1. Intent. It is the intent of this section to establish performance standards to minimize conflict between land uses, to preserve the use and enjoyment of property, protect property values and to protect the public health, safety and welfare. These standards shall apply to all uses of land and structures and are in addition to any requirements applying to specific zoning districts.
2. Standards.
   1. Noise. 
      1. Minn. Rules § 7030, as may be amended from time to time, is hereby adopted by reference as a minimum standard for noise. In addition, any use established must be so operated that no noise resulting from the use is noticeable above typically expected levels to a reasonable person beyond the boundaries of the lot line of the site on which the use is located. This standard shall not apply to incidental traffic, parking, loading, construction or normal maintenance operations. The city may also limit the hours of operation of outdoor noise if it is deemed necessary to reduce impacts on the surrounding neighborhood.
      2. Noise levels measured at the adjoining property line of residential uses or residentially zoned property shall not exceed 55dBA during the hours of 10:00 p.m. to 7:00 a.m. and 60dBA during the hours of 7:00 a.m. to 10:00 p.m., with the highest one-minute equivalent noise level being no more than 75dB. A noise study conducted by a qualified professional may be required to establish existing ambient noise levels before development of a proposed use and actual noise levels after construction and operation of the proposed use.
         
   2. Odor. No use shall produce unreasonable or disturbing odors beyond the property line exceeding applicable regulations established by the Minnesota Pollution Control Agency.
   3. Exterior lighting.
      1. Exterior lighting shall be designed and arranged to limit direct illumination and glare upon or into any contiguous parcel. Reflected glare or spill light shall not exceed five-tenths foot-candles as measured on the property line when abutting any residential parcel and one foot-candle on any abutting commercial or industrial parcel. Street lights installed in the public right-of-way shall be excepted from these standards.
      2. Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads. These measures shall include lenses, shields, louvers, prismatic control devices and limitations on the height and types of fixtures. The city may also limit the hours of operation of outdoor lighting if it is necessary to reduce impacts on the surrounding neighborhood.
      3. No flickering or flashing lights shall be permitted.
      4. Direct, off-site views of the light source shall not be permitted except for globe and/or ornamental light fixtures approved in conjunction with a site and building plan. Globe and ornamental fixtures shall only be approved when the applicant can demonstrate that off-site impacts stemming from direct views of the bulb are mitigated by fixture design and/or location.
      5. The city may require submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this chapter.
   4. Glare. Glare, whether direct or reflected, such as from floodlights, spotlights, or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the site of origin at any property line.
   5. Vibration. No use shall at any time cause earth vibrations perceptible beyond the limits of the property on which the operation is located.
   6. Smoke and particulate matter. No use shall produce or emit smoke, dust or particulate mater exceeding applicable regulations established by the Minnesota Pollution Control Agency.
   7. Toxic or noxious matter. No use or operation shall emit a concentration of toxic, noxious or corrosive matter across the property line which exceeds applicable regulations established by the Minnesota Pollution Control Agency.
   8. Radiation. No operation shall be conducted which exceeds the standards established by applicable regulations of the Minnesota Department of Health.
   9. Hazard. Every operation shall be carried on with reasonable precautions against fire and explosion hazards. All materials regulated in this section shall be utilized, stored, manufactured and handled in accordance with the Minnesota State Fire Code, as may be amended from time to time.
   10. Heat and humidity. No use shall produce any unreasonable, disturbing or unnecessary emissions of heat or humidity beyond the property line which cause material distress, discomfort or injury to persons or ordinary sensitivity.
   11. Electromagnetic interference. No use shall produce electromagnetic interference with normal radio or television reception in any residential district, or exceed applicable standards established by any applicable federal or state regulations.
   12. Liquid or solid waste. All uses shall be subject to applicable regulations or the city governing discharge into a public storm or sanitary sewer, waterway or stream.
   13. Visual. 
       1. It is hereby affirmed as essential public policy that the appearance of this community is a proper matter for public concern and that all open spaces, buildings, signs, plantings, surfaces, and structures which may be seen are subject to the provisions of this title. 
       2. All principal buildings other than single- and two-family homes shall be designed by a registered architect and shall be certified in accordance with the appropriate statutes of the state, including, but not limited to, the Minnesota State Building Code.. The application for a building permit shall be accompanied by exterior elevations of the proposed building which will adequately and accurately indicate the height, size, bulk, design, and the appearance of all elevations and a description of the construction and materials proposed to be used therein.
          
       3. Commercial districts.
          1. All structures in commercial districts shall have an exterior finish consisting of the following permitted materials: 
             1. Brick
             2. Stone (natural or cementitious)
             3. Decorative concrete block or integral colored block
             4. Architectural glass
             5. Stucco (natural or artificial, including exterior insulated finishing systems (EFIS)
             6. Fiber cement siding
             7. Precast concrete
             8. Factory-finished metal paneling materials, as an exterior material for architectural trim
             9. Other comparable materials as approved by the Zoning Administrator.
          2. The building design should exhibit architectural control which seeks to be creative and maximize building lines, shades and angles to maximize architectural uniqueness.
          3. All buildings shall contain a concrete floor.
          4. All buildings shall incorporate similar exterior materials on all sides of a building.
             
       4. Light industrial district.
          1. All structures in the light industrial district shall have an exterior finish consisting of the following permitted materials:
             1. Materials listed in c(1) above.
             2. Based on building size, height, location and/or special use, the city may approve the use of factory-finished metal paneling materials or its equivalent for exterior wall surfaces provided such materials are used in conjunction with other materials listed above. Use of factory-finished metal paneling or its equivalent shall not exceed thirty five percent (35%) of the cumulative area of all building walls. The Council may approve a greater percentage, not to exceed sixty percent (60%) of the cumulative area of all building walls, provided the applicant demonstrates that the modification results in a better integration of the building with the surrounding area and will further the intent of this Section. Factory-finished metal paneling materials shall be used primarily on the rear wall and secondarily on the side and/or front wall.
          2. Building elevations and facades should include a variety of architectural features and building materials to provide visual interest and give each project a distinctive character. Any exterior building wall adjacent to or visible from a public street, public open space or abutting property may not exceed 50 feet in length without significant visual relief consisting of one or more of the following:
             1. The façade shall be divided architecturally by means of significantly different materials or textures; or 
             2. Horizontal offsets of at least four feet in depth; or
             3. Vertical offsets in the roofline of at least four feet, or fenestration at the first floor level that is recessed horizontally at least one foot into the façade.
                
          3. All building shall contain a concrete floor.
             
       5. Prohibited materials. Prohibited materials include face materials that rapidly deteriorate or become unsightly such as unfinished/non-pigmented structural concrete block, galvanized metal, sheet metal (either corrugated or plain), unglazed structural clay tile or common or back-up quality brick, or similar materials.
3. Testing. In order to assure compliance with the performance standards set forth above, the city may require the owner or operator of any permitted use to have made those investigations and tests as may be required to show adherence to the performance standards. Investigation and tests as are required to be made shall be carried out by an independent testing organization as may be agreed upon by all parties concerned, or if there is failure to agree, by such independent testing organizations as may be selected by the city after 30 days' notice. The costs incurred in having the investigations or tests conducted shall be shared equally by the owner or operator and the city, unless the investigation and tests disclose non-compliance with the performance standards, in which event the entire investigation or testing cost shall be paid by the owner or operator. The procedure above stated shall not preclude the city from making any tests and investigations it finds appropriate, to determine compliance with these performance standards.

1. A permit shall be required for any swimming pool with a capacity of more than 500 gallons or more than two feet in depth.
2. An application for a building permit shall show:
   1. The type and size of the pool;
   2. The site plan;
   3. The location of the pool;
   4. The location of the house, garage, fencing, and other features on the lot;
   5. The location of structures on all adjacent lots;
   6. The location of the filter unit, pump, and wiring (involving type);
   7. The location of the back-flush and drainage outlet;
   8. The grading plan, finished elevations, and final treatment (decking, landscaping, and the like) around the pool for in-ground pools only; and
   9. The location of existing overhead or underground wiring, utility easements, trees, and similar features.
3. In single-family districts:
   1. Pools for which a permit is required shall not be located within ten feet of any side or rear lot line nor within six feet of any principal structure or frost footing. Pools shall not be located within any required front yard;
   2. Pools shall not be located beneath overhead utility lines or over underground utility lines of any type;
   3. Pools shall not be located within any private or public utility, walkway, drainage, or other easement;
   4. In the case of in-ground pools, due precautions shall be taken during the construction period to:
      1. Avoid damage, hazards, or inconvenience to adjacent or nearby property; and
      2. Assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust, or other infringement onto adjacent property.
   5. To the extent feasible, back-flush water or water from pool drainage shall be on the owner's property or into approved public drainage ways. Water shall not drain onto adjacent or nearby private land;
   6. The filter unit, pump, heating unit, and any other noise-making mechanical equipment shall be located at least 30 feet from any adjacent or nearby residential structure and not closer than ten feet to any lot line, or enclosed in sound-resistive enclosure in lieu of 30 feet. In all cases, noise shall not exceed minimum standards as set forth in SLPC 16.28.010 Paragraph B;
   7. Lighting for the pool shall be directed into or onto the pool and not onto adjacent property;
   8. A safety fence of at least four feet in height shall completely enclose the pool. All openings or points of entry into the pool area shall be equipped with gates or doors. All gates in the fence shall have a lockable latch that is no less than three and one-half feet from the ground, and shall be placed in a manner so as to be inaccessible to small children. All gates shall be locked when the pool is not in use or is unattended. Any opening between the fence bottom and the ground or the surface shall not exceed two inches. All fences shall be constructed of either vertical board, alternating board (board on board), or chain link. The materials used in the construction of the fence shall be of sufficient strength to withstand normal use and weather conditions. Vertical board fences shall have no more than a one-inch space between boards on the same side. Alternating board fences shall have no more than a four-inch space between the front and back board. Cross member boards for both vertical board and alternating board fences shall be no less than three and one-half feet apart on a horizontal plane. Chain link fences shall be of a minimum nine-gauge metal wire with a mesh no greater than two inches. The Building Inspector shall approve all plans for the construction of fences around swimming pools required by this title prior to the construction. All above-ground outdoor swimming pools that have a minimum four-foot high vertical side wall shall be excepted from this provision, provided that the access to that above-ground swimming pool is enclosed by a four-foot safety fence meeting the requirements of this title;
   9. Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. Water shall be subject to periodic inspection by the Health Officer;
   10. All wiring, lighting, installation of heating unit, grading, installation of pipes, and all other installation and construction shall be subject to inspection by public inspectors; and
   11. Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures.
4. Pools in medium density and multiple-family areas (residential structure containing two or more dwelling units) shall conform to the standards set for single-family districts with the following restrictions:
   1. No part of the water surface of the swimming pool shall be less than 50 feet from any lot line;
   2. No pump, filter, heating units, or other apparatus used in connection with or to service a swimming pool shall be located less than 50 feet from any lot line. In all cases, the noise shall not exceed minimum standards as set forth in SLPC 16.28.010 Paragraph B; and
   3. All deck areas, adjacent patios, or other similar areas so used in conjunction with the swimming pool shall be located not closer than 30 feet to any adjacent single-family lot line. Adequate screening including both fencing and landscape treatment shall be placed between these areas and adjacent single-family lot lines.
5. In all areas:
   1. Required safety fencing shall be completely installed within three weeks following installation of the pool and prior to the pool being filled;
   2. Nuisances such as undue noise, lighting onto adjacent property, health and safety hazards, damage to nearby vegetation, and the like shall not be permitted;
   3. Filling of pools via fire hydrants or other public means shall require approval of the City Public Works Department; and
   4. Drainage of pools onto public streets or other public drainage ways shall require approval of the City Public Works Department.
6. The purpose of this section is to provide a reasonable degree of safety for the owners, users, and others who may have occasion to be on the premises where swimming pools are located; and further to provide reasonable regulations so that the use and enjoyment of nearby properties will not be subject to undue noise, lighting, or other nuisances that may result from swimming pool use and activities.
7. For the reason stated in Paragraph F, the following provisions of this code shall be applicable to swimming pools in existence on the date of its passage: Paragraphs C,2, C,3, C,5 through C,11, and E,1 through E,4. All existing pools shall be in compliance with the provisions referred to herein on or before the passage of this title.

1. Purpose. The purpose of this section is to promote a pleasant physical environment and to protect the public and private property within the city by regulating the location, height, type of construction, and maintenance of all fences.
2. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOUNDARY FENCE. Any fence parallel to the property line.
   FENCE. Any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure and located along the boundary, or within the required yard. A FENCE shall not include naturally growing shrubs, trees, other foliage, or trellis.
   PRIVACY FENCE. Any fence used for screening of outdoor living areas and for enclosures where restricted visibility or protection is desired. PRIVACY FENCES shall not require a permit as stipulated in the following paragraph.
3. Permit required. No fence shall be erected or substantially altered in the city without securing a permit from the Building Inspector. All permits of this type shall be issued upon a written application which shall set forth the type of fence to be constructed, the material to be used, height, and exact location of the fence. A fee as set from time to time by Council resolution shall be paid with each application.
4. Location of fences.
   1. Fences, when constructed to enclose any lot or tract of land, shall be located in such a way that the entire fence shall be on the property of the owner, but not on the property line, except by mutual consent of both property owners prior to construction. Posts and framework shall be placed within the property lines of the owner and the actual fencing material, such as wire, lumber, pickets, and the like, shall be placed on the side of the fence which faces the street or the adjacent property.
   2. No fences shall be allowed or constructed on street rights-of-way. Fences may, by permit, be placed on public utility easements so long as the structures do not interfere in any way with existing underground or overground utilities. Further, the city or any utility company having authority to use those easements shall not be liable for repair or replacement of these fences in the event they are damaged or destroyed by virtue of lawful use of the easement.
5. Construction and maintenance.
   1. All fences shall be constructed in conformity with the wind, stress, foundation, structural, and other requirements of the State Building Code and every fence shall be constructed in a workmanlike manner and of substantial material reasonably suited to the purpose for which the fence is to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition which would constitute a public nuisance or a dangerous condition. If a fence is allowed to become and remain in such a condition, the Building Inspector is authorized to notify the owner or owners of the fence of the condition and allow the owner or owners ten days in which to repair or demolish the fence.
   2. Link fences, wherever permitted, shall be constructed in such a manner that the barbed end is at the bottom of the fence.
   3. No barbed wire or barbed wire fences shall be allowed on private property in residential districts.
6. Residential district fences. In single- and multiple-family residential districts, no fence may exceed four feet in height above the ground level, in front of the front line of the residential structure, along any street or highway right-of-way, or in the front yard as defined by this title. In these districts, fences along the side lines to the rear of the front line of the residential structure and along the rear line, including rear lines abutting street or highway right-of-way zones, may not exceed six feet in height above the ground level. The required front yard of a corner lot shall not contain any fence which may cause danger to traffic on a street or public road by obscuring the view. On corner lots, no fence shall be permitted within the intersection sight distance triangle as shown in SLPC 16.64.030, App. C.
7. Commercial and industrial fences. In business and industrial districts, fences may not exceed eight feet in height above the ground level, and the use of barbed wire is prohibited, except that the top one foot of any fence in these districts may be constructed of barbed wire. Fences located within the sight distance triangle, as defined in SLPC 16.64.030, Appendix C, shall be no less than 75% transparent and shall not exceed a maximum height of 48 inches measured from ground level.
8. Special purpose fences.
   1. Fences for special purpose and fences differing in construction, heights, or location, may be permitted in any commercial or industrial district in the city, only by issuance of a conditional use permit approved by the City Council after a recommendation by the Planning Commission, and upon evidence that the special purpose fence is necessary to protect, buffer, or improve the premises for which the fence is intended.
   2. The approval of these buffer fences may include stipulations as to the material, height, or location of the special purpose fence.
9. Non-conforming fences. All existing fences at the time of the adoption of this section, which are not in violation of this section and are not located within a public right-of-way or easement, but which violate other sections of this chapter, may be continued to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violations be continued.

1. Screening. Required screens shall consist of a wall or fence or earth berm with plantings.
2. Walls and fences. Walls or fences used as screens shall be of not less than 90% opacity, as viewed from the perpendicular, and not less than six nor more than seven feet in height above the level of the residential district property at the district boundary. These height regulations shall not apply to screens of loading areas which are regulated in SLPC 16.40.090 Paragraph B.
3. Exceptions. Walls or fences of lesser heights may be permitted by the City Council if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district or there is a finding that a screening of the type required by this title would interfere with the provisions of adequate amounts of light and air to same properties.
4. Earth berms. Earth berms at least six feet in height together with compact evergreen or deciduous hedge with other trees and plantings on a strip at least ten feet in width may be used as screening. At planting, hedge materials must be at least two feet in height and coniferous trees must be at least four feet in height. All deciduous trees shall be a minimum of two and one-half inches in diameter with a height of at least five feet.
5. Installation and maintenance. Required screening shall be installed at the time of construction. All required screening devices shall be installed and properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.

Structures to be relocated into any district within the city shall be considered as new construction and regulated accordingly, and subject to any existing city ordinance.