7)

The home occupation shall meet all applicable building and fire codes.

(8)

Home occupations such as teaching, personal training, coaching, and similar services are limited to three students on site at any given time.

(9)

A massage therapist, counselor, photographer, barber, or someone providing a similar personal service or grooming service, is limited to no more than one client waiting for services and no more than one client receiving services at any given time.

(10)

A retail or wholesale operation must be conducted completely by mail or delivery or must be by appointment only with no more than one customer visiting the home occupation site at any one time.

(11)

Shipment and delivery of products, merchandise or supplies shall regularly occur only in single rear axle straight trucks or smaller vehicles normally used to serve residential neighborhoods.

(12)

No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. This provision is not applicable for home offices, as defined in section 118-8, that do not have client/patron site visitation.

(13)

Home occupations which create a need for more than three parking spaces at a given time in addition to the parking spaces required by the occupants of the dwelling, shall not be permitted.

(14)

In no case shall the permitted home occupation cause or create the need for an additional driveway access to the property.

(15)

Home occupations that are recording studios or similar uses, if they involve the use of on-site facilities by paying customers who do not reside on the premises, are not allowed without an interim use permit.

(f)

Interim use—Home occupation. A home occupation that is not listed as prohibited but does not meet all of the provisions of section 118-267(e) may be allowed only by interim use permit. In addition to the criteria for interim use permits set forth in section 118-41, a home occupation may only be granted an interim use permit if the city council makes the following findings:

(1)

Adverse effect on neighborhood. The city council shall find that all home occupation activity occurring on the premises shall not cause any adverse changes to the residential character of the neighborhood or cause disturbance to the neighborhood.

(2)

Screening of exterior changes. The city council shall find that any exterior changes necessary to conduct the home occupation are sufficiently screened, properly designed, or separated by distance so as to be consistent with the existing adjacent residential uses and compatible with the residential occupancy.

(3)

Traffic. The city council shall find that the traffic generated by the home occupation involves only vehicles of the type that typically service single-family residences and that such traffic constitutes neither a nuisance nor a safety hazard.

(Ord. No. 1382, § 3, 7-20-2021; Ord. No. 1428 , § 1, 12-16-2024)

(a)

Dwelling units for watchmen and their families shall be considered as accessory uses and shall conform to all applicable regulations for the district in which located, except as follows:

(1)

A dwelling unit in a commercial district located in a Commercial building shall not occupy the front half of the ground floor.

(2)

A dwelling unit in a commercial or industrial building shall contain only the number of bedrooms as regulated by terms of a conditional use permit.

(3)

No detached dwelling unit shall be permitted in a commercial or industrial district, except as may be permitted under terms of a planned unit development permit.

(4)

Any dwelling unit that is contained in a commercial or industrial building shall be provided with two exits, one of which shall be a direct outside exit.

(5)

All dwelling units in commercial and industrial buildings shall conform to the state building code and applicable fire and other codes.

(b)

All dwelling units located within a commercial or industrial building shall be considered as part of a planned unit development and shall require a conditional use permit to ensure that the building and grounds are a safe and proper place for family living, especially for any children that may be or become occupants.

(Code 1992, § 1500.28, subd. 13)

Any drive-in business that provides services or merchandise to a customer in such a manner that it is not necessary for the customer to leave a motor vehicle and enter the principal building to receive such merchandise or service shall conform to the following standards and regulations:

(1)

Drainage system. The entire area of any drive-in business shall have a drainage system as approved by the city engineer.

(2)

Surfacing material. The entire area, other than that occupied by structures or landscaping, shall be surfaced with a material that will control dust and drainage as approved by the city engineer.

(3)

Box curb. A box curb at least six inches above grade shall separate any public walk area from the lot, except at approved entrance or exit driveways.

(4)

Fencing required. A fence or other screening of approved design not over six feet in height or less than four feet in height shall be installed along the property line abutting a residential use or district and such fence or screen shall be properly maintained. A fence shall not be required in any front yard.

(5)

General.

a.

No person shall construct, operate, or maintain a drive-in business without first obtaining a conditional use permit.

b.

Any drive-in business serving food or beverages may also provide, in addition to vehicular service areas, indoor (within the principal building) food and beverage service, but parking and stacking space required for vehicles shall be equal to the sum total of needs for indoor and outdoor services.

c.

The hours of operation shall be set forth as a condition of any drive-in conditional use permit.

d.

Any drive-in business serving food may have outside seating for customers.

e.

Each food or beverage drive-in business shall place refuse receptacles at all exits as well as one refuse receptacle per ten vehicle parking spaces within the parking areas.

(6)

Locations.

a.

No drive-in business shall be located within 200 hundred feet of a public or parochial school, church, public recreation area, or any residential district unless permitted by the conditional use permit.

b.

No drive-in business shall be located on any street not designated a collector, arterial, or business service street in the comprehensive municipal plan or as may be approved by the city council.

(7)

Site plan. Site plans shall be submitted and comply with the following regulations:

a.

The site plan shall clearly indicate suitable storage containers for all waste materials. All commercial refuse containers shall be screened.

b.

A landscaping plan shall be included and shall set forth complete specifications for plant materials and other features.

c.

Adequate area shall be designated for snow storage such that clear visibility shall be maintained from the property to any public street or alley.

d.

The design of any structure shall be compatible with other structures in the surrounding area.

(Code 1992, § 1500.28, subd. 14)

No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of ordinary business or household equipment and appliances. Any such emissions are hereby declared to be a public nuisance.

(Code 1992, § 1500.28, subd. 15)

No odors, vibration, noise, air pollution, liquid or solid wastes, heat, glare, dust, or other sensory irritations or health hazards shall be permitted in any zoning district in excess of the minimum standards set forth in this section. Any violation of said standards is hereby declared to be a public nuisance. The minimum standards are as follows:

(1)

Odors. Any use shall be operated so as to prevent the emission of odorous or solid matter of such quality and quantity as to be reasonably objectionable at any point beyond the lot line of the site on which the use is located.

(2)

Vibration. The following vibrations are prohibited: Any vibration discernible (beyond the property line) to the human sense of feeling for three minutes or more duration in any one hour, or any vibrations resulting in any combination of amplitudes and frequencies beyond the "safe" range of the most current standards of the United States Bureau of Mines on any structure.

(3)

Toxic or noxious matter. Any use shall be operated so as not to discharge across the boundaries of the lot or through percolation into the atmosphere or the subsoil beyond the boundaries of the lot wherein such use is located toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to persons, property or business.

(4)

Air pollution. Any use shall be operated so as to control the emission of smoke or particulate matter to the degree that it is not detrimental to and shall not endanger the public health, safety, comfort, or general welfare of the public.

(5)

Animals. Any building in which domestic farm animals are kept shall be a minimum distance of 100 feet from all lot lines. Notwithstanding anything contained herein to the contrary, the minimum standards of the state pollution control agency as to noise, air and water pollution, glare, and dust shall be minimum standards for the purpose of this section. Also see sections 118-167, 118-168, 118-169 and 118-206.

(Code 1992, § 1500.28, subd. 16)

(a)

It shall be a public nuisance for any person to store or keep any vehicle of a type requiring a license to operate on a public street without a current license attached thereto, whether such vehicle be dismantled or not, outside of an enclosed building in residential districts.

(b)

It shall be a nuisance to create or maintain a junkyard or vehicle dismantling yard except as provided for in this Code.

(c)

The following are declared to be nuisances endangering the public health:

(1)

Causing or permitting the effluent from any cesspool, septic tank, drainfield, or human sewage disposal system to discharge upon the surface of the ground, or dumping the contents thereof at any place except as authorized by the state pollution control agency and the city engineer.

(2)

Causing or permitting the pollution of any public well or cistern, stream or lake, canal, drainageway, ditch, or body of water by sewage, industrial waste, or other substances.

(3)

Causing or suffering carcasses of animals not to be buried or destroyed or otherwise disposed of within 24 hours after death.

(Code 1992, § 1500.28, subd. 17)

(a)

Swimming pool requirements.

(1)

Building permit. A building permit shall be required for swimming pools over 24 inches in depth with a capacity of more than 5,000 gallons. Temporary pools over 24 inches in depth with a capacity of more than 5,000 gallons do not require a building permit, provided they are entirely above ground and only set up between April 1 and October 31. See section 106-56 for building permit requirements.

(2)

Setback standards.

a.

Swimming pools, including temporary pools, are subject to the setback requirements for accessory structures as found in section 118-208.

b.

In residential districts, above-ground or below ground swimming pools shall be located at least six feet away from any principal structure or frost footing with the exception of a deck that services the pool area. This requirement shall not apply to above-ground hot tubs, spas or temporary pools.

c.

Swimming pools shall not be located beneath overhead utility lines, over underground utility lines, nor within any private or public utility, walkway, or drainage or other easement.

(3)

Barrier requirements. All swimming pools shall be equipped with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening, or other enclosure or any combination thereof of sufficient density as to be impenetrable. If fences are employed, they shall be at least four feet in height for all pools of less than four feet in elevation above the ground. In addition to the fencing requirements in section 118-199, fence openings or points of entry into the pool area shall be equipped with self-closing and self-latching devices placed at sufficient heights so as to be inaccessible to small children.

a.

Exceptions:

1.

Hot tubs or spas with approved locking safety covers, meeting ASTM standard F1346-91, provided the cover is locked at all times during periods of nonuse.

2.

Above-ground pools, spas, and hot tubs with sides or attached fences that create a barrier at least four feet in height above grade.

3.

Temporary swimming pools, provided all means of access (ladders, etc.) are removed from the pool during periods of nonuse.

(4)

Drainage.

a.

Pools shall be constructed and operated in such manner that backflush or emergency water or water from pool drainage shall pass into an approved public drainage way or shall remain on the property of the owner, and water shall not be permitted to drain from the pool, directly or indirectly onto property other than that of the owner.

b.

Swimming pools must be dechlorinated before discharging in an area where drainage to street or storm sewer systems may occur. For pools to be considered dechlorinated, the pool water must be allowed to sit seven days without the addition of chlorine to allow for chlorine to evaporate.

(Code 1992, § 1500.28, subd. 18; Ord. No. 1376, § 1, 4-5-2021)

The following minimum requirements for service stations shall be met:

(1)

A drainage system, subject to approval by the city engineer, shall be installed. The entire site, other than that taken up by a structure or planting, shall be surfaced with concrete or other material approved by the city engineer. Pump islands shall not be placed in required yards. The area around the pump island to a distance of eight feet on each side shall be concrete. A box curb not less than six inches above grade shall separate the public right-of-way from the motor vehicle service area, except at approved exits and entrances. No driveways at a property line shall be less than 20 feet from the intersection of two street right-of-way lines. Each service station shall have at least two driveways.

(2)

No vehicles shall be parked on the premises other than those utilized by employees, awaiting service, or whose occupants are making a purchase of goods or materials. No vehicle shall be parked or be awaiting service longer than 15 days. Existing service stations shall comply with this requirement within 45 days of the effective date of the ordinance adopting this chapter.

(3)

Exterior storage, other than vehicles, shall be limited to service equipment and items offered for sale on pump islands and other structural platforms as may be approved by the zoning administrator, who may require that the items offered for sale be located in containers such as racks, metal trays, and similar structures designed to display merchandise. Exterior storage of items offered for sale shall not be located within yard setback requirements. Exterior storage shall not constitute a hazard to vehicular or pedestrian circulation. Existing service stations shall comply with this requirement within 90 days of the effective date of the ordinance adopting this chapter.

(4)

All areas utilized for the storage and disposal of trash, debris, discarded parts, and similar items shall be fully screened. All structures and grounds shall be maintained in an orderly, clean, and safe manner. Existing service stations shall comply with this requirement within 90 days of the effective date of the ordinance adopting this chapter.

(5)

Business activities not listed in the definition of service stations in this Code are not permitted on the premises of a service station unless a conditional use permit is obtained specifically for such activities, which may include, but are not limited to, the following:

a.

Motor vehicle wash (automatic or self-service);

b.

Rental of vehicles, equipment, or trailers; or

c.

General retail sales of food, groceries, and other merchandise and items not necessarily related to services normally required by a motor vehicle.

(6)

Service stations shall be subject to all of the requirements necessary for review and issuance of a conditional use permit.

(Code 1992, § 1500.28, subd. 19; Ord. No. 1431, § 26, 2-3-2025)

The following drainage requirements shall be met:

(1)

No land shall be developed or altered and no use shall be permitted that results in surface water runoff causing unreasonable flooding, erosion, or deposit of minerals on adjacent property or water bodies. Such water runoff shall be properly channeled into a storm drain, a natural watercourse or drainageway, a ponding area, or other public facility approved by the city engineer.

(2)

The city engineer, upon inspection of any site which has created drainage problems or could create drainage problems with proposed new development, may require the owner of said site or contractor to complete a grading plan and apply for a grading permit.

(3)

The owner or contractor of any natural drainage improvement or alteration may be required by the city engineer to obtain recommendations from the state department of natural resources, the soil conservation agent, the affected watershed district, or others deemed appropriate and necessary.

(4)

On any slope in excess of 13 percent where, in the opinion of the city engineer, the natural drainage pattern may be disturbed or altered, the city engineer may require the applicant to submit both a grading plan and a soil conservation plan prior to applying for a building permit.

(Code 1992, § 1500.28, subd. 20)

The following requirements shall apply to access drives:

(1)

Access drives onto major streets shall require an access permit from the city engineer. This permit shall be acquired prior to the issuance of any building permit. The city engineer shall determine the appropriate location, size, design, and number of access drives and may limit the number for efficient traffic flow. The city engineer may refer the request for an access drive to the planning commission for its comments.

(2)

Access drives to principal uses or buildings that traverse wooded, steep, or open field areas shall be constructed and maintained to a width and base material type and depth sufficient to support access by emergency vehicles. The city engineer shall review all access drives (driveways) for compliance with required community access drive standards; the opinion of the police and fire departments may from time to time be requested.

(3)

Driveway/accessway standards shall be as follows:

(4)

All lots or parcels of land shall have direct and adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public road, or an existing private roadway as approved by the city engineer. In addition to the required direct physical access along the frontage of the lot or parcel to the approved public or private roadway, a lot or parcel may have private easement access drives to the lot over adjacent lots or parcels.

(5)

Access drives shall not be closer than 20 feet to a corner (intersecting street right-of-way lines) unless approved by the city engineer.

(Code 1992, § 1500.28, subd. 21)

(a)

Private roads may be utilized in planned unit developments, cluster plats, or any situation where more than one principal use or building may more appropriately be so served, subject to the following:

(1)

Ownership and maintenance of said private roads shall be the responsibility of the various landowners involved with the development or a homeowners' association.

(2)

Said private road design shall meet or exceed the city standards for public roads, including travel by emergency vehicles.

(3)

Said private road right-of-way shall be platted as an outlot in the final plat, and shall meet or exceed the right-of-way requirements for an equivalent public road in the city.

(4)

The private road owners association shall establish a formal, written procedure for funding road maintenance and for petitioning city takeover of said road. The association must provide written evidence that at least 90 percent of the voting members of the association approved the transfer of road responsibilities to the city.

(5)

The city and the association shall establish an assessment procedure for all abutting benefiting land in case public dedication and/or upgrading of the previously existing private road is officially petitioned for by the road association.

(6)

An easement by the association shall be granted to the city to use the road for any reasonable public purpose, including, but not limited to, travel by emergency vehicles and installation of public utilities and conveniences.

(7)

The city may reserve the right to enter upon the premises to make road repairs and do maintenance work as may be recommended by the city engineer with all costs to be assessed against the roadway owners by the city.

(b)

Private roadway systems with cluster developments or planned unit developments shall provide access to the public street and highway system and shall not connect with private roads of other developments without the formal written approval of each roadway association and the city council.

(c)

Before final approval is given for a private road by the city, written agreements shall be secured to ensure that the city may acquire the roadway at no cost to the general public and for such reasons as may be determined by the city council in its sole discretion.

(Code 1992, § 1500.28, subd. 22)

In all zoning districts, the following standards shall apply to tennis courts:

(1)

A conditional use permit shall be required for all tennis courts.

(2)

An application for a conditional use permit shall include a site plan showing the size, shape, the pavement and subpavement materials, the location of the court, the location of principal buildings, accessory structures, fencing, utility systems, and any other structural improvements on the lot, the location of structures on all adjacent lots, a grading plan showing all revised drainage patterns and finished elevations at the four corners of the court, landscaping and turf protection around the court, and the location and type of existing and proposed wiring and lighting facilities.

(3)

Tennis courts shall not be located closer than ten feet to any side or rear lot line. Tennis courts shall not be located within any required front yard.

(4)

Tennis courts shall not be located over underground utility lines of any type, nor shall any court be located within any private or public utility, walkway, drainage, or other easement.

(5)

Solid tennis court practice walls shall not exceed ten feet in height. A building permit shall be required for said walls. Said walls shall be set back a minimum of 30 feet from any lot line.

(6)

Chainlink fencing surrounding a tennis court may extend up to ten feet in height above the tennis court surface elevation.

(Code 1992, § 1500.28, subd. 23)

(a)

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

Clearcutting means the removal of all live vegetation in excess of six inches in diameter at breast height on any area of 20,000 square feet or more in size.

Selective cutting means the removal of single, scattered live trees or shrubs in excess of six inches in diameter at breast height.

(b)

Clearcutting of vegetation shall not be permitted within any required yard of any lot or parcel of land within any zoning district, except as may be approved by the city engineer.

(c)

Clearcutting for commercial tree production purposes shall require a conditional use permit.

(d)

Selective tree cutting may occur on any lot provided that any cutting on slopes of greater than 18 percent shall require a permit from the city engineer.

(Code 1992, § 1500.28, subd. 24)

(a)

It is hereby affirmed as essential public policy that the appearance of the city is a proper matter for public concern, and that all open spaces, buildings, signs, plants, surfaces, and structures which may be seen from the public roads, public ways, and water bodies are subject to regulation and provisions of this chapter.

(b)

Before construction may begin and before a permit is issued for any building, structure, or land use, the applicant shall, if necessary, submit an application for a site plan review consistent with the provisions outlined in section 118-47.

(Code 1992, § 1500.28, subd. 25; Ord. No. 1385, § 3, 11-1-2021)

No quasipublic structure shall be located within the public right-of-way except with the written approval of the city engineer. Such structures shall include trash containers, bicycle racks, benches, planting boxes, awnings, flagpoles, light standards, stairs, light wells, loading wells, church directional signs, bus stop shelters, newspaper racks and dispensers, and similar uses.

(Code 1992, § 1500.28, subd. 26; Ord. No. 1385, § 3, 11-1-2021)

Editor's note— Ord. No. 1219, § 1, adopted Sept. 21, 2009, repealed § 118-264, which pertained to relocated structures, and derived from Code 1992, § 1500.28, subd. 28.

(a)

Definitions.

Alternative energy system means a ground source heat pump, wind or solar energy system.

Building integrated solar energy system means a solar energy system where photovoltaic materials are used in place of traditional building materials.

Ground mounted solar energy system means a solar energy system that is a freestanding system erected directly on the ground using a rack or pole structure.

Roof mounted solar energy system means a solar system mounted directly to or abutting the roof of a building.

Solar energy means radiant energy received from the sun to be collected in the form of heat or light by a solar collector.

Solar energy system means a device or structural design feature of which the primary purpose is to provide for interior lighting or provide for the collection, storage and distribution of energy for space heating or cooling, electricity (generation), or water heating.

Solar energy system, active means a solar energy system of which the primary purpose is to harvest energy by transferring collected solar energy into another form of energy or transferring heat from a solar collector to another medium using mechanical, electrical, or chemical means.

Solar energy system, passive means a solar energy system that utilizes building components such as walls, floors, roof, windows, exterior building elements and landscaping that captures solar light or heat generated by the sun without transforming it to another form of solar energy or the use of mechanical and electrical equipment to enhance the conversion of solar energy to heat and electric power.

(b)

Purpose. It is a goal of the city to provide a sustainable quality of life for the city's residents, making careful and effective use of available natural, human, and economic resources and ensuring that resources exist to maintain and enhance the quality of life for future residents. Purposes of this division include:

(1)

To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems.

(2)

To create a livable community where development incorporates sustainable design elements, resources and energy conservation and the use of renewable energy.

(3)

To protect and enhance air quality, limit the effect of climate change and decrease the use of fossil fuels.

(4)

To encourage alternative energy development in locations where the technology is viable and the negative environmental, economic, and social impacts can be mitigated.

(c)

Solar energy systems.

(1)

Zoning districts. Solar energy systems shall be a permitted accessory use in any zoning district, subject to the regulations of this setion.

(2)

Permits required. No active solar energy systems shall be erected, altered, improved, reconstructed, or moved without first obtaining a building and electrical permit. All solar energy systems must comply with this section.

(3)

Exemptions. The following solar energy systems shall be exempt from the requirements of this section and shall be regulated as any other building element requiring a building permit:

a.

Passive solar energy systems.

b.

Building integrated solar energy systems.

(4)

Roof-mounted solar systems. Roof-mounted solar energy systems are allowed subject to the following conditions:

a.

Height. Roof-mounted solar energy systems shall be subject to the maximum height requirements for each zoning district unless otherwise provided for in this section. A roof-mounted solar energy system located in an industrial zoning district may extend up to ten feet above the maximum building height. A roof-mounted solar energy system in a residential zoning district which is installed on a residential structure shall be permitted to extend up to three feet above the roof surface, regardless of the height of the structure. For solar energy systems in residential zoning districts, no part of any solar panel may extend more than three feet above the roof surface on which it is mounted.

b.

Aesthetics. The color of the solar collector is not required to be consistent with other roofing materials. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where deemed necessary by city staff, screening may be required to address glare onto neighboring properties.

(5)

Ground mounted solar energy systems. Ground mounted solar energy systems are allowed subject to the following conditions:

a.

Height. The maximum height of the solar energy system shall not exceed 15 feet from the average natural grade at the base of the system.

b.

Impervious surface. Ground mounted solar energy systems are not considered an impervious surface so long as the surface underneath the system is permeable.

c.

Location. Ground mounted solar energy systems shall be limited to rear yards in residential districts. Ground mounted solar energy systems shall be limited to rear and side yards in commercial and industrial districts except through a conditional use permit.

d.

Maximum area.

1.

Residential districts. Each residential property may have one ground mounted solar energy system. This system shall not count towards the maximum number of accessory structures allowed on the property. Ground mounted solar energy systems larger than 200 square feet shall require a conditional use permit.

2.

Commercial and industrial districts. The solar energy system shall not cover more than 25 percent of the subject property except through a conditional use permit.

e.

Setbacks. A ground mounted solar system shall be subject to the setback requirements for accessory structures as found in section 118-208. Additional setbacks are required in the following environmentally sensitive areas:

1.

Bluff impact zones. No ground mounted solar energy system may be placed within 40 feet of an established bluff line per section 118-167.

2.

Mississippi river corridor critical area. No ground mounted solar energy system shall within 100 feet of the high-water mark of the river per section 118-167 of this Code.

3.

Wetlands. No ground mounted solar energy system shall be placed within 30 feet from the delineated edge of any wetland per section 110-78 of the City Code.

(6)

Easements. Solar energy systems shall not encroach upon any public drainage, utility, roadway or trail easements.

(7)

Abandonment. Any solar energy system which remains nonfunctional or inoperable for a continuous period of 12 months shall be deemed to be abandoned and shall be deemed a public nuisance. The owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit.

(Ord. No. 1363, § 1, 9-8-2020)

Editor's note— Ord. No. 1363, § 1, adopted September 8, 2020, amended § 118-265 in its entirety to read as herein set out. Former § 118-265, pertained to solar energy protection, and derived from the Code of 1992, § 1500.28, subd. 28.

(a)

Cluster developments.

(1)

Cluster developments may be permitted in any multifamily zoning district following the completion and approval of a preliminary and final plat for a cluster development. The city council shall find that the proposed development plan is in substantial compliance with the applicable standards of this chapter, the intent and purpose of the comprehensive city plan, and the city's housing policies on file with the zoning administrator.

(2)

Common land may be preserved as open recreation space, space for recreational facilities, or preservation of natural or scenic resources or other purposes approved by the city council.

(b)

Density zoning and transfer.

(1)

Density zoning and transfer may include cluster platting. Density zoning is the allowance of higher net density for dwelling units on portions of lots or land parcels provided the overall or gross density remains the same as would be permitted by strict applications of the subdivision, lot area, lot width, yard area, and other minimum requirements of this chapter. Such developments are considered as planned unit developments and may be permitted by conditional use permit only.

(2)

Density transfer shall mean that development rights may be sold or otherwise transferred from adjacent or other nearby land to be used for even greater permitted net development density.

(3)

Density transfer shall be permitted only by conditional use permit and provided that proper legal documents are approved and recorded with the city and county noting such transfer of development rights and so noted on the respective certificates of occupancy.

(Code 1992, § 1500.28, subd. 30; Ord. No. 1431, § 27, 2-3-2025)

(a)

Applicability. This section applies to multifamily residential, townhouses, and cluster developments in the R-3 and R-4 zoning districts.

(b)

Building permits required. A building permit shall be required for the construction of and before a certificate of occupancy is issued for the repair, remodeling, or reconstruction of any structure containing or intended to contain three or more dwelling units.

(c)

Comprehensive municipal plan to control. No multifamily residential rezoning or conditional use permit shall be issued for a structure to contain three or more dwelling units unless the lot or land parcel for which the permit is requested shall be located in a multiple residence district as shown in the comprehensive municipal plan, and such application where the lot is not located in the proper multiple residence district shall constitute a request to amend the comprehensive municipal plan to include said lot or parcel in such multiple district. In such case, the planning commission shall consider and hold a public hearing on said proposed change. In the consideration of the question, the city shall consider the neighborhood area in which the parcel is located and shall make its findings and recommendations to the city council. If the council shall, by resolution, effect a change so as to include the parcel in the proper multiple residence district in the comprehensive municipal plan, the city shall process the application for a multifamily residential zoning district.

(d)

Application. The application for a multifamily residential development shall be made on forms prepared by the zoning administrator and shall be accompanied by a site plan or a series of plans showing the following information:

(1)

The location, size, and height of buildings, structures, signs, entry areas, storage sites, off-street parking, and other improvements;

(2)

Circulation plans for both pedestrian and vehicular traffic;

(3)

The proposed location of fences and screening;

(4)

Solid waste disposal provisions and facilities;

(5)

Storm drainage plans;

(6)

Firefighting and other safety facilities and provisions, including the location of fire hydrants and fire lanes;

(7)

Data pertaining to numbers of dwelling units, sizes, lot area per dwelling unit, and similar data;

(8)

Exterior wall materials and design information;

(9)

If required by the city engineer, a two-foot contour topographic map of the site;

(10)

A grading plan illustrating the proposed grade changes, if the grade is to be changed;

(11)

A recreational plan illustrating in detail all recreational facilities, areas, and structures;

(12)

A landscaping plan; and

(13)

A soil erosion control plan for the construction period if the grade is such that erosion may be a problem during or after construction.

The zoning administrator may waive such elements in such site plans if deemed not necessary for the preliminary consideration of the application, provided that plans disclosing all the above requirements of an affirmative showing of no need for them shall be approved prior to the issuance of a building permit, which approved plans shall be identified as the plans approved. Copies thereof shall be filed with the city and shall be and constitute the plans to be followed in construction.

(e)

Financial resources. The applicant shall demonstrate financial capacity to perform all the requirements included in the permit, and the city council may, in its own discretion, require a performance bond running to the city to ensure proper performance, in such amount as it shall determine.

(f)

Standards. In addition to the requirements imposed in other provisions of this chapter applicable to the district in which a multiple dwelling is constructed, the following additional standards shall apply:

(1)

Parking. Parking standards shall be as stated in article VII of this chapter.

(2)

Sidewalks. Sidewalks may be required on streets abutting the property and from parking areas, loading zones, recreation areas, and accessory buildings to the entrance of the multiple dwelling.

(3)

Sound control. Party and corridor partitions and floor systems shall be of a type rated by a nationally recognized testing laboratory as capable of accomplishing an average sound transmission loss of not less than 50 decibels as rated per the sound transmission class rating system. Doors and door systems between corridors and dwelling units shall be solid core construction. Room relationship, hallway design, door and window placement, plumbing and ventilation installation, and air conditioners shall be such that they assist in the control of sound transmission from unit to unit.

(4)

Storage. No storage shall be permitted under stairways.

(5)

Elevators. All buildings exceeding three stories in height shall be equipped with elevators.

(6)

Restriction as to location below ground level. No dwelling unit within a multiple-family dwelling shall be so constructed as to have more than 40 percent of the horizontal lineal distance of a dwelling unit's exterior wall below ground level. Continuous window wells or other selective excavation shall not be used to circumvent this restriction. Areas that do not qualify as dwelling units because of noncompliance with this subsection may be used for amusement, storage, or as utility areas.

(7)

Storage space requirements. All multiple-family dwellings shall provide a minimum of 96 cubic feet of miscellaneous storage space, in addition to normal space provided in wardrobes, cabinets, and clothing and linen closets, for each dwelling unit. Each such storage space shall be located within the principal building containing such dwelling unit.

(8)

Fire safety. Each dwelling unit shall be provided with a fire extinguisher of such size as is recommended by the fire department, and every multiple-family building housing four or more dwelling units shall be equipped with an automatic fire alarm system, which shall comply with the following requirements:

a.

Fire alarm wiring shall not be run in the same conduit or common enclosure as other wiring;

b.

The system shall be wired to permit a continuous flow of electric power;

c.

Accidental interruption of current flow shall be signaled;

d.

Sounding stations shall be sufficient in number on each floor to be distinctly heard throughout the floor over all other sounds, but at least no further apart horizontally than 100 feet and no farther than 75 feet from a point of egress, and shall be installed in furnace and storage areas;

e.

Electric service to the fire alarm control panels shall be taken from a point between the load side of the electric meter and line side of the first switch through red painted fusible switch or circuit breaker with a lock, labeled and stenciled, "Fire Alarm;" and

f.

All plans for the construction of multiple dwellings shall be reviewed by the fire department.

(9)

Air conditioners. Any central air conditioning unit installed outside or on the roof of a building shall be screened and be a minimum of ten feet from the interior property line.

(10)

Play area. Each multiple-family dwelling containing more than four dwelling units shall provide an outside play and recreation area with a minimum of 20 square feet per dwelling unit. Certain multiple dwellings may be excluded from this requirement if children are not involved (such as housing for the elderly), or if outdoor space is provided for each unit, such as in many townhouse developments.

(11)

Access to street. If it is intended that individual buildings in a multiple-family dwelling complex be sold separately, provisions shall be made so that each such building to be sold abuts on a public street, or has access, prior to or at the sale, to a permanent easement with access thereto extending to a public street.

(g)

Density requirements. Net density calculations shall not include any part of a public street right-of-way, but shall include private drives, private streets, parking space, the area occupied by buildings, utility easements and similar uses. Certain density credits may be provided under planned unit development and other conditions, as provided for in this Code; in addition, the following density credits may be provided:

(1)

Underground parking. The total minimum lot area requirements may be decreased by 300 square feet of lot area for each parking space that is provided under the principal structure or in some other manner underground which allows use of the grade level above such space for other parking, yard, or recreation space.

(2)

Buildings over four stories. The total minimum lot area requirement applicable to any principal use building may be decreased by 100 square feet per dwelling unit for each story over four in those cases where a permit for structures of more than four stories is issued. To qualify for this credit, the structure must provide passenger elevator facilities to all floors. This credit, in combination with any others applicable, shall not be allowed if such allowance would eliminate yard or parking space area otherwise required relative to the dimensions of the proposed structure and the number of units contained in such structure.

(3)

Lot requirements; lot coverage. Minimum requirements are as follows:

(4)

Minimum square feet of lot per building. For each bedroom or efficiency apartment in the R-3 and R-4 districts, there shall be at least 1,500 square feet of level ground lot area provided; for each two bedroom or larger apartment unit there shall be at least 2,000 square feet of level ground provided. Level ground will be considered to be any land with a slope of less than 25 percent grade. Any area with slopes of more than 25 percent will be considered to be 50 percent of the actual area of slope. No building containing more than two dwelling units shall be erected or altered that provides less than 9,000 square feet of lot area.

(h)

Conversion of existing residential building to multiple dwelling use. Buildings originally designed for one or two families and in existence on the effective date of the ordinance adopting this chapter may be converted or expanded to accommodate additional dwelling units by the issuance of a conditional use permit, provided that they conform to the following standards:

(1)

Conformity to requirements of this chapter. The use shall in all respects conform to the requirements with respect to parking, setbacks, and density provided herein for the district in which the property is located. Any use not permitted in the district in which the property is located is prohibited unless the district permits such multiple dwelling, and no variance shall be granted in order to make it conform.

(2)

Building conformance to codes. Prior to the issuance of the permit, the plans and specifications must be submitted to the city council to demonstrate that the building as reconstructed will conform to the applicable codes of the city.

(3)

Architectural features. Architectural plans, including elevations, must be submitted to the city council to demonstrate that the building as reconstructed will conform to the architectural designs in the area in which it is located.

(4)

Notice. In addition to the notice required for conditional use permits, notice shall be served by mail on all property owners within 250 feet of the boundaries of the lot noting the street address and nature of work to be done on the lot and building in question.

(5)

Plans become a part of permit. All plans submitted to and approved by the city shall be incorporated by reference and proper identification in the permit and copies of the approved plans shall be presented to the building official, who shall have the duty to determine that the plans are followed in the reconstruction.

(i)

Location standards for three-family or more homes. The following standards shall be mandatory before a conditional use permit or zoning may be approved, and the city council shall make specific findings that such standards are complied within its determination:

(1)

That the site is located on a major street (collector or arterial) as designated by the city engineer, or is so located that traffic generated need not gain access by way of a minor residential street intended only to provide access to one-family or two-family homes.

(2)

Off-street parking shall be located so that it in no way produces adverse effects upon adjacent residential uses by way of nighttime lights, noise, or similar distractions.

(3)

The appearance and bulk of the building shall be in reasonable conformity to standards set by existing and planned developments in the neighborhood.

(4)

The location shall not isolate fewer than 24 existing or planned one-family or two-family homes from other one-family or two-family homes or otherwise not be in conformity to the comprehensive municipal plan.

(5)

Whether the site may be located as a buffer between residential development and nonresidential uses and, if so, whether the site and building design and screening provide environmental protection for the multiple-family dwellings.

(6)

Whether the site is close enough to public open space such as parks and playgrounds and, if not, whether the site itself provides ample open space and recreational areas.

(7)

Whether the population factor shall be considered in terms of either having sufficient development to merit the cost of governmental services or resulting in congestion, traffic control problems, capacity of governmental services, existing and planned recreational facilities, fire and police protection, snowplowing, and other density-related problems.

(8)

Whether the site is in such close proximity to industrial uses or other adverse environmental effects that might be detrimental to the dwelling unit occupants in terms of health, safety, morals, general welfare, or normal residential amenities expected by residents of any type of residential structure.

(j)

Townhouses. Townhouse developments and twin house developments consist of the placing of common wall residential dwelling units in compact groupings. Townhouse developments and twin house developments shall be permitted in such residential districts as permit multiple dwellings of comparable size and number.

(1)

Standards. Townhouse developments shall conform to all requirements pertaining to multiple-family dwellings, except such as would not be capable of being fulfilled because of the nature of wall-to-wall construction of dwelling units, and the following additional standards:

a.

In addition to common open green space, each unit shall have an area specifically designed and developed for outdoor living and individual family enjoyment and privacy, as contrasted to more standard multiple-family dwellings.

b.

Each development shall have family or private recreation areas specifically designed to accommodate the needs of the occupants.

c.

Not less than 25 percent of the total development area shall be useable open space designed and developed for common use by the occupants of the development for recreation and other common usage participation, which shall be protected by covenants in recordable form and recorded with city and county.

d.

Any room in a dwelling unit used as a study or similar room capable of being converted into a bedroom shall be counted as a bedroom for the purposes of this chapter.

e.

No townhouse development shall be permitted to exceed the following percentages in dwelling unit types:

f.

No building within a townhouse development shall be closer than 60 feet to any single-family use or district.

g.

Each dwelling unit which contains two or more bedrooms shall be provided at least two off-street parking spaces, at least one of which shall be fully enclosed. Each dwelling unit that contains just one bedroom must provide at least one parking space which shall be fully enclosed. If a townhouse development is built with units that front private roads which are not wide enough to accommodate on-street parking for guests, each of these units shall be provided with at least one additional off-street parking space for guests. Each required guest parking space shall be located within 100 feet of the applicable dwelling unit.

h.

The storage of boats, campers, trailers, or any similar items shall be permitted only in a designated location on the site and shall contain one-half parking space per dwelling unit, which storage site shall be fenced, screened, and have lockable space.

1.

No dwelling unit shall be utilized for any purpose other than occupancy by one-family, unless specifically authorized by conditional use permit.

2.

The architectural features may be varied among each dwelling unit, but the total effect shall be such as shall fit into the architectural style common in the neighborhood.

(2)

Landscaping. In addition to the landscaping required by other provisions, townhouse developments shall be additionally landscaped by the planting of trees, shrubs, flowers, or vines in areas facing other residential developments, so designed and maintained as always to present a pleasing appearance.

(3)

Plans and legal documents. Plans to satisfy all the requirements of this Code shall be submitted with the application for a building permit, together with all legal documents as may be required by the city attorney to ensure that the required public rights are appropriately provided for. Such documents as the city attorney shall require shall be in recordable form and shall be recorded with the city and county upon the issuance of a conditional use permit, at the expense of the owner of the development. Such documents shall also contain provisions satisfactory to the city attorney setting forth the responsibility for the payment of taxes and assessments and all platting requirements of the city subdivision regulations and such other requirements as the city attorney may impose to facilitate the identification of areas of ownership and responsibilities by county and city administering officials. This requirement shall apply to all buildings containing more than one dwelling unit.

(k)

Cluster developments. Cluster developments shall be permitted in any multiple-family district by the issuance of a planned unit development conditional use permit.

(1)

Standards. The following standards shall apply:

a.

In R-2, R-3, and R-4 residential districts where public sewer and water is available, the number of dwelling units shall not exceed 150 percent of the total number of dwelling units allowed if the development was based on the minimum lot size requirements for the single-family (R-1) residential district.

b.

Open space shall be preserved in its natural state or as approved by the city council.

c.

Documents satisfactory to the city attorney shall be provided which clearly set forth the required public rights, together with such platting documents as shall clearly delineate the respective areas, in recordable form, and as approved by the city attorney, recorded upon the issuance of building permits.

(2)

Plans and legal documents. The application for a planned unit development conditional use permit shall contain all documents showing in what manner the applicant proposes to fulfill the requirements of this chapter, including site plans and form of legal documents. All documentation shall be reviewed by the zoning administrator and the city attorney prior to presentation to the planning commission, which, before setting a public hearing date thereon, shall give preliminary review thereof and may request such further documentation as it shall deem necessary. Said documentation shall be transmitted to such city officials as shall be responsible for supervising the development during construction and future maintenance thereof for their comments and suggestions.

(3)

Hearing procedure. In addition to the notice required for public zoning hearings generally, notice may be given to such additional parties as the planning commission deems necessary to conduct a proper hearing thereon.

(Code 1992, § 1500.28, subd. 31; Ord. No. 1385, § 3, 11-1-2021; Ord. No. 1431, § 28, 2-3-2025; Ord. No. 1432, § 4, 3-3-2025)

Amusement and entertainment uses shall include, but are not limited to, auditorium or recreational building, reception or meeting hall that is not accessory to an allowed use, billiard parlor, pool hall, bowling alley, dance studio, health club, moving picture theater, swimming pool, reading room, professional fine arts, photography, music, drama or dance studio, video game room, mechanical amusement game room, video tape rental, and similar uses. Said uses shall not be permitted unless they meet the following criteria:

(1)

The use is desirable to the public convenience and welfare;

(2)

The use is not detrimental or injurious to the public health, peace, or safety;

(3)

The use is not detrimental or injurious to the character or value of surrounding properties;

(4)

The use has adequate off-street parking facilities;

(5)

The use is served, or can be served, by adequate utility services;

(6)

The hours of operation of the proposed use will not be detrimental to nearby residential uses;

(7)

The use will not stimulate the gathering of large numbers of persons outside the building within which the use is located.

(Code 1992, § 1500.28, subd. 32; Ord. No. 1357, § 1, 6-1-2020)

Municipal buildings and uses are to be developed in accordance with official public plans as may be on file with the city. Such uses shall follow the zoning regulations of the underlying zoning district with the following exceptions:

(1)

They are exempt from minimum floor area ratio (FAR) and maximum lot coverage by building regulations.

(2)

Buildings may be permitted to deviate from a strict application of a zoning district's exterior building material requirements by conditional use permit. No conditional use permit shall be required for recreational buildings in public parks to deviate from exterior building material requirements if they are developed in accordance with official public plans.

(3)

When located in industrial districts, they may have less than 15 percent lot coverage by landscaping by conditional use permit.

(4)

Multiple principal structures may be allowed on a single lot by conditional use permit. No conditional use permit shall be required for recreational buildings in public parks.

(5)

They may exceed the limit on the number of accessory buildings allowed on a lot and may exceed the height and size maximums for accessory buildings by conditional use permit. No conditional use permit shall be required for accessory buildings in public parks and accessory buildings at the Fleming Field Municipal Airport that are developed in accordance with official public plans.

(6)

In zoning districts where the institutional use standards listed in section 118-274 are applicable, they may deviate from a strict application of setback requirements by conditional use permit. No conditional use permit shall be required for recreational buildings in public parks that are developed in accordance with official public plans.

(7)

They may be granted additional height beyond what a zoning district would typically allow by conditional use permit so long as the additional height is required for operational reasons.

(Ord. No. 1411, § 16, 8-21-2023)

Within the commercial and industrial zoning districts, all uses shall conform to the following standards, unless otherwise provided for herein:

(1)

No nonresidential building shall be erected, reconstructed, altered or moved nearer to the street line on which it faces than the average setback observed by similar buildings on the same side of the street and fronting thereon within the same block. In no case, however, shall such a building setback line be nearer than 40 feet from the center of any adjacent street.

(2)

Wall openings shall conform to the requirements of the state building code. Each nonresidential lot shall have a side yard setback of not less than ten feet from the side property line.

(3)

No building permit shall be issued for any structure over 50 feet high until a conditional use permit has been granted.

(4)

Each nonresidential lot shall have a rear yard not less than 15 feet in depth, as measured from the centerline of an alley, or ten feet from the rear lot line if no alley is present.

(Code 1992, § 1500.28, subd. 34)

(a)

Location priorities. The 1996 Federal Telecommunications Act granted the wireless telecommunications industry expanded authority for licensing and creating new wireless communications systems. This will result in the development of new wireless communications facilities, including towers and antennas. The city desires to locate new wireless communications facilities in the best interest of its residents, consistent with sound land use planning principles and fiscal policy. Therefore, the following location priorities for PWS antennas and towers are established:

(1)

First priority. Location of PWS antenna by lease on existing city facilities, such as water towers.

(2)

Second priority. Location of PWS towers and antennas by lease on city-owned real property.

(3)

Third priority. Collocate antennas on existing PWS towers.

(4)

Fourth priority. Location of PWS towers and antenna on existing structures.

(5)

Fifth priority. Freestanding towers and antenna.

An applicant for a conditional use permit or building permit, as the case may be, must prove that it is not feasible to locate the tower or antenna at a location in any of the lesser numbered priority categories.

(b)

Design.

(1)

PWS towers and antennas shall be designed to blend into the surrounding environment through the use of color and architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

(2)

PWS towers shall be of a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment or better facilitate collocation.

(3)

The towers, poles, antennas and related structures must be screened by security fencing to prevent unauthorized entry. The base of the tower and any accessory structures shall be landscaped with vegetation or in any manner that is compatible with the surrounding character, buildings or landscape.

(c)

Setback requirements. PWS towers must be set back from the side and rear lot line a distance at least equal to the required setback of the underlying zoning district. The tower must be designed, constructed and maintained so that no part of the tower will fall on neighboring property, should the tower collapse. All towers must be set back a minimum 500 feet from the North Concord Street and South Concord Street rights-of-way. This setback is necessary for the following reasons:

(1)

To avoid conflict with the Concord Street Redevelopment Plan, as outlined in the 1999 city comprehensive plan, which clearly outlines improving aesthetics and an enhanced "gateway experience."

(2)

Because of the smaller lots and higher density of the commercial development along Concord Street, there must be adequate setback and buffer from the corridor to guarantee an adequate "drop zone" in case of catastrophic tower failure.

(d)

Tower heights. Freestanding towers are not to exceed 170 feet in height, including antenna attachments.

(e)

Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(f)

Attachments. No signs, pictures, or messages shall be attached to the antenna tower or its antennas or appurtenances, except an owner's identification plat is required.

(g)

Accessory buildings. Accessory equipment associated with the PWS tower shall be located within a building or on the ground within a screen designed and landscaped to be compatible with the proposed structure and surrounding environment. All utility buildings and accessory structures shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and compliments the architectural character of the surrounding neighborhood.

(h)

Construction. All PWS towers erected, constructed, or located within the city and all wiring therefor shall comply with the following requirements:

(1)

All applicable provisions of this Code.

(2)

PWS tower design shall be certified by a qualified and licensed professional engineer to conform to the structural standards of the state building code.

(3)

Any proposed PWS tower shall be designed, structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users, with antenna ports located at ten-foot intervals.

(4)

Metal towers shall be constructed of or treated with corrosive resistant material.

(5)

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

(6)

Antennas and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations, and standards.

(i)

Collocation requirements for existing towers. Existing towers and buildings shall provide rates, terms and conditions that are just, reasonable, and nondiscriminatory for physical collocation of equipment.

(j)

Building permit; inspection. All towers, monopoles, antennas and the like must obtain a building permit and are subject to inspection by the city building official to determine compliance with the state building code construction standards. Deviations from the original construction for which a permit is obtained is a misdemeanor.

(k)

Abandoned or unused towers. Abandoned or unused towers shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the city building inspector. Cessation of operations shall be communicated to the city building inspector by the landowner who owns the property on which the tower is located. To ensure the removal of obsolete and unused towers, the applicant shall, before the issuance of a building permit, provide security in the form of either an unconditional bond, a letter of credit in an amount sufficient to cover the removal costs of the tower and its accessory facilities, or such other form of financial assurance as will satisfy the city council.

(l)

Analysis and study. At the time of PWS antenna or tower application the city shall commission a radio frequency and structural analysis study (the "study") performed by a certified communications engineer engaged by the city. The applicant shall reimburse the city for all costs of the study.

(m)

Application for antenna mounted on or within an existing structure or building. A PWS antenna may be mounted on the outside of any existing structure 30 feet in height or higher in an R-4, LB, C-1, GB, or I district upon the issuance of a conditional use permit. In all zoning districts, PWS antennas may be mounted on the outside of an institutional building or structure, as defined in section 118-207, of any height upon issuance of a conditional use permit. PWS antennas may not extend higher than 18 feet above the highest point of a building or structure. In all zoning districts, a visibly obscure PWS antenna and related accessory equipment may be mounted inside any building or structure upon issuance of a building permit. In addition to other building permit application requirements, an application for a building permit for a PWS antenna to be mounted on or within an existing building or structure shall contain the following information:

(1)

A site plan showing the location of the proposed antenna on the structure and documenting that the request meets the requirements of all applicable zoning building codes;

(2)

A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this Code;

(3)

A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas;

(4)

An intermodulation study to ensure there will be no interference with existing tenants or public safety telecommunication providers;

(5)

Accessory equipment and structures associated with the PWS antenna shall be located within the principal structure on top the principal structure, or ground mounted. Any exterior placement of accessory equipment and structures shall be screened and shall be architecturally designed to blend in with the surrounding neighborhood and the principal structure. All accessory equipment and structures shall be required to meet minimum requirements of the underlying zoning district. Ground-mounted accessory equipment and structure shall be screened from view by suitable vegetation and decorative privacy fencing with a minimum 85 percent opacity. The design of the screening for all ground mounted accessory equipment and structures must reflect and complement the architectural character of the surrounding neighborhood and principal structure. The screening plan is subject to review and approval of the zoning administrator. If the screening plan is part of a conditional use permit application, it shall be subject to the approval of the city council. If the total area of all ground mounted equipment and accessory structures exceeds 120 square feet, a conditional use permit shall be required.

(n)

Additional requirements.

(1)

A conditional use permit is not required, but a building permit is required, for:

a.

An antenna or combination of antenna and PWS tower rigidly attached to a building provided that the combination of antenna and PWS tower and building do not exceed a total height of 15 feet above the highest point of attachment, or the permissible height in that zoning district, whichever is lower;

b.

Antennas and towers used by the city for municipal purposes;

c.

The adjustment or replacement of the elements of an antenna array affixed to a PWS tower or antenna, provided the replacement does not reduce the safety factor and a building permit is first obtained therefor; and

d.

Antennas and towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pickup operations, provided that a building permit is first obtained therefor and provided further that the antennas and towers, as the case may be, must be removed within 72 hours following installation.

(2)

In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the city, the regulation of PWS towers is necessary to minimize adverse visual effects through careful design and siting standards, to avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements, to maximize the use of existing and approved PWS towers and buildings, and to accommodate new wireless telecommunication antennas in order to reduce duplication of PWS towers.

(3)

In the case of an application for a PWS tower conditional use permit, the following additional information must be submitted with the application:

a.

A report from a qualified and licensed professional engineer that does the following:

1.

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

2.

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

3.

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

4.

Documents that the tower and proposed associated antennas conform with accepted electrical engineering methods and practices;

5.

Includes an engineer's stamp and registration number; and

6.

Includes other information necessary to evaluate the request.

b.

Proof that the proposed PWS tower complies with all applicable regulations administered by Federal Aviation Administration.

c.

For all PWS towers, a letter of intent committing the tower owner and successors thereof to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

d.

Before attaching additional antennas or modifying any existing PWS tower, a qualified professional must evaluate and determine that each additional antenna or modification will not interfere with the existing antennas and that the PWS tower can support the additional antennas or modification. Proof of this evaluation must be filed with the city building inspector prior to the attachment of additional antennas or any modifications are made.

e.

PWS tower, criteria for approval. An application for a conditional use permit for a new PWS tower shall not be approved unless it can be established by the applicant that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile radius of the proposed tower due to one or more of the following reasons:

1.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

2.

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a competent radio frequency engineer, and the interference cannot be prevented at a reasonable cost.

3.

Existing or approved towers and buildings within the one-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a competent radio frequency engineer.

(Code 1992, §§ 405.23, 1500.28, subd. 35, 1500.29, subd. 4; Ord. No. 1431, § 29, 2-3-2025)

(a)

Purpose. The purpose of this section is to maintain a harmonious and high standard of development, and to protect the health, safety and welfare of the general public, as well as to protect neighborhoods from adverse effects by ensuring that relocated buildings meet specific requirements.

(b)

Process:

(1)

Permit required. Every licensed house mover shall obtain a permit from the building official before raising, holding up or moving any building.

(2)

Application for permit. An application for a permit to move a building shall include the following:

a.

Legal descriptions for the original and destination properties.

b.

Site plans for the original and the destination properties, including an illustration of where the building will be located after the move.

c.

A designated route and any stops the building will make along the route.

d.

The permitted days, hours, route, movement, parking locations, speed limits, and utility and vegetation removal necessary for the proposed move.

e.

A plan of the electrical, natural gas, cable TV, sewer and water and any other utilities serving the original and destination properties, identifying the locations and types of utilities.

f.

A permit fee as determined by the city council.

g.

An escrow fee for administrative costs as determined by the city council, which shall cover all city administrative costs such as pre-move and post-move building inspections, police and fire street supervision, tree inspection, and other city costs related to the move of the building. Any additional unanticipated administrative costs in excess of the escrow that are incurred by the city as a result of the move shall be paid by the applicant prior to the issuance of a certificate of occupancy.

(3)

All permit applications shall be reviewed and approved by the city engineer, police chief, building official, zoning administrator, and fire marshal prior to its submission to the planning commission.

(4)

All permit applications to move a building out of the city will be acted upon by the city engineer. The zoning administrator may impose additional conditions or the permit. The zoning administrator may deny an application based on the criteria listed in section 118-272(e).

(c)

Inspection by building official. Prior to the recommendation of the building official regarding the permit application, the building official shall make all necessary inspections in order to determine whether the building, its destination property and all components of the move comply with the applicable ordinances of the city. The building official may consider the following factors in making his or her recommendation:

(1)

Whether the building is too large to move without endangering persons or property in the city.

(2)

Whether the building is in such a state of deterioration or disrepair or is otherwise structurally unsafe that it could not be moved without endangering persons or property in the city.

(3)

Whether the building is structurally unsafe or unfit for its intended purpose.

(4)

Whether the applicant's equipment is safe and whether persons and property would be endangered by its use.

(5)

Whether for any reason persons or property in the city would be endangered by the moving of the building.

(6)

Whether the building to be moved is worth at least 50 percent of the cost of a similar building.

(7)

Whether the building in its destination location would fail to comply in any respect with any provision of the City Code or that proper assurance for future compliance has not been given.

(8)

Whether the building to be moved complies in all respects with the building code and other applicable ordinances; provided, that the person proposing that a building be moved may present to the building official complete and detailed plans showing changes which will be made in order to attain compliance. In the event that such changes are proposed, a permit authorizing the moving of such building shall not be issued until the applicant has agreed in writing to complete the necessary changes within a period of one year, the building official has approved the plans, the building permit fee has been paid, and a performance bond, guaranteeing completion of such changes and equal to at least one and one-half times the cost of such proposed work as estimated by the building official, has been filed with the city.

(9)

Whether the zoning regulations or other portions of this Code would be violated by the building in its destination location.

(10)

Whether the new location is not sufficiently prepared for the building to be permanently placed including, but not limited to, the lack of footings or foundation.

(d)

Action by planning commission. The planning commission shall consider the application at a regular meeting or at a meeting called for that purpose. The applicant or the applicant's representative shall appear before the planning commission in order to answer questions concerning the proposed application. The planning commission will consider the application and its possible adverse effects of the move, as well as recommend additional requirements as it deems necessary to prevent such adverse effects. All property owners within a radius of 500 feet from the destination property shall be notified of the hearing at which the proposed application will be considered by the planning commission. The planning commission will determine the application on its merits and make its recommendation to the council.

(e)

Determination by the city council. The city council shall hold a hearing on the application. The decision of the city council shall be by resolution and may include any conditions it deems appropriate. The city council may deny the permit if it finds:

(1)

A requirement has not been met;

(2)

The building is too large to move or that no routes are available to be used without endangering persons or property or seriously inconveniencing traffic in the city;

(3)

The proposed route includes use of private property, and no consent from the owner has been obtained;

(4)

People or property in the city would be endangered by moving the building;

(5)

The proposed building mover's equipment is unsafe, and persons and property would be endangered by its use;

(6)

The proposed building mover does not have a current license issued by the state under Minn. Stat. § 221.81;

(7)

The proposed building mover has been shown to be unreliable and irresponsible in complying with city requirements;

(8)

The building is structurally unsafe or unfit for the purpose for which moved;

(9)

The building to be moved is not worth at least 50 percent of the cost of a similar building;

(10)

The building in the destination property would fail to comply with a provision of this Code, and proper assurances of future compliance have not been given; or

(11)

The building in the destination property would not conform to the general character of the neighborhood.

(f)

Conditions to issuance of a permit. No permit to move a building shall be issued until the following conditions are fully complied with and approved by the building official:

(1)

The city council has approved the permit.

(2)

All fees or deposits have been paid in full.

(3)

All the sewer charges and water bills payable against the original and destination properties have been paid.

(4)

All the sewer and water connections at the original property have been plugged or discontinued at the curb line or at the main.

(5)

All cesspools, septic tanks and cisterns at the original property have been filled.

(6)

All hazards at the original and destination properties have been removed.

(7)

All taxes against the original and destination properties have been paid in full.

(8)

A footing or foundation to accommodate the relocated structure has been built, inspected and approved prior to moving the building.

(9)

A permanent address has been established for the destination property.

(g)

Denial of permit—Return of fees. Upon the denial of a permit, all deposits, bonds and insurance policies will be returned to the applicant. Application fees will not be returned.

(h)

Designated streets for removal. The building official will obtain from the city engineer a list of designated streets, railroad crossings and bridges on which the building may be moved. In making their determinations, the engineer and the police chief will assure maximum safety to persons and property in the city and minimize congestion and traffic hazards on public streets.

(i)

Utility wires. The applicant shall be responsible for all notifications and costs for displacement or removal of any overhead electrical or other wires to effectuate the move.

(j)

Moving operations. Moving of all buildings shall comply with the following:

(1)

All moving operations of the building shall be performed between 10:00 p.m. to 6:00 a.m., unless the city engineer approves otherwise in writing.

(2)

No building shall be raised on moving blocks or on a trailer for more than seven calendar days prior to the move or for more than 14 days after completion of the move.

(3)

In no case shall an exposed vacant basement be left unfenced by the applicant. A minimum of four-foot-high safety fence shall be placed around the perimeter of an exposed basement.

(4)

All exposed basements shall be filled in or backfilled with clean granular fill within seven calendar days after removal of the building. If the exposed basement is left uncovered more than seven calendar days, the building official shall have the basement filled.

(5)

All excavations and basements at the destination site of the building shall be filled in or backfilled within 21 days after completion of the move, unless building official grants an extension of time because of frost conditions.

(6)

All fine grading, seeding and sodding at the destination site shall be completed prior to issuance of a certificate of occupancy, unless the building official grants an extension of time because of frost or other weather conditions.

(7)

Building movers must meet all State of Minnesota requirements, including those imposed by Minn. Stat. § 221.81.

(k)

Completion by the city. If the applicant fails to comply with any provisions of this section, the city may perform the work. All costs associated for performance of the work shall be deemed an unanticipated city administrative cost to be paid by the applicant, pursuant to subsection 118-272(b)(2)g.

(l)

Violation. A violation of this section is subject to the penalties and provisions of section 1-7 of the City Code.

(Ord. No. 1219, § 2, 9-21-2009; Ord. No. 1431, § 30, 2-3-2025)

The requirements and regulations specified in this chapter shall be subject to the following:

(1)

Height limitations.

a.

Height limitations shall not apply to belfries, cupolas and domes, monuments, public utility facilities, transmission towers of commercial and private radio broadcasting stations, television antennae, structures such as silos, barns, etc., church spires, chimneys, smokestacks, flagpoles, parapet walls extending not more than four feet above the limiting height of the building, rooftop structures such as mechanical equipment, elevator shaft and equipment enclosures, and similar structures, provided said exceptions do not exceed ten feet above the roofline and the structure area does not exceed 15 percent of the roof area. In residential districts, private radio broadcasting and receiving antennae and similar structures extending more than ten feet above the roofline shall require a building permit.

b.

In all cases, no structures shall violate the limits and provisions of airport zoning regulations of the city, section 118-206.

(2)

Permitted encroachments into required yards and setback areas.

a.

In general. Except where otherwise regulated by this Code and established below, all buildings, site features, and equipment shall maintain the setback requirements established for the zoning district in which they are located.

1.

Unless otherwise specified herein, there shall be no encroachment into public easements of record without the written approval of the city.

2.

Permitted encroachments into zoning setbacks may be subject to additional restrictions under the Minnesota State Building Code.

b.

Except as prohibited by section 118-240 of this Code, the site features and equipment listed below shall be permitted to locate in yards and to encroach into the required zoning district setback to the extent specified in this section, but in all cases shall maintain the minimum setback indicated.

1.

Yards. The established yards of the zoning code and any primary zoning district. For the purposes of this section, the terms "front yard", "side yard" and "rear yard" shall have the same meanings as defined in section 118-8.

2.

Setbacks from public streets. All setbacks from public streets or proposed public streets shall be measured from the planned widened rights-of-way in accordance with the master street plan of the city. References to a "front property line" is assumed to denoted the planned widened rights-of-way in accordance with the master street plan of the city.

3.

Required setbacks. Except where otherwise noted, references to "required setback" means the minimum setback required for the principal building in the applicable zoning district.

c.

In all zoning districts:

1.

Utilities. Utility poles and wires, water, gas and other public utility appurtenances are permitted at any location in a front, side or rear yard with no minimum setback from any property line.

2.

Retaining walls. Retaining walls up to four feet in height are permitted at any location in a front, side, or rear yard with no minimum setback from any property line provided that the area for the retaining walls are not within the MRCCA area, conservation easements, natural ravine, or other areas where slope alterations are restricted. Retaining walls over four feet in height are subject to the requirements of the Minnesota State Building Code.

3.

Steps, stoops, and landings. Steps, stoops and exterior landings are permitted in a front, side or rear yard and may be built up to a property line provided that all building code requirements are met. The building code may require additional setbacks for steps, stoops, and landings if they are built out of combustible materials.

4.

Private sidewalks. Private sidewalks are permitted in a front, side, or rear yard without a minimum setback.

5.

Eaves. Overhanging eaves may encroach up to three feet into a required front, side, or rear setback. Where a required setback to a property line is reduced to less than three feet by reason of a variance or other approval granted by the city, the allowed eave encroachment shall in no event cross the property line. An overhanging eave may encroach up to six feet into a required front or rear setback when placed over steps, stoops or an exterior landing providing that the encroachment shall not exceed eight feet in width along the wall plane. Encroachments into side setback areas that would be closer than five feet from a side property line are subject to additional restrictions under the Minnesota State Building Code and Minnesota State Fire Code. Permitted encroachments under this section shall be of high quality durable materials that are consistent with the front of the principal structure and that are consistent with the zoning regulations for the district. Roofing on these encroachments shall be asphalt shingle or standing seam metal roofing, corrugated metal or plastic are not permitted.

6.

Underground garages. Underground garages, in accordance with sections 118-121, 118-197, and the Minnesota State Building Code, may encroach into any required front, side or rear setback, provided that a front setback of not less than five feet and side and rear setbacks of not less than five feet shall be maintained.

7.

Antennas. Antennas and supporting structures, including satellite receiving antennas greater than one meter in diameter in residential districts and greater than two meters in diameter in nonresidential districts, shall not be located within a front yard and shall be located only to the side or rear of the principal structure where side and rear setbacks of not less than ten feet shall be maintained. All antennas and supporting structures, including satellite receiving antennas, shall meet the applicable requirements of sections 118-205 and 118-271 of the City Code.

8.

Ramps and other devices in compliance with the ADA. Ramps and other devices for access to buildings and sites by disabled persons in compliance with the American Disabilities Act may encroach into any required front, side or rear setback provided all Building code requirements are met. The building code may require additional setbacks for some ramps that are built out of combustible materials.

9.

Window wells. Egress window wells may encroach up to four feet into a required or actual front, side or rear yard setback, subject to review and approval by the building official. Window wells shall not be permitted to cross property lines and may not be placed in public drainage and utility easements. Any egress window well that is closer than two feet to a property line must be fitted with a cover that can support at least 250 lbs. of weight.

d.

In residential zoning districts (R-1, R-2, R-3, and R-4) and single-family dwellings, two-family dwellings, and three-family dwellings in the MMM1 sub-district:

1.

Uncovered porches, balconies, open decks, and terraces. Uncovered porches, terraces, open decks, and balconies may encroach six feet into a required front setback, four feet into a required side setback and 15 feet into a required rear setback, provided that a front setback of not less than ten feet, a side setback of not less than five feet and a rear setback of not less than ten feet shall be maintained. A railing and spindles must be used around the open deck or balcony if the structure is located in a front yard or a street side yard on a corner lot, regardless of whether the Building Code would normally require this treatment for safety. If unfinished wood components are used to construct the deck or balcony, the wood must be stained, painted, or sealed. In no instance shall such structures cover more than ⅔ of the rear yard.

2.

Patios. Uncovered concrete and paver patios that are built flush at grade level may be built up to the side or rear property line but shall be built to ensure that drainage is directed to a public way (toward the street or alley) so that the drainage does not adversely affect a neighboring property. In no instance shall a patio cover more than ⅔ of the rear yard. Uncovered concrete and paver patios that are built flush at grade may also encroach up to six feet into any required or actual front yard.

3.

Chimneys. Chimneys may encroach two feet into a required front, side, or rear setback, provided that front and rear setbacks of not less than 22 feet and a side setback of not less than three feet shall be maintained.

4.

Awnings. Awnings may encroach three feet into a required front, side or rear setback, provided that front and rear setbacks of not less than 22 feet and a side setback of not less than five feet shall be maintained. An awning may encroach up to six feet into a required front or rear setback and up to five feet into a required side setback when placed over steps, stoops or an exterior landing, provided that the encroachment shall not exceed eight feet in width along the wall plane and that front and rear setbacks of not less than 20 feet and a side setback of not less than five feet shall be maintained.

5.

Clothes lines. Clothes lines and laundry drying equipment are not permitted within the front yard and shall be located only in side and rear yards. In instances where the side or rear yard abuts a public street, the required setback shall be no less than the required setback for a principal building in that zoning district.

6.

Arbors and trellises. Arbors, trellises, or other growing support structures that do not exceed 20 square feet in area may encroach into a required or actual front, side or rear yard. Such encroachments shall not exceed nine feet in height. Both the sides and the roof must be at least 50 percent open, or, if latticework is used, shall be less than 60 percent opaque. Such structures shall not be constructed out of a razor wire, chain link, chicken wire, railroad ties, utility poles, plywood, or other similar materials. Detached arbors and trellises larger than what is described above and pergolas must comply with the setback and height requirements for a detached accessory building.

7.

Permanently installed outdoor fireplaces and barbeques. Permanently installed outdoor fireplaces and barbeques are not permitted within the front yard and shall be located only in side and rear yards. Such features shall not encroach into the required side setbacks and may encroach up to ten feet into the required rear setback provided that a rear setback of not less than 15 feet shall be maintained. In instances where the side or rear yard abuts a public street, a setback of not less than the required front setback shall be maintained.

8.

Basketball backboards. Basketball backboards, rims, and support structures may encroach 20 feet into required front and rear setbacks and four feet into a required side setback in the front yard, provided that front, rear, and side setbacks of not less than five feet shall be maintained. Such features may encroach on public easements of record with the written approval of the city.

9.

Other recreation equipment. Other permanent recreational equipment and play apparatus over four feet in height are not permitted within the front yard. Such features are permitted in side and rear yards provided that the side and rear setbacks of not less than five feet shall be maintained, including those instances where the side or rear yard abuts a public street. Such features may encroach on public easements of record with the written approval of the city.

10.

Air conditioning equipment. Air conditioning equipment may encroach up to five feet into a required or actual side or rear yard provided that it does not cross the property line. Air conditioning equipment may encroach five feet into any required front yard, provided that a front setback of not less than 15 feet is maintained. Air conditioning equipment encroaching into a front setback shall be screened by landscaping, a fence, or a wall.

11.

Bay and bow windows. Bay and bow windows may encroach up to two feet into any required or actual front, side and rear yard, provided that front or rear setback of at least three feet, and a side setback of a least five feet shall be maintained.

12.

Entry vestibules. Entry vestibules, enclosed areas that have walls, doors, windows, or screens, and are less than eight feet in width may encroach six feet into any required front and rear setback, provided that front and rear setbacks of not less than 20 feet shall be maintained. Permitted encroachments under this section shall be of high quality durable materials that are consistent with the front of the principal structure and that are consistent with the zoning regulations for the district. Roofing on these encroachments shall be asphalt shingle or standing seam metal roofing, corrugated metal or plastic are not permitted. The base of the entry vestibule, defined as the area from the floor of the entry vestibule down to grade, shall not be open; the base shall be either a masonry perimeter foundation (note: Frost footings will be required for a building permit), or be screened by a solid fascia consistent with the front of the principal structure or lattice with openings no larger than two inches by two inches and painted to be consistent with the front of the principal structure.

13.

Porticos. Porticos, which are small, covered porches that do not have walls, doors, windows or screens, may encroach six feet into any required front setback, provided the portico is less than eight feet in width and a front setback of ten feet is maintained. No encroachment shall be allowed into a required side or rear setback. Permitted encroachments under this section shall be of high-quality durable materials that are consistent with the front of the principal structure and that are consistent with the zoning regulations for the district. Roofing on these encroachments shall be asphalt shingle or standing seam metal roofing, corrugated metal or plastic are not permitted. A railing and spindles must be used around the portico. The base of the portico, defined as the area from the floor of the portico down to grade, shall not be open; the base shall be either a masonry perimeter foundation (note: Frost footings will be required for a building permit), or be screened by a solid fascia consistent with the front of the principal structure or lattice with openings no larger than two inches by two inches and painted to be consistent with the front of the principal structure. If unfinished wood components are used to construct the portico, the wood must be stained, painted, or sealed.

14.

Covered but open porches. Covered but open porches without walls, doors, windows or screens may encroach eight feet into any required front setback, provided that a front setback of not less than ten feet is maintained. No encroachment shall be allowed into a required side or rear setback. Permitted encroachments under this section shall be of high-quality durable materials that are consistent with the front of the principal structure and that are consistent with the zoning regulations for the district. Roofing on these encroachments shall be asphalt shingle or standing seam metal roofing; corrugated metal or plastic are not permitted. A railing and spindles must be used around the covered but open porch. The base of the covered porch, defined as the area from the floor of the porch down to grade, shall not be open; the base shall be either a masonry perimeter foundation (note: Frost footings will be required for a building permit), or be screened by a solid fascia consistent with the front of the principal structure or lattice with openings no larger than two inches by two inches and painted to be consistent with the front of the principal structure. If unfinished wood components are used to construct the porch, the wood must be stained, painted, or sealed.

15.

Driveways. A driveway may be allowed to encroach into the required two-foot setback from an adjacent property that is zoned or used for residential purposes if either of the following requirements is met:

i.

The driveway or a portion of the driveway is a shared driveway governed by an easement agreement between the two adjacent properties. The easement document must be provided to the city at the time of driveway permit application.

ii.

The driveway is accessory to a single-family dwelling, two-family dwelling, or three- family dwelling and the driveway is built to ensure that drainage is directed to a public way (toward the street or alley) so that the drainage does not adversely affect a neighboring property.

e.

In nonresidential zoning districts:

1.

Awnings and canopies. Awnings and canopies may encroach six feet into required front and rear setbacks and four feet into required side setbacks provided that a front setback of not less than ten feet, and side and rear setbacks of not less than five feet shall be maintained.

2.

Underground storage tanks. Underground storage tanks for any purpose (but not above-ground appurtenant equipment) are permitted in any front, side, or rear yard, as per the Minnesota State Building Code. Such features shall not encroach into public easements of record.

3.

Above-ground equipment appurtenant to underground storage tanks. Above-ground equipment appurtenant to underground storage tanks (except fuel dispensing equipment and stations as per section 118-256 of this Code) are not permitted within a front yard and shall be located only in side and rear yards and the setbacks shall be as per the Minnesota State Building Code. Such equipment shall not encroach into public easements of record.

f.

In the C-1, CGMU, and MMM districts:

1.

Awnings. Awnings projecting from commercial, mixed-use, and multi-family residential buildings do not have a setback requirement from adjacent street right-of-way.

i.

Projection. Awnings may extend over public property not more than seven feet from the face of a supporting building and no portion shall extend nearer than two feet from the face of the nearest curb-line measured horizontally. Any new projection over public property is subject to review and approval by the city engineer.

ii.

Clearance. All portions of any awning shall be at least eight feet above the ground or pavement below. Nonrigid valances attached to an awning may extend down to a point not less than seven feet above the ground or pavement below.

(Ord. No. 1234, § 5, 9-20-2010; Ord. No. 1258, § 1, 4-16-2012; Ord. No. 1385, § 3, 11-1-2021; Ord. No. 1390, § 1, 3-7-2022; Ord. No. 1408, § 6, 6-5-2023; Ord. No. 1411, § 8, 8-21-2023; Ord. No. 1418, § 2, 2-5-2024)

(a)

Definition. Institutional use applies to any churches or buildings serving religious purposes, government, charitable, nonprofit clubs or lodges, medical or dental uses (human or animal), nursing homes, day care centers, schools providing instruction for three or more students on the premises at one time, housing for students, and facilities for philanthropic or fraternal uses.

(b)

Standards. The following standards shall govern all uses under this section and shall be strictly adhered to:

(1)

The lot or parcel on which the use is to be located shall contain sufficient area so that it will conform in all respects to setback lines, yard, parking, and loading and unloading requirements for the zoning district in which it is located. If such requirements are not specifically set forth, they shall be those imposed upon the most nearly similar use permitted in the zoning district.

(2)

Except in the case of day care, if the use is to be located in any residential district, the lot or parcel shall have not less than 100 feet of frontage on a public street as measured at the building setback line.

(3)

If the use is to be located in any residential district, no building shall be erected unless it conforms to the setback lines provided for in the zoning district in which it is located, provided that no principal building shall be nearer than its height to the rear or side property line when such lot or parcel abuts a one-family or two-family home.

(4)

If the use is to be located in any residential district, screening shall be provided on any side that abuts a residential use.

(5)

The landscaping shall be set forth in a very detailed landscaping plan.

(6)

The site development plan, including private drives and roads, the exact location of all buildings and structures, landscaping and screening, if required, shall be presented to and approved by the city council. Before the plan is submitted for final approval, it shall have endorsed thereon the approval of the fire department, the city engineer, the zoning administrator, and such other public bodies and agencies as may have an applicable interest in the proposed use.

(7)

An architectural plan showing the design and elevation of the building or buildings in detail sufficient to show the relationship of the structures to the surrounding area shall be submitted to and approved by the city council.

(8)

The development or use shall be served by public water and sewer.

(9)

Solid waste storage and disposal areas shall either be provided within a building or in properly screened areas, the plans for which shall be presented to and approved by the city council.

(10)

The city engineer shall certify on the plan submitted therefor that the surface water drainage provided is satisfactory.

(11)

Any use listed herein and proposed to be located within an existing building may be exempted from certain requirements such as lot width and setbacks, provided the city council determines that the use of said existing building and lot is not detrimental to the welfare of adjacent and nearby uses for future occupants of the building and lot for purposes of the use applied for. Approval of the use applied for within an existing building shall not in any way be considered as a variance to the terms of this chapter.

(c)

Existing uses. Any institutional use with an existing conditional use permit may not be altered, extended, or enlarged unless the owner first applies for an amendment of the conditional use permit or for a new permit. No use that extends or enlarges nonconforming uses hereunder shall be permitted.

(Ord. No. 1263, § 2, 11-19-2012; Ord. No. 1321, § 9, 9-18-2017; Ord. No. 1431, § 31, 2-3-2025)

(a)

Restrictions and regulations. An alternative financial establishment shall comply with the following requirements:

(1)

The operation of an alternative financial establishment shall comply with all city, state and federal laws and regulations.

(2)

Alternative financial establishments shall be operated only in the zoning district(s) as set forth in this Code and in accordance with the zoning regulations of this Code.

(3)

Alternative financial establishments shall not be operated or located on a site unless the establishment is at least 800 feet when measured in a straight line from the building in which the establishment is located, to the property line from any existing alternative financial establishment, secondhand goods store, adult use, body art establishment, pawn shop, day care facility, school, on or off-sale liquor establishment, park or public facility or residential property, including multifamily residential properties.

(4)

Alternative financial establishments shall not use bars, chains, or similar security devices or measures that are visible from the public street or sidewalk.

(Ord. No. 1278, § 4, 12-16-2013)

(a)

Purpose. The purpose of this section is to regulate the business of tattooing, body piercing, body branding, body painting and body art for the purpose of protecting the general health, safety, and welfare of the community. The city council is aware that activities that involve the piercing of skin with needles or other instruments pose the potential risk of spreading infection disease(s) or causing other health problems if not done in a safe manner and under sanitary conditions. Therefore, the city council finds it necessary and in the interest of the protecting the general health, safety and welfare to adopt regulations governing tattooing and body piercing.

(b)

Definitions. The following words and terms shall have the following meanings unless the context clearly indicates otherwise:

Body art or body art procedures means physical body adornment including, but not limited to, tattooing and body piercing. Body art does not include practices and procedures that are performed by a licensed medical or dental professional if the procedure is within the professional's scope of practice.

Body art establishment means any structure or venue, whether permanent, temporary, or mobile, where body art is performed. Mobile establishments include vehicle-mounted units, either motorized or trailered, and readily moveable without dissembling and where body art procedures are regularly performed in more than one geographic location.

Body piercing means the penetration or puncturing of the skin by any method for the purpose of inserting jewelry or other objects in or through the body. Body piercing also includes branding, scarification, suspension, subdermal implantation, microdermal, pocketing ("anti-piercing") and tongue bifurcation. For the purposes of this section, body piercing does not include the piercing of the outer perimeter or the lobe of the ear using a presterilized single-use stud-and-clasp ear-piercing system.

Branding means an indelible mark burned into the skin using instruments of thermal cautery, radio hyfrecation, and strike branding.

Microdermal means a single-point perforation of any body part other than an earlobe for the purpose of inserting an anchor with a step either protruding from or flush with the skin.

Micropigmentation or cosmetic tattooing means the use of tattoos for permanent makeup or to hide or neutralize skin discolorations.

Operator or technician means any person who controls, operates, or manages body art activities at a body art establishment and who is responsible for the establishment's compliance with these regulations, whether or not the person actually performs body art activities.

Owner means an individual, firm, company, corporation or association that owns and operates an establishment where body art is performed.

Procedure means performing a technique to apply body art, as defined in this section, to an individual.

Scarification means an indelible mark fixed on the body by the production of scars.

Subdermal implantation means the implantation of an object entirely below the dermis.

Suspension means the piercing of human tissue with large gauge fishing hooks or other piercing apparatus to raise or lower an individual with pulleys or other apparatus.

Tattooing means any method of placing indelible ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. Tattooing also includes micropigmentation and cosmetic tattooing.

Temporary body art establishment means any place or premises operating at a fixed location where an operator performs body art procedures for no more than 21 days in conjunction with a single event or celebration.

Tongue bifurcation means the cutting of the tongue from the tip to the base, forking at the end.

(c)

State licenses required.

(1)

Body art establishment license required. No person, partnership, corporation or other form of business entity shall operate a body art establishment without first obtaining a body art establishment license from the State of Minnesota. Jewelry stores and accessory stores that provide ear-piercing services exclusively using piercing guns shall be exempt from this section. This section does not apply to any body art performed or provided by a licensed medical or dental professional in a medical or dental office.

(2)

Body art technician license required. No person shall engage in or perform any body art technique or procedure upon another unless the person holds a valid body art technician license from the State of Minnesota in accordance with the state law regulating body art.

(3)

Proof of license required. Upon request of the city clerk, zoning administrator, or their designee, the operators of a body art establishment shall provide a copy of their body art establishment license and a copy of the body art technician licenses for any technicians operating on the premises.

(d)

Performance standards.

(1)

No person, partnership, corporation, or other form of business entity shall operate a body art establishment that is located on property that is not part of a zoning district that explicitly lists body art establishments as an allowed use.

(2)

No premises licensed by the State of Minnesota as a body art establishment, whether temporary or permanent, shall sell or provide alcoholic beverages. This restriction shall not apply to a body art establishment that only provides micropigmentation and cosmetic tattooing if they have obtained the necessary license to sell or provide alcoholic beverages.

(3)

No body art establishment shall be open for business before 7:00 a.m. or after 11:00 p.m. This restriction shall not apply to a body art establishment that only provides micropigmentation and cosmetic tattooing.

(4)

Temporary body art establishments and mobile establishments are prohibited in all zoning districts.

(5)

All body art technicians and body art establishments licensed by the State of Minnesota shall comply with all state statutes, rules, and regulations governing body art.

(e)

Minn. Stat. §§ 146B.01—146B.10 adopted by reference. Except as otherwise provided in this section, the regulatory and procedural provisions in Minn. Stat. §§ 146B.01—146B.10 (body art licensure and regulations), as amended, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof.

(Ord. No. 1415, § 7, 9-8-2023)

Outdoor dining is permitted as an accessory use for restaurants, cafes, delicatessens, breweries, wineries, cideries, distilleries, and similar uses in any zoning district where these uses are allowed, subject to the following conditions:

(a)

Site plan review required.

(1)

The proposed site plan for any outdoor area shall be reviewed in accordance with Section 118-47. Outdoor dining site plans may be reviewed and approved administratively by the zoning administrator if they fully comply with all provisions of the City Code and do not require a conditional use permit, variance, or other city council approval.

(b)

Rules for conditional use permits for on-sale liquor and outdoor dining.

(1)

If a property has an existing conditional use permit for on-sale liquor, liquor may be served in the outdoor dining area without a conditional use permit amendment provided that this is consistent with the terms of the liquor license. However, for new outdoor dining areas established after March 18, 2024 at businesses that serve alcohol, the outdoor dining area must be closed by 10:00 p.m. unless later hours of operation are granted via a conditional use permit amendment.

(2)

If a property is lawful nonconforming and has indoor on-sale liquor without a conditional use permit, the expansion of liquor service to a new outdoor dining area shall require a conditional use permit.

(c)

Performance standards.

(1)

No portion of the outdoor dining area shall be located or occur within any public right- of-way, including the sidewalks/trails, boulevard areas or streets, unless otherwise approved with a sidewalk café permit (see chapter 54, article VII).

(2)

The outdoor seating area shall be defined with the use of landscaping, permanent or temporary fencing or other means that defines the outdoor seating area and contains the tables and chairs for the use as demonstrated on a site plan and approved by the zoning Administrator. If the outdoor dining area is in direct contact with or immediately adjacent to a vehicle parking or driving area, sufficient vehicle barriers must be provided.

(3)

The dining area shall be surfaced with concrete, bituminous or decorative pavers or may consist of a deck constructed of wood or another flooring material that provides a clean, attractive, and functional surface. Other surfacing materials may be allowed through a site plan review by the city council.

(4)

The outdoor dining area must conform to all fire and building codes related to the number and types of exits that are required.

(5)

Refuse containers must be provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation and must be designed to prevent spillage and blowing litter.

(6)

The operator of the outdoor dining area shall be responsible for paying any required sewer access charges.

(7)

Additional parking is not required if the outdoor dining area does not have more customer seats than the principal uses indoor dining area or if the total square footage of all dining areas does not exceed 7,500 square feet. If the outdoor dining area has more seats than the indoor dining area and the total square footage of all dining areas exceeds 7,500 square feet, a conditional use permit is required and the city will evaluate parking needs as a part of the conditional use permit review.

(8)

Unless otherwise allowed by conditional use permit, an outdoor dining area within 20 feet of a side or rear property line that abuts a lot with R zoning or a lot which contains a building with a ground-floor residential use must provide code-compliant screening along these property lines that is at least six feet in height. This requirement shall not apply to sidewalk cafes that are operated in accordance with chapter 54, article VII.

(Ord. No. 1422, § 7, 3-18-2024)

(a)

Purpose. The purpose of this section is to establish reasonable restrictions on the time, place, and manner of the operation of cannabis businesses, hemp businesses, and temporary cannabis events, as allowed by state statute.

(b)

Definitions. The definitions of words and phrases contained in Minn. Stat. § 342.01 and the rules promulgated by the office of cannabis management shall apply to this section unless defined differently herein. The following words and phrases shall have the meanings stated:

Cannabis business. A commercial enterprise involved in cultivating, processing, distributing, or selling cannabis for recreational or medical use. For zoning purposes, "cannabis business" pertains to the land use activity at a site, not the state-issued license.

Cannabis cultivation. Planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts for recreational or medical use.

Cannabis delivery service. A person or entity that purchases cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products from cannabis and lower-potency hemp edible businesses and transports and delivers those products to customers.

Cannabis retailers. An entity that acquires, possesses, transfers, sells, dispenses, or distributes medical or recreational cannabis, products containing cannabis, and related supplies and products to the public.

Cannabis or lower-potency hemp edible manufacturing. An entity that creates cannabis concentrate and manufactures cannabis products and hemp-derived consumer products for recreational or medical public consumption; an entity that purchases hemp and artificially derived cannabinoids to make hemp concentrate, and manufactures artificially derived cannabinoids and hemp edibles for public consumption; an entity that packages and labels lower-potency hemp edibles for sale to customers; an entity that sells hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles to other cannabis businesses and hemp businesses.

Cannabis testing facility. A facility licensed to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products.

Cannabis transporter. An entity that transports immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived consumer products from a cannabis business to a cannabis business.

Cannabis wholesaler. An entity that obtains, stores, and sells or otherwise transfers medical or recreational cannabis or hemp seeds, plants, flower, or other products for the purpose of resale or other transfer to a cannabis business, but not to consumers.

Lower-potency hemp edible business. A lower-potency hemp edible manufacturer, lower- potency hemp edible retailer, or any business that produces, manufactures, transports, or sells lower-potency hemp edible products. All lower-potency hemp edible businesses must be licensed by the State of Minnesota prior to operation.

Lower-potency hemp edible retailer. An entity that possesses, transfers, sells, dispenses, or distributes lower-potency hemp edible products and related supplies and products.

On-site consumption, cannabis. On-site consumption of cannabis shall be allowed accessory to a cannabis retailer with an on-site consumption endorsement from the State of Minnesota. Such on-site consumption must comply with all regulations under Minn. Stat. Ch. 342, and rules adopted pursuant to the chapter. Smoking, including smoking for the purpose of the sampling of products, is prohibited within the indoor area of any on-site consumption use established under this chapter.

On-site consumption, lower-potency hemp edible products. On-site consumption of lower- potency hemp edible products shall be allowed accessory to a lower-potency hemp edible retailer. Such on-site consumption must comply with all regulations under Minn. Stat. Ch. 342, and rules adopted pursuant to the chapter.

School. A public school as defined under Minn. Stat. § 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. § 120A.24.

Temporary cannabis event. An event lasting no more than four days at which cannabis products, cannabis flower, lower-potency hemp edibles, and hemp-derived consumer products may be sold and for which the organizer has a cannabis event organizer license issued by the office of cannabis management.

(c)

General Provisions.

(1)

A cannabis business or lower-potency hemp edible business shall only be allowed in a zoning district if that type of business is explicitly listed as being a permitted, conditional, or accessory use in the district.

(2)

Outdoor commercial cultivation of cannabis and hemp is prohibited.

(3)

Proposed cannabis businesses and lower-potency hemp-derived edible businesses that require a conditional use permit shall submit an odor management plan as part of their application packet. Odors from the operation must not be discernable beyond the property line. If the business is in a multitenant facility, odors shall not be discernable in other tenant spaces.

(4)

A cannabis business that will have any new exterior lighting must provide a lighting and photometric plan with their conditional use permit application. Lighting and glare must comply with all relevant standards for the applicable zoning district.

(5)

A cannabis business that has a cultivation or manufacturing component must be located within a freestanding building and shall not be allowed to occupy a space in a multitenant building.

(6)

Cannabis retailers must operate and maintain a closed-circuit television (CCTV) surveillance system. The CCTV video surveillance system must operate for 24 hours per day, seven days per week, and visually record all sales areas and all points of exit and entry. This requirement shall not apply to a business that is only selling lower- potency hemp-derived edibles as an accessory use.

(7)

Cannabis cultivation businesses shall provide adequate security in accordance with state licensing requirements. This may include fencing, lighting, alarms, door and window locks, and/or secure storage and waste.

(8)

On-site consumption of cannabis shall only be allowed if explicitly stated in the conditional use permit. This requirement shall not apply to the on-site consumption of lower-potency hemp edible products. The conditional use permit will establish parameters for on-site consumption of cannabis and may restrict which parts of the property will allow on-site consumption. Smoking and vaping of cannabis products shall be prohibited indoors at all cannabis businesses.

(d)

Buffering. A cannabis business shall not be located within:

(1)

1,000 feet of an elementary or secondary school (K—12 grades). This is measured from the property line of the school to the property line of the cannabis business.

(2)

500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. This is measured from the location of the public park attraction to the property line of the cannabis business.

(3)

500 feet of another cannabis business, measured by a line from the nearest point on the property boundary line of the property on which the existing business is located to the nearest property boundary line of the property on which a business is proposed to be located.

(e)

Exceptions to the buffering requirements.

(1)

The buffering requirements shall not apply to an existing licensed and registered cannabis retailer in operation if one of the uses that triggers a buffering requirement commences operation within the buffer area.

(2)

Cannabis businesses located in the I-1 Light Industrial and I-Industrial zoning districts shall not be required to observe the buffer from public parks or the buffer from other cannabis businesses.

(3)

Cannabis businesses located on a property that is within 500 feet of the right-of-way line of Concord Street shall not be required to observe the buffer from attractions in a public park.

(4)

The buffering requirements shall not apply to a non-cannabis business that sells lower- potency hemp-derived edibles as an accessory use.

(f)

Temporary Cannabis Events. The following restrictions shall be in effect for temporary cannabis events:

(1)

Temporary cannabis events shall only be allowed in the CGMU-1, CGMU-2, MMM- 2, MMM-3, and MMM-4 zoning subdistricts.

(2)

The event may last no longer than four days or 96 hours.

(3)

The event must comply with any buffering requirements that apply to cannabis businesses in the underlying zoning district.

(4)

Consumption or use of cannabis at or on the property of a temporary cannabis event is prohibited.

(Ord. No. 1428 , § 2, 12-16-2024)

(a)

Use. Barge fleeting on the Mississippi River within the corporate limits of the city is not a permitted use of the river unless an interim use permit has been issued by the city council for such use.

(b)

Areas. Interim use permits may be issued for barge fleeting only in the following areas of the river:

(1)

Fleeting area No. 1. From the north right-of-way line of Central Avenue, extended easterly, to a point 1,000 feet northerly, along the right descending bank of the river, to river mile 835.

(2)

Fleeting area No. 2. From the south right-of-way line of Central Avenue, extended easterly, to the north right-of-way line of Wentworth Avenue, extended easterly.

(3)

Fleeting area No. 3. From river mile 832.4 (southern extremity of Wakota Bridge) to river mile 832.

(Code 1992, § 845.01)

An application for a barge fleeting interim use permit must be in writing, addressed to the city council, and filed with the city clerk. At the time of filing the application, the applicant shall pay to the city the fee established in chapter 26. The application must contain the following information, and such other information as the applicant deems appropriate:

(1)

The name, address and telephone number of the applicant, and the name of the official of the applicant to be contacted;

(2)

The fleeting area or portion of a fleeting area for which application is made;

(3)

The number of barges to be fleeting and whether the barges will be loaded or unloaded;

(4)

A drawing to appropriate scale showing the relationship of the fleeting barges to the river bank, the location of mooring structures, the location of outfalls, the location of wing dams, and the location of bridge abutments;

(5)

The distance from the fleeting area to the nearest residential buildings; a statement of the environmental imports which will result from the proposed fleeting;

(6)

The types of materials or products the barges will contain when fleeted;

(7)

Whether barge cleaning facilities are to be located within the fleeting area; and

(8)

Alternatives that were considered by the applicant to fleeting within the requested area.

The applicant must furnish such additional information as may be requested from time to time by the planning commission or the city council.

(Code 1992, § 845.03)

In case the application is for an area adjacent to, adjoining, or in proximity to a floodwall or a flood protection embankment, the city shall cause an engineering study to be made by a qualified independent consulting engineer to determine the effect of the proposed barge fleeting on the integrity of the floodwall or flood protection embankment. The cost of such study is paid by the applicant who must deposit the estimated cost with the city prior to initiation of the study. If the final cost of the study is more than the amount of the deposit, the applicant must pay the difference to the city prior to final action of the city council on the interim use permit application; if the final cost of the study is less than the amount of the deposit, the city shall promptly refund the difference to the applicant. The study must be completed prior to the planning commission conducting a public hearing on the application for an interim use permit.

(Code 1992, § 845.05)

(a)

Hearing. The clerk will transmit a copy of the application for an interim use permit to the planning commission which must hold a public hearing thereon at such time and place as shall be determined by the planning commission. Notice of the date, time, place and purpose of the hearing must be published twice in the official newspaper of the city, the last publication being not less than ten days prior to the date of the hearing, and notice shall be mailed not less than ten days prior to the date of the hearing to each owner of real property located wholly or partly within 500 feet of the fleeting area for which the interim use permit is requested. A copy of the application must be mailed to the commissioner of the department of natural resources not less than ten days prior to the date of the hearing.

(b)

Report. The planning commission must make its report and recommendation on the application for an interim use permit to the council within 60 days after the submission of a complete application.

(Code 1992, § 845.07)

(a)

Time. The council must grant or deny the application for an interim use permit within 60 days of the submission of a complete application.

(b)

Findings. An interim use permit for barge fleeting may not be granted unless the council finds and determines that the establishment, maintenance, or conducting of the use will not under the circumstances of the particular case be detrimental:

(1)

To the existing land uses adjoining the particular fleeting area;

(2)

To the future use and development of land adjoining the particular area;

(3)

To the health, safety, comfort, peace, convenience or welfare of persons residing or working in the neighborhood of such use;

(4)

To the public welfare or injurious to property or improvements in the neighborhood of the use;

(5)

To public improvements or facilities;

(6)

To park area or park usage; or

(7)

To the environment.

(Code 1992, § 845.09)

The following conditions must be incorporated in and made a part of each interim use permit issued for barge fleeting, and such other and additional conditions as the council deems necessary and appropriate in the particular case:

(1)

The term of the interim use permit may not exceed five years from the date of its issuance.

(2)

The issuance of the interim use permit may not create or establish a vested right in the permittee to any extension, renewal, or issuance of a further permit.

(3)

Any barge cleaning facilities must be serviced by public sewer.

(4)

Barge fleeting must be located more than 200 feet from marina access and boat access points in order to provide a clear line of sight for boaters using these facilities.

(5)

Barge fleeting alongside river parkways or trails immediately adjacent to the river may not exceed 900 feet in length without the provision of adequate view corridors.

(6)

Barge fleeting may not be located immediately adjacent to park areas, unless it is shown that there is no conflict with park usage.

(7)

Existing trees may not be utilized for tie-up facilities.

(8)

A public address system that is audible to the adjacent land may not be utilized by line boat or tow boat operators in the barge fleeting area, except in case of an emergency. The permittee must ensure that all line boat and tow boat operators are aware of this requirement and must take all reasonable measures to ensure compliance.

(9)

The interim use permit is not effective unless and until all permits required for such use by federal and state laws and regulations have been issued to the permittee. In the event any federal or state permit is revoked, cancelled or terminated during the term of the interim use permit, the interim use permit terminates as of the date of revocation, cancellation or termination of the federal or state permit.

(10)

The interim use permit may not be assigned or transferred without the prior consent of the council.

(11)

Barges may not be fleeted within 50 feet of the outfall of any sewer.

(12)

Upon the expiration of the interim use permit, or its prior termination, cancellation, or revocation, the permittee must remove all mooring structures and other structures installed in the riverbed or riverbank.

(Code 1992, § 845.11)