(a)

The performance standards established in this section are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible. The performance standards are designed to prevent and eliminate those conditions that cause blight or are detrimental to the environment.

(b)

Before any building permit is approved, the zoning administrator shall determine whether the proposed use will conform to the performance standards. The developer or landowners shall supply data necessary to demonstrate such conformance. Such data may include a description of equipment to be used, hours of operation, method of refuse disposal, and type and location of exterior storage.

(c)

The performance standards shall apply to future development in all districts and to existing development within the respective compliance periods as noted in each section. Compliance may be waived by the city if a building condition created under prior ordinances physically precludes the reasonable application of the standards.

(Prior Code, § 5.6.06(a))

(a)

Purpose and intent. This section permits, as an accessory use, solar energy systems, while protecting the health, safety and welfare of city residents and the property interests of adjacent and surrounding land uses through appropriate zoning and land use controls.

(b)

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

Building-integrated solar energy system means a solar energy system that is directly incorporated into the building by replacing typical building materials.

Ground-mounted solar energy system means a solar energy system that is installed onto the ground directly or by means of brackets or poles.

Roof-mounted solar energy system means a solar energy system mounted to a house or other building.

Solar energy system means a set of devices whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.

Solar thermal system means a system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs of the building.

(c)

Solar energy systems and solar structures. Solar energy systems are allowable as an accessory use in all zoning districts, subject to the following requirements:

(1)

Standards.

a.

Height. Roof-mounted solar energy systems shall not project beyond the peak of the roof and shall not be more than two feet above the roof surface to which they are attached. Ground-mounted solar energy systems shall not exceed 15 feet in height.

b.

Location. Solar energy systems must be located in the rear yard only.

c.

Setbacks. Ground-mounted solar energy systems shall follow all current setback requirements and coverage area restrictions applicable for an accessory structure as set forth by zoning ordinance and shall be located a minimum of five feet from all utility easements. Roof-mounted solar energy systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted.

d.

Coverage. Roof-mounted solar energy systems shall not cover more than 80 percent of the total area of the roof. Solar energy systems must have three feet of clearance around all edges to facilitate emergency responder access.

e.

Architecture. Solar energy systems shall be designed to blend into the architecture of the building to the best extent possible unless otherwise screened from routine view from public rights-of-way other than alleys.

f.

Feeder lines. All power exterior electrical or other service lines must be buried below the surface of the ground.

g.

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

(2)

Safety.

a.

Compliance with building codes. All solar energy systems shall comply with the Minnesota Building Code and any local building code requirements.

b.

Compliance with electric code. All solar energy systems shall comply with the National Electrical Code.

c.

Compliance with plumbing code. All solar thermal systems shall comply with the Minnesota State Plumbing Code.

d.

Certifications. Solar energy system components shall be certified by Underwriters Laboratories Inc. and the Solar Rating and Certification Corporation. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

(d)

Approval.

(1)

Permits. The erection, alteration, improvement, reconstruction, and movement of a solar energy system requires a building permit from the city.

(2)

Utility notification. The owner of a solar energy system that will physically connect to a house or other building's electrical system and/or the electric utility grid must enter into a signed interconnection agreement with the utility prior to the issuance of a building permit.

(e)

Abandonment. If the solar energy system remains nonfunctional or inoperative for more than 12 consecutive months, the system shall constitute a public nuisance. The owner shall obtain a demolition permit and remove the abandoned system at their expense. Removal includes the entire structure, including collector, mount, and transmission equipment.

(f)

Aesthetics. All solar energy systems shall use colors that blend with the color of the roof or other structure. Reflection angles from collector surfaces shall be oriented so as not to interfere with the use and enjoyment of other properties. Where necessary, screening may be required to address glare.

(g)

Easements. It shall be the responsibility of the property owner to secure any desired solar easement to protect solar access for the system (per Minn. Stats. § 500.30).

(h)

Installation.Solar energy systems shall be installed only by a licensed contractor.

(i)

FAA. A glare analysis may be required before a solar permit is issued.

(Prior Code, § 5.6.06(b); Ord. No. 530, 5-11-2021)

The storage of wood for wood stoves, fireplaces or wood furnaces shall be permitted in the back half of the lot, but not to exceed ten percent of the back half of the lot. The minimum setback from property lines shall be five feet. The maximum height of stored wood shall be six feet, and shall be maintained to minimize unsightliness and rodents.

(Prior Code, § 5.6.06(c))

All commercial or industrial uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids shall require a conditional use permit in order that the city council may have assurance that fire, explosion, or water or soil contamination hazards are not present (that would be detrimental to the public health, safety and general welfare). All existing, aboveground liquid storage tanks having a capacity in excess of 10,000 gallons shall secure a conditional use permit within 12 months following enactment of the ordinance from which this chapter is derived. All conditional use permittees shall comply with all prevailing MPCA regulations.

(Prior Code, § 5.6.06(d))

(a)

Screening shall be required in residential zones where any off-street parking area contains more than four parking spaces and is within 18 feet of an adjoining residential zone; and/or where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential use or zone. The 18-foot requirement is met by a street or an alley.

(b)

Where any business or industry (structure, parking or storage) is located adjacent to property zoned or developed for residential use, that business or industry may, at the discretion of the city, be required to provide screening along the boundary of the residential property. Screening may also be required where a business, parking lot or industry is located across the street from a residential zone, but not on that side of a business or industry considered to be the front as determined by the zoning administrator.

(c)

The screening required herein may consist of a fence, trees, shrubs or berms which obscures the stored materials, but shall not extend within 15 feet of any street or driveway. The screening shall be placed along the property lines or in case of screening along a street, 20 feet from the street right-of-way with landscaping between the screening and the pavement. Plantings of a type approved by the city council may also be required in addition to or in lieu of fencing.

(Prior Code, § 5.6.06(e))

For purposes of this chapter, a fence is defined as any partition, structure, wall or gate erected within the required yard.

(1)

All boundary line fences shall be entirely located upon the property of the person, firm or corporation constructing, or causing the construction of such fence unless the owner of the adjoining property agrees, in writing, that such fence may be erected on the common property line of the respective properties. The zoning administrator may require the owner of the property upon which a fence now exists, or may require any applicant wishing to construct a fence, to establish the boundary lines of this property by a survey thereof to be made by any registered land surveyor. The property owner must be able to maintain both sides of their fence.

(2)

Fences shall be constructed in a professional manner and of standard fencing materials. Fences shall not be constructed from chicken wire, welded wire, plastic deer fence netting or similar product, snow fence, branches, or materials originally intended for other purposes.

a.

In residential areas, fences may be located in any yard up to a height of four feet. Fences may be constructed up to six feet high in the side and rear yard (described as a line extending from the front facade of the principal building to the side lot lines, and then along the side lot lines and rear lot line).

b.

In commercial/industrial areas, fences shall not exceed a height of 8-1/2 feet.

(3)

Fences that abut an alleyway shall be located a minimum of five feet from the rear lot line.

(4)

The maximum height of a fence or hedge on a corner lot shall be three feet for a distance of ten feet from the corner.

(5)

Fences in the front yard can be a maximum height of four feet; with a minimum of 50 percent opacity. Fences in the front yard are limited to decorative fences such as picket fences, split rail fences and decorative iron fences. A chain link fence is not considered a decorative fence.

(6)

All posts or similar supporting devices used in the construction of fences shall face inward toward the property being fenced. That side of the fence considered to be the face shall be oriented toward abutting property or rights-of-way.

(7)

Fences in a commercial/industrial zone higher than identified above shall require a conditional use permit.

(Prior Code, § 5.6.06(f); Ord. No. 522, § 5.6.06(f), 10-8-2019)

The following shall be considered as permitted encroachments on setback and height requirements except as provided in this chapter:

(1)

In any yard, posts, off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, step chimneys, flagpoles, ornamental features, open fire escapes, sidewalks and fences, and all other similar devices incidental and appurtenant to the principal structure except as hereinafter amended.

(2)

Decks are also exempted from the rear yard setback requirements except that a deck may not be located closer than five feet from the rear property line.

(3)

Awnings are permitted as encroachments, so long as the awning is set back from the back of the curb a distance of five feet and the lowest point on the awning is no less than eight feet from the ground level below the awning.

(Prior Code, § 5.6.06(g))

(a)

In residential districts.

(1)

No accessory buildings on an internal lot may be located within ten feet of the side or five feet of the rear lot lines or from the designated setback of 15 feet on the street side of a corner lot.

(2)

No accessory building or private detached garage shall exceed the maximum height of 20 feet to the peak from the average level of the highest and lowest point of that portion of the lot covered by the building.

(3)

Accessory buildings which are attached to a principal structure and are separated from the principal structure by a wall may be permitted by conditional use permit. If detached, they shall not be located closer than ten feet from the principal structure. A permanent foundation or slab shall be required. Such accessory buildings shall be anchored and not be larger than 1,200 square feet in area. For purposes of this provision only, for accessory buildings 120 square feet or less, the permanent foundation shall include having a treated wood perimeter.

(4)

No private detached garage used or intended for the storage of passenger automobiles shall exceed 900 square feet nor have any access door or other opening exceed the height of nine feet. Permanent foundation or slab shall be required. The garage must be of same or similar finish and be of homogeneous design with the principal structure.

(5)

Accessory buildings shall not occupy more than 50 percent of the rear yard, or 1,200 square feet, whichever is less. Any accessory building exceeding 120 square feet, except greenhouses, must be of same or similar finish and be of homogeneous design with the principal structure.

(b)

In commercial and industrial districts.

(1)

No accessory building shall exceed the height of the principal building except by conditional use permit.

(2)

Accessory buildings shall be located any place to the rear of the principal buildings, except where prohibited by other sections this chapter.

(Prior Code, § 5.6.06(h); Ord. No. 522, § 5.6.06(h), 10-8-2019; Ord. No. 523, § 3, 11-26-2019)

No garage, tent, trailer, recreational vehicle or accessory building shall at any time be used as a residence.

(Prior Code, § 5.6.06(i))

(a)

Permit required. Before raising, holding up or moving any building, except newly constructed homes and newly constructed accessory buildings that have an area of 200 square feet or less, the owner shall obtain a moving permit from the city administrator. An application for such permit shall indicate the origin and destination of such building, the route over which it is to be moved and shall state the time in which the moving of such building shall take place. The permit shall also indicate (if the building is being relocated to a lot within the city limits) the location of the lot on which the house is to be located, the dimensions of the lot and the proposed location of the structure on the lot along with setback distances. No permit to move a building shall be issued unless and until the following conditions are fully complied with and approved by the city administrator.

(1)

The building to be moved must comply in all respects with pertinent city rules and ordinances.

(2)

The lot on which the building is to be located must meet all the minimum dimensional requirements of the zoning district in which it is located.

(3)

The building must be placed on the lot so as to meet all the front, side and rear yard requirements as set forth in this chapter.

(4)

The building must be moved by a licensed building mover, except accessory buildings that have an area of 200 square feet or less.

(b)

Electrical corrections requirements.

(1)

In every case in which a permit shall be issued as herein provided for the removal required or the displacement of any overhead electrical or other wires, it shall be the duty of the person, association, or corporation owning, operating, or controlling said wires to remove or displace the same.

(2)

The person to whom said permit shall have been issued shall notify the person, association, or corporation owning, operating, or controlling said wires to remove or displace the same to facilitate the removal of said wires sufficiently to allow the passage of said buildings along the street over which said wires are suspended.

(c)

Application procedure.

(1)

The city administrator shall take action to approve or disapprove the permit within 30 days after receiving the application.

(Prior Code, § 5.6.06(j); Ord. No. 522, § 5.6.06(j), 10-8-2019)

Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of said vacated area shall not be affected by such proceeding.

(Prior Code, § 5.6.06(k))

Mobile/manufactured homes shall be permitted in the R-1 and R-3 districts, provided they meet the following minimum standards:

(1)

Width is 24 feet or more.

(2)

Has a minimum floor area of 800 square feet.

(3)

The dwelling is placed on a permanent continuous foundation.

(4)

The mobile home shall be similar to existing homes. The longest dimension of this structure shall be placed parallel to the narrowest dimension of the lot, and the architectural design, color, roof pitch or lack of it, roof overhang or lack of it, and exterior material of all buildings and structures shall not be so inconsistent with surrounding buildings and areas as to constitute a blighting influence.

(5)

The dwelling shall be connected to city sewer and water system if available.

(6)

All other requirements of state law and city codes are met.

(7)

Existing mobile/manufactured homes shall only be replaced with mobile/manufactured homes which meet the above minimum standards.

(Prior Code, § 5.6.06(l))

(a)

Performance standards.

(1)

Public health.

a.

Soils and topography. Condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or to the health and safety of the occupants. The site should not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion shall be subject to unpredictable and/or sudden flooding.

b.

Sewage disposal and water supply. All mobile homes shall be properly connected to a central water supply and a central sanitary sewer system. All water and sewer systems shall be constructed in accordance with plans and specifications approved by the city and state department of health.

c.

Refuse. The storage, collection, and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding, accident or fire hazards, or air pollution.

(2)

Fire protection.

a.

Mobile home parks shall be kept free of litter, rubbish, and other flammable material.

b.

Fire hydrants shall be installed if the park water supply system is capable to serve them in accordance with the following requirements:

1.

Fire hydrants, if provided, shall be located within 500 feet of any mobile home, service building or other structure in the park.

2.

Fire hydrant location and water main size shall be approved by the engineer.

(b)

Manufactured/mobile home park lots; lot requirements.

(1)

Each mobile home site shall contain at least 5,000 square feet of land area for the exclusive use of the occupant and shall be at least 50 feet wide.

(2)

Mobile homes shall be placed upon lots so that there shall be at least ten feet from the side lot line, 20 feet between the front of the mobile home and front lot line, and 25 feet between the rear of the mobile home and the rear lot line.

(3)

The area occupied by a mobile home shall not exceed 60 percent of the total area of a mobile home site; and may be occupied by a mobile home, a vehicle, an accessory building, a carport, an awning or other structures. Non-conforming uses existing on the effective date of the ordinance from which this article is derived are exempt from this provision.

(c)

Mobile home park design.

(1)

Streets.

a.

All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such access shall be provided by streets, driveways, or other means.

b.

Entrances to mobile home parks shall be designed to minimize congestion and hazards and to allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of 30 feet from its point of beginning.

c.

Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements:

1.

All streets except minor streets shall be at least 24 feet in width.

2.

Dead-end streets shall be limited in length to 500 feet and shall be provided at the closed end with a turn-around having an outside roadway diameter of at least 90 feet.

3.

All dead-end streets shall be marked with approved signs at the entrance to the dead-end street.

4.

Minor streets shall be a minimum of 20 feet in width (acceptable only if less than 500 feet long and serving less than 25 mobile homes of any length if mobile home lots abut on one side only) and shall have one-way traffic or parking on one side only.

d.

All streets shall be provided with a paved, concrete or bituminous surface. Pavement edges shall be protected with Class 5 gravel or equal to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained in a satisfactory condition.

e.

Longitudinal grades of all streets shall range between 0.40 percent and 8.00 percent. Transverse grades of all streets shall be sufficient to ensure adequate transverse drainage.

f.

Streets within 50 feet of an intersection shall be at right angles.

g.

A distance of at least 85 feet shall be maintained between the centerlines of offset intersecting streets within the park. Intersections of two or more streets at one point shall be avoided.

h.

All parts of the park street system shall be adequately lighted to ensure safe and efficient traffic movement. Potentially hazardous locations such as major street intersections, steps or pedestrian ramps shall be individually illuminated with adequate lighting.

(2)

Walkways.

a.

All parks shall be provided with safe, convenient, all season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual mobile homes and park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.

b.

A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks have a minimum width of five feet.

c.

All mobile homes shall be connected to common walks, to paved streets or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two feet.

(3)

Parking. Each mobile home lot shall have off-street parking space for at least two automobiles. Each space shall be ten feet by 20 feet minimum.

(4)

Parks and recreation areas. A minimum of 12 percent of the total mobile home park shall be dedicated and developed for parks and recreation areas for the benefit of the mobile home park.

(5)

Landscaping and screening. A properly landscaped area shall be adequately maintained around each mobile home park. Exposed ground surfaces in all parts of every mobile home park shall be paved or covered with stone screening or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust. All mobile home parks adjacent to industrial, commercial, or residential land uses shall be provided with screening such as fences or natural growth along the property boundary lines separating the park from such adjacent use.

(6)

Mobile/manufactured home stands.

a.

The area of the mobile home stand shall be improved to provide adequate support for the placement of the mobile home.

b.

The mobile home stands shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, or other forces acting upon the structure.

c.

Each park shall have a minimum area of five acres.

(7)

Structures.

a.

Every structure in the mobile home park shall be developed and maintained in a safe, approved, and substantial manner. A building permit shall be required for all structures. The exterior of every such structure shall be kept in good repair. Portable fire extinguishers rated for electrical and liquid fires shall be kept in all service buildings and other locations conveniently and readily accessible for use by all occupants. All structures shall also require a smoke detector.

b.

The area beneath all mobile homes shall be enclosed with a material that shall be generally compatible with the condition and constructions of the home, except that such enclosure must be so constructed that it is subject to reasonable inspection. No obstruction shall be permitted that impedes the inspection of plumbing and electrical facilities.

(d)

Park management.

(1)

The operator of a mobile home park shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

(2)

The operator shall notify park occupants of all applicable provisions of this chapter and shall inform them of their duties and responsibilities under this chapter.

(3)

An adult caretaker must be accessible at all times and is responsible for the maintenance of the park at all times.

(4)

Each park shall have an illuminated sign with the park name and telephone number of the park operator.

(5)

The operator at every mobile home park shall maintain a registry in the office of the mobile home park indicating the name and address of each permanent resident. Each mobile home site shall be identified by either number, letter, or both.

(6)

A map of the mobile home park shall be displayed at the mobile home park office and individual lot numbers displayed at each site.

(7)

No public address or loudspeaker system shall be permitted.

(8)

No person shall erect, construct, reconstruct, relocate, alter, maintain, use or occupy a cabana or structure in a mobile home park without the written consent of the owner or operator of the mobile home park.

(9)

Signs located on the park to advertise the location and role of mobile homes are limited to one location on the park and must conform to the sign requirements of this Code.

(e)

Inspection of mobile home parks.

(1)

The permit issuing authority is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter.

(2)

The permit issuing authority shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions related to the enforcement of this chapter.

(3)

The permit issuing authority shall have the power to inspect the register containing a record of all residents of the mobile home park.

(4)

It shall be the duty of the park management to give the permit issuing authority free access to all lots at reasonable times for the purpose of inspection.

(5)

It shall be the duty of every occupant of a mobile home park to give the owner thereof or his agent or employee access to any part of such mobile home park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this chapter.

(6)

Whenever, upon inspection of any mobile home park, the permit issuing authority finds that conditions or practices exist which are in violation of any provision of this chapter, the permit issuing authority shall give notice in writing to the mobile home park management that conditions or practices shall be corrected within a 30-day period of time specified in the notice of the permit issuing authority. At the end of such period, the permit issuing authority shall re-inspect such mobile home park and, if such conditions or practices have not been corrected, the mobile home park management shall be deemed to be in violation of this chapter.

(f)

Notice, hearing and orders.

(1)

Whenever the permit issuing authority determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, the permit building authority shall give notice of such alleged violation to the person to whom the permit was issued as hereinafter provided. Such notice shall:

a.

Be in writing;

b.

Include a statement of the reasons for its issuance;

c.

Allow 30 days' time for the performance of any act if required. If work cannot be completed within that period, extensions may be granted if reasons for hardship do prevail and can be verified; and

d.

Be served upon the owner or his agent as the case may require, provided that such notice or order be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his last-known address, or when he has been served with such notice by any method authorized or required by the laws of this state.

(2)

Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the council, provided that such person shall file in the office of the city clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of such petition, the council shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.

(3)

Whenever a permit issuing authority finds that an emergency exists which requires immediate action to protect the public health, he may, without notice of hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deemed necessary to meet the emergency, including the suspension of the permit. Notwithstanding any other provision of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the permit issuing authority shall be afforded a hearing as soon as possible. The provisions shall be applicable to such hearing and the order issued thereafter.

(4)

Every operator of a mobile home park shall give notice in writing to the permit issuing authority within 72 hours after having sold, transferred, given away or otherwise disposed of interest in or control of any mobile home park. Such notice shall be made to the permit issuing authority to include the name and address of the person succeeding to the ownership or control of such mobile home park.

(g)

Grandfather clause.

(1)

The provisions of this section shall apply to all new mobile/manufactured home parks, including portions of existing parks not currently platted.

(2)

Existing mobile home parks at the date of adoption of the ordinance from which this chapter is derived shall submit a current site plan within 30 days and shall in no case make changes which would reduce lot sizes or setbacks.

(Prior Code, § 5.6.06(m); Ord. No. 522, § 5.6.06(m), 10-8-2019)

(a)

Location.

(1)

Recreation vehicles, boats, campers and equipment shall not be stored on any residential lot, except in the rear yard or garage.

(2)

Recreation vehicles or campers shall not be occupied for more than ten days, in a calendar year, on residential lots and no business shall be practiced in the recreation vehicle or camper.

(b)

Public property. Recreation trailers, boats, campers, or associated equipment shall not be allowed on any public property overnight, except in those public areas specifically designated for overnight stops or en route stops. Parking of above defined units in authorized areas shall not exceed ten consecutive days or nights.

(Prior Code, § 5.6.06(n); Ord. No. 536, § 1, 2-8-2022)

(a)

All multifamily structures allowed in the R-3 district shall be subject to the following standards. All requests for building permits or conditional use permit shall be accompanied by site plans and data showing:

(1)

Building locations and dimensions, all sign structures, entry areas, storage sites and other structural improvements to the site.

(2)

Circulation plans for both pedestrian and vehicular traffic.

(3)

Fences and screening devices.

(4)

Solid waste disposal provisions and facilities.

(5)

Storm drainage plans.

(6)

Firefighting and other public safety facilities and provisions such as hydrant locations and fire lanes.

(7)

Data pertaining to numbers of dwelling units, size, lot area, ratios, etc.

(8)

Exterior wall materials and design information.

(b)

Parking requirements.

(1)

Two parking spaces per unit shall be provided on the same site as the dwelling unit. Each space shall not be less than nine feet wide and 20 feet in length, and each space shall be served adequately with access drives.

(2)

Parking spaces shall not be located within ten feet of the side or rear lot line.

(3)

Bituminous or concrete driveways and parking areas with concrete curbing shall be required.

(c)

Landscape provisions.

(1)

The design shall make use of all land contained in the site. All of the site shall be related to the circulation, recreation, screening, building, storage, landscaping, etc., so that no portion of the site remains undeveloped.

(2)

A minimum of ten percent of the site shall be landscaped.

(d)

Screening.

(1)

Screening to a height of at least five feet shall be required where:

a.

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

b.

Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential zone.

(2)

All exterior storage shall be screened. The exterior storage screening required shall consist of a solid fence or wall not less than five feet high, but shall not extend within 15 feet of any street driveway or lot line.

(3)

Sidewalks shall be provided from parking areas, loading zones and recreation areas to the entrances of the building.

(4)

Outdoor swimming pools or other extensive recreation shall observe setbacks required for the principal structure. Swimming pools capable of holding a depth of three feet or more of water shall be fenced with a minimum four-foot-high fence.

(e)

General building or structural requirements.

(1)

All accessory or ancillary buildings, including garages shall be designed and constructed of same or similar finish as the principal building.

(2)

Each multiple-family dwelling development containing more than four dwelling units shall include an outdoor recreational or play area.

(3)

Any blighting or deteriorating aspects of the multiple-family dwelling development shall be placed or absorbed by the site itself, rather than by neighboring residential uses. This provision particularly applies to the location of parking areas.

(4)

The design shall make use of all land contained within the site. All of the site shall be related to the multiple-family use, either by parking, circulation, recreation, landscaping, screening, building, storage, etc.

(5)

Trash and garbage. Enclosed garbage storage shall be required for more than four units consisting of a solid fence or wall.

(Prior Code, § 5.6.06(o))

(a)

Location. All accessory off-street parking facilities required herein shall be located as follows:

(1)

Spaces accessory to one- and two-family dwellings shall be located on the same lot as the principal use served.

(2)

Spaces accessory to multiple-family dwellings shall be located on the same lot as the principal use or within 200 feet of the main entrance to the principal building served.

(3)

No off-street parking area containing more than four parking spaces shall be located closer than five feet from an adjacent lot zoned or used for residential purposes.

(b)

General provisions.

(1)

Access drives. Access drives may be placed adjacent to property lines except that drives consisting of crushed rock or other non-finished surfacing shall be no closer than five feet to any side or rear lot line.

(2)

Control of off-site parking facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the same ownership or control, either by deed or long-term lease, as the property occupied by such principal use. The owner of the principal use shall file a recordable document with the city council requiring the owner and his heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.

(3)

Use of parking areas. Required off-street parking space in any district shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable or for sale or rent.

(4)

Parking shall not be allowed in areas that are not designed for off-street parking.

(c)

Design and maintenance of off-street parking area.

(1)

Access. Parking areas shall be designed so as to provide adequate access to a public alley or street. Such driveway access shall not exceed 30 feet in width and shall be so located as to cause the least interference with traffic movement.

(2)

Curbing and landscaping. All open off-street parking areas designed to have head-in parking along the property lines shall provide a bumper curb no less than five feet from the side property line or a guard of normal bumper height not less than three feet from the side property line. When said area is for six spaces or more, a curb or fence not over six feet in height shall be erected along the front yard setback line and grass or plantings shall occupy the space between the sidewalk and curb or fence.

(3)

Parking space for six or more cars. When a required off-street parking space for six cars or more is located adjacent to a residential district, a screen shall be erected along the residential district property line to a height of at least five feet.

(4)

Maintenance of off-street parking space. It shall be the joint and several responsibility of the operator and owner of the principal use, uses and/or building to maintain in a neat and adequate manner, the parking space, accessways, landscaping and required fences.

(5)

Determination of areas. A parking space shall not be less than 300 square feet per vehicle of standing and maneuvering area.

(d)

Off-street parking space requirements.

(1)

Parking areas shall provide the following minimum number of parking spaces per type of use:

* Full-time or equivalent employee.

(2)

For purposes of assessing the appropriate number of parking spaces to be provided, the city council, planning and zoning commission and applicant shall consider the following:

a.

The average traffic demand generated by other similar users.

b.

The availability of public parking in the area.

c.

The anticipated ability of the site and/or building to accept intensive land use in the future.

d.

The availability of on-site expansion area which could accommodate additional future parking spaces without adversely affecting the compatibility of the use in the neighborhood.

e.

The minimum parking standards as established by this chapter. Where calculation in accordance with the foregoing list results in requiring a fractional space, any fraction less than one-half shall be disregarded and any fraction of one-half or more shall require one space.

(e)

Off-street loading and unloading areas.

(1)

Location. All required loading berths shall be off-street and shall be located on the same lot as the building use to be served. A loading berth shall be located at least 25 feet from the intersection of two street rights-of-way and at least 50 feet from a residential district unless within a building. Loading berths shall not occupy the required front yard space.

(2)

Size. Unless otherwise specified in this chapter, a required loading berth shall not be less than 12 feet in width, 80 feet in length and 14 feet in height, exclusive of aisle and maneuvering space.

(3)

Access. Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will least interfere with traffic.

(4)

Surfacing. All loading berths and accessways shall be improved with a durable material to control the dust and drainage.

(5)

Accessory use. Any space allocated as a loading berth or maneuvering area so as to comply with the terms of this chapter shall not be used for the storage of goods, inoperable vehicles or be included as a part of the space requirements necessary to meet the off-street parking area.

(6)

Off-street loading. In connection with any structure which is to be erected or substantially altered, and which required the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading space.

(7)

Noise. Where noise from loading or unloading activity is audible in a residential district, the activity shall terminate between the hours of 7:00 p.m. and 7:00 a.m.

(f)

Compliance. Nonconforming uses existing on the effective date of the ordinance from which this chapter is derived are exempt from this provision.

(Prior Code, § 5.6.06(p))

(a)

Purpose and intent. It is not the purpose or intent of this section to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to:

(1)

Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare;

(2)

Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community;

(3)

Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics;

(4)

Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city; and

(5)

Provide for the safety of the traveling public by limiting distractions, hazards and obstructions.

(b)

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

Alteration means any structural change, excluding routine maintenance or changing the text of an existing sign.

Billboard means a sign on which lettered, figured or pictorial matter is displayed that has a display surface area of 250 square feet or more.

Building sign means a sign attached to the outside of a building wall, roof, canopy or awning.

Display surface area means the entire area within a single, continuous perimeter enclosing the extreme limits of the actual sign surface. The term "display surface area" does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one side of a double-faced or V-type sign structure will be used in computing total display surface area. If the angle between the display surfaces of such a sign exceeds ten degrees, the total area of both display surfaces shall be added together to compute the total display surface area.

Double-faced sign means a freestanding sign or structure that has two display surfaces that are designed to be seen from different directions, are located on the same structure, and the angle between the display surfaces does not exceed ten degrees. If the angle of the display surfaces exceeds ten degrees, the total display surface area of both surfaces shall be added together and shall not exceed the maximum allowable display surface area permitted for that zoning district.

Dynamic display means any characteristic of a sign that appears to have movement or that appears to change, caused by any other method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking or animated display or structural element and any display that incorporates rotating panels, LED lights, manipulated through digital input, digital ink or any other method of technology that allows the sign face to present a series of images or displays.

Freestanding sign means a sign supported by one or more upright poles, columns, or braces, placed in or on the ground and not attached to any building or structure.

Monument sign means any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and solid from the grade to the top of the sign structure and is typically encased or supported by masonry materials.

Off-premises sign means a commercial speech sign which directs the attention of the public to a business not on the same lot or site where such a sign is located.

Portable sign means a non-permanent sign that is not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; balloons used as messages; umbrellas with messages; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicles are used in the normal day-to-day operations of the business. The term "portable sign" does not include those signs defined in this section as sandwich board signs.

Projecting sign means a sign that projects from the wall of a face of a building or structure, including an awning, canopy or marquee.

Roof sign means a sign erected upon the roof of a structure to which it is affixed or a sign painted on the roof of a structure.

Sandwich board sign means a freestanding temporary sign, with no moving parts or flashing lights, no larger than eight square feet total display surface area per side (no taller than four feet from grade), and displayed outside an establishment during business hours. It is not intended to constitute permanent business signage.

Sign means any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes.

Temporary or portable sign means a non-permanent sign erected, affixed, or maintained on-premises for a limited period of time.

Window sign means a sign attached to, placed upon or painted on the interior of a window that is visible from the exterior of the building, including signs that are placed on the backs of shelving units or similar structures, or interior walls where the sign is located less than seven feet from the window's surface.

(c)

Permits and fees; sign permit required. Except otherwise stated herein, no sign shall be erected, constructed, altered, rebuilt or relocated until a permit has been issued by the city.

(1)

General information.

a.

All signs requiring a permit will be required to pay an application fee as specified by the city's fee schedule.

b.

In addition to a sign permit, an electrical permit must be obtained for illuminated signs or signs that have dynamic displays.

c.

Except as otherwise stated herein, a permit will be valid for the life of the sign.

(2)

Application. Application for a sign permit must be made on the forms provided by the city, filed with the city, and must include the following information:

a.

The name, address, and telephone number of the applicant;

b.

The name, address, and telephone number of the person or entity erecting the sign, if not the applicant, or the name of the person on whose property the sign is to be located, if not the applicant's;

c.

Letter from owner of property where the sign is to be located giving the owner's written permission to have the sign erected on the owner's property;

d.

A site plan drawn to scale showing the location of lot lines, all existing and proposed structures, parking areas, existing and proposed signs and any other physical features;

e.

A detailed dimensional drawing of the proposed sign including height, description of the sign structure, materials to be used, including colors and method of attachment to the building, if applicable;

f.

Payment in full of the required application fee, as set by the city's fee schedule;

g.

Copies of stress sheets and calculations indicating that the sign is properly designed for dead load and wind pressure in any direction;

h.

A statement as to whether or not the sign will be illuminated or if the sign will contain any type of dynamic display;

i.

A statement as to whether the sign will be single-faced, double-faced or multi-faced; and

j.

Such other information as the city may require to show compliance with this section and all other applicable laws, ordinances and regulations.

(3)

Inspections. A sign requiring a permit shall be subject to an initial inspection by the city to determine whether the sign conforms to the provisions of this section, the permit application and other applicable laws, ordinances and regulations, including, but not limited to, the sign's location, size, footings, structural design and materials used.

(4)

Permit issuance. Upon the filing of a complete permit application, the city shall review the application materials submitted. If the proposed sign complies with this section and other applicable laws, ordinances and regulations, the city shall issue a permit for the sign.

(d)

Prohibited signs. The following types of signs are prohibited within the city:

(1)

Signs within the public right-of-way or publicly-owned land that are not posted by authorized government officials or otherwise permitted by this section;

(2)

Signs painted, attached, or in any manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges or similar public structures, not including public water storage facilities or towers;

(3)

Roof signs; and

(4)

Billboards.

(e)

Portable, temporary, sandwich board and window signs.

(1)

Portable or temporary signs are allowed by permit only in the industrial and commercial zoning districts. No permit will be issued by the city for a portable or temporary sign on a lot for a duration of more than 45 days within a calendar year.

a.

There shall be no more than one portable or temporary sign on any lot at a time.

b.

The sign shall not exceed 32 square feet in total display surface area and have a maximum of two sides.

c.

Signs must be removed immediately after the event advertised has passed.

d.

Signs shall not be placed in the public right-of-way, be flashing, have moving parts or be fastened to any pylon or light pole.

(2)

Sandwich board signs shall be allowed by permit only in all zoning districts within the city except in agricultural and residential districts.

a.

All sandwich board signs require a sign permit which must be obtained prior to placement of the sign. Sandwich board sign permits are valid from the date of issuance until December 31 of each year. Sandwich board sign permits shall not be transferable. A copy of the approved sign permit for the sandwich board sign shall be attached to the sign at all times. Sandwich boards signs that do not comply with this requirement may be removed and disposed of by the city.

b.

Only one sandwich board sign is allowed for each entity.

c.

Sandwich board signs must not exceed eight square feet in display surface area per side.

d.

Sandwich board signs may be placed on a public sidewalk or within the public right-of-way provided that the sign owner agrees to indemnify the city with respect to the sign and signs a waiver to this effect. Upon application for a sign permit, the sign owner must provide the city with a certificate of insurance that covers the city property in which the sign will be placed and the value of sign. The city must be named as an additional insured on the certificate of insurance. If placed on a sidewalk, a sandwich board sign shall not take up more than two feet of sidewalk width and shall not be placed in the middle of the sidewalk.

e.

Sandwich board signs may be removed by the city if they interfere with any city activities, including, but not limited to, snow removal or maintenance of the surrounding area. No sandwich board sign shall be displayed overnight or when there has been any snow accumulation. Sandwich board signs that do not comply with this requirement may be removed and disposed of by the city.

f.

Sandwich board signs shall be displayed only during the times that the entity is open.

g.

Sandwich board signs must either be weighted down or removed when there are wind gusts of 20 miles per hour or greater.

h.

Under no circumstances shall a sandwich board sign be used instead of permanent building signage.

(f)

Exemptions. The following signs do not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its compliance with the provisions of this section or any other law or ordinance regulating the same.

(1)

Signs within the public right-of-way or publicly-owned land that are posted by authorized government officials.

(2)

Signs located within a business, office, mall or other enclosed area that cannot be seen from the outside.

(3)

Signs permitted by Minn. Stats. § 211B.045.

(4)

Up to three flags containing non-commercial speech only may be displayed upon a lot. Each non-commercial speech flag must not exceed 100 square feet in size in display surface area.

(5)

Handicapped parking signs.

(6)

One sign with a commercial message on a residentially zoned property that does not exceed six square feet per display surface area may be placed in the front yard of the property. One sign with a commercial message on a commercially or industrially zoned property that does not exceed 32 square feet per display surface area may be placed in the front yard of the property. This sign must be removed within ten days after the closing date of the sale or lease of the property.

(7)

One sign with a commercial message that does not exceed 240 square feet of surface per display surface area (with a maximum of two sides) may be placed upon a construction site. This sign must be removed within ten days after the closing date of the sale of the last lot owned by the development company.

(8)

One sign smaller than five square feet in display surface area may be posted on any parcel of land, except that such sign may not be an off-premises sign and may not be illuminated or contain any dynamic displays.

(9)

Window signs are permitted in street facing windows of commercial and industrial zoned buildings, provided they do not exceed 25 percent of the window area that has street frontage.

(g)

Conditions applying to signs in all zoning districts.

(1)

No sign shall be erected which will obstruct a driver's view of pedestrian, bicyclist, equestrian, or motor vehicle traffic.

(2)

No sign shall be erected which by reason of position, shape or color, would detract from or otherwise interfere with the proper functioning of a traffic control sign or signal.

(3)

No sign shall be erected that resembles any official marker erected by a governmental agency except signs posted by authorized government officials.

(4)

No sign shall be permitted to obstruct any window, door, fire escape, stairway, or opening intended to provide light, air, ingress or egress for any building.

(5)

The minimum clearance of any sign from unprotected electrical conductors shall be not less than 36 inches for conductors carrying not over 600 volts and 48 inches for conductors carrying more than 600 volts.

(6)

No sign shall project higher than 40 feet above the grade at the place where the sign is located, if freestanding, or above the height of the building to which it is attached.

(7)

No sign shall be erected or maintained on private property without written permission from the owner.

(8)

No freestanding or monument signs erected on private property shall encroach onto public property.

(9)

Where a sign is illuminated, the source of light shall not be directed upon any part of a residence or into any residential district and the light source must also be shielded. All signs installed after the effective date of the ordinance from which this section is derived that will have illumination by means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the city that it is not complying with the standards of this section.

(10)

All signs shall incorporate materials and colors which are compatible with the building upon which the sign is located. The term "compatible" means materials which are consistent with the principal architectural features and colors of the buildings being identified. All signs must be of good quality, and must be designed to include attractive and tasteful colors and design elements. The layout of the sign must give the sign a neat and orderly appearance.

(11)

Any sign alteration will require an amended sign permit.

(12)

The owner of any sign which is otherwise allowed by this section may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting by the city. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any other more specific provision to the contrary.

(h)

Construction standards.

(1)

Generally. The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this section and all other applicable laws, ordinances and regulations.

(2)

Materials. Materials for construction of signs and sign structures shall be of the quality and grade as specified for buildings in the state building code.

(3)

Signs requiring electricity.

a.

Signs requiring electricity shall meet the requirements specified by the National Electrical Code, as adopted and amended by the city.

b.

The enclosed shell of signs requiring electricity must be water-tight, excepting that service holes fitted with covers must be provided into each compartment of such signs.

c.

Every sign requiring electricity must identify the name of the sign erector and date of erection. The information must be located on the sign or sign structure, must be readable from the ground, and must be of a durable material sufficient to reasonably withstand the elements.

d.

Electrical service to the sign must be underground.

(4)

Dynamic displays. Dynamic displays on signs are allowed, subject to the following conditions:

a.

Dynamic displays may occupy no more than 35 percent of the actual copy and graphic area of the sign. The remainder of the sign must not have the capability to have a dynamic display even if it is not being used. Only one contiguous dynamic display area is allowed on a sign face.

b.

Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with a means to immediately discontinue the display if it malfunctions and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section.

c.

Dynamic displays existing on the effective date of the ordinance from which this article is derived must comply with the operational standards listed above. An existing dynamic display that does not meet the structural requirements as stated above may continue as a nonconforming sign subject to section 109-123(m).

(5)

Maintenance and repair. All signs shall be maintained in good state of repair and free from rust, corrosion, loose or flaking paint, worn or damaged materials, rotted wooden members and loose or missing parts. Signs shall not remain in a defaced state. A sign or sign structure that is not being maintained or is unsafe as determined by the city administrator shall be repaired or removed by the owner of the property or building on which it is erected, upon the owner receiving notification by the city.

(i)

Signs in the A-1 agricultural district.

(1)

One building sign for each dwelling unit is permitted. Such sign shall not exceed one square foot in display surface area. No sign shall have more than two sides. A sign permit is not required.

(2)

One building sign for each dwelling group of six or more dwelling units is also permitted. Such sign shall not exceed six square feet in display surface area. No sign shall have more than two sides. A sign permit is not required.

(3)

Nonresidential uses of residential property as provided in this chapter and multifamily dwelling groups of six or more units are allowed one freestanding or monument sign not more than 32 square feet in display surface area per side. The sign must be set back at least ten feet from all property lines and the right-of-way. Dynamic displays are not permitted. A sign permit is required.

(4)

One building sign for each permitted nonresidential use or use by conditional use permit. Such sign shall not exceed 12 square feet in display surface area. No sign shall have more than two sides. A sign permit is required.

(5)

Symbols, statues, sculptures and integrated architectural features on buildings are permitted. These items may be illuminated, but must meet any applicable glare standards. A sign permit is not required.

(6)

Any sign in the agricultural district shall be set back at least ten feet from any property line. No sign shall exceed ten feet in height above the average grade level.

(7)

Signs may be illuminated, but must meet any applicable glare standards. Dynamic displays are not permitted.

(j)

Signs in R-1, R-2, R-3 and R-4 residential districts.

(1)

One building sign for each dwelling unit is permitted. Such sign shall not exceed one square foot in display surface area. No sign shall have more than two sides. A sign permit is not required.

(2)

One building sign for each dwelling group of three or more dwelling units is permitted. Such sign shall not exceed three square feet in display surface area. No sign shall have more than two sides. A sign permit is not required.

(3)

Multifamily dwelling groups of six or more units are allowed one freestanding or monument sign not more than 32 square feet in display surface area per side. The sign must be set back at least ten feet from all property lines and the right-of-way. Dynamic displays are not permitted. A sign permit is required.

(4)

One building sign for each permitted nonresidential use or use by conditional use permit is permitted. Such sign shall not exceed 12 square feet in display surface area. No sign shall have more than two sides. A sign permit is required.

(5)

Symbols, statues, sculptures and integrated architectural features on buildings are permitted. These items may be illuminated, but must meet any applicable glare standards. A sign permit is not required.

(6)

Any sign in these zoning districts shall be set back at least ten feet from any property line. No sign shall exceed ten feet in height above the average grade level.

(7)

Signs may be illuminated, but must meet any applicable glare standards. Dynamic displays are not permitted.

(k)

Signs in the B-1 business district and the B-2 highway business district.

(1)

For an individual lot or site with all buildings totaling a gross floor area of greater than 50,000 square feet, the following signage is permitted:

a.

Freestanding and monument signs. The maximum freestanding or monument sign display surface area shall be limited to 250 square feet per public street frontage of the lot or site. This maximum display surface area applies to one sign surface of no more than two sides per sign structure. The allotted maximum surface area per public street frontage for the lot or site may be distributed among multiple freestanding or monument signs. In no case shall any one freestanding or monument sign's display surface area exceed 250 square feet per side. Freestanding and monument signs shall not exceed a height of 40 feet from the average grade. No part of a freestanding or monument sign shall extend beyond the property line. In cases where an easement encumbers an area along the property line, the sign must be set outside of the easement area, even if the easement area exceeds ten feet from the property line. Dynamic displays are permitted. Sign permits are required.

b.

Building signs. The maximum building sign display surface area shall be limited to 15 percent of the building face. No building sign shall extend in height more than six feet above the highest outside wall or parapet of any principal building. Building signs must be placed on the principal building. Dynamic displays are not permitted. Sign permits are required.

c.

Projecting signs. The maximum projecting sign display surface area shall not exceed the sum of 16 square feet per side. All projecting signs must be located at a height of at least eight feet above the top of the curb elevation of the street. Projecting signs may project out up to five feet from the building face, provided that they do not create a hazardous condition in the public right-of-way. Dynamic displays are not permitted. Sign permits are required.

(2)

For an individual lot or site with all buildings totaling a gross floor area of less than 50,000 square feet, the following signage is permitted:

a.

Freestanding and monument signs. The maximum freestanding and monument sign display surface area shall be limited to 150 square feet per public street frontage of the lot or site. This maximum display surface area applies to one sign surface of no more than two sides per sign structure. The allotted maximum display surface area per public street frontage for the lot or site may be distributed among multiple freestanding or monument signs. In no case shall any one freestanding or monument sign's display surface area exceed 150 square feet per side. Freestanding and monument signs shall not exceed a height of 40 feet from the average grade. No part of a freestanding or monument sign shall extend beyond the property line. In cases where an easement encumbers an area along the property line, the sign must be set outside of the easement area, even if the easement area exceeds ten feet from the property line. Dynamic displays are permitted. Sign permits are required.

b.

Building signs. The maximum building sign display surface area shall be limited to 15 percent of the building face. No building sign shall extend in height more than six feet above the highest outside wall or parapet of any principal building. Building signs must be placed on the principal building. Dynamic displays are not permitted. Sign permits are required.

c.

Projecting signs. The maximum projecting sign display surface area shall not exceed the sum of 16 square feet per side. All projecting signs must be located at a height of at least eight feet above the top of the curb elevation of the street. Projecting signs may project out up to five feet from the building face, provided that they do not infringe on the public right-of-way. Dynamic displays are not permitted. Sign permits are required.

(3)

When placing signs on the corner of a lot at the intersection of two public streets, the applicant shall designate which public street frontage for the lot or site that the total sign display surface area should be attributed to, and in no case shall the display surface area be allowed to be divided between the frontages.

(4)

All signs within a lot or site shall be spaced no closer than 100 feet apart as measured along the public street frontage.

(5)

Signs may be illuminated but must meet the applicable glare standards. Internally illuminated freestanding and monument signs, including dynamic displays must be a minimum distance of 100 feet from the leading edge of said sign to an adjoining residential district boundary. This provision shall not apply to externally illuminated signs which otherwise comply with applicable glare standards.

(l)

Signs in the I-1 limited industry district and the I-2 general industry district.

(1)

One freestanding or monument sign per lot for single street frontage lots. In cases where lots have more than one street frontage, such lot shall be allowed up to two freestanding or monument signs which must each be placed on different frontages. The total square footage of freestanding or monument signs on a lot shall not exceed the sum of one square foot for each front foot of lot, or 250 square feet per surface, whichever is smaller. A freestanding or monument sign shall be set back at least ten feet from any property line. Maximum height is 40 feet from average grade. Dynamic displays are permitted. Sign permits are required.

(2)

Building sign area is limited to 15 percent of the building's face. No building sign shall extend in height more than six feet above the highest outside wall or parapet of any principal building. Building signs shall only be placed on the principal building. Dynamic displays are not permitted. Sign permits are required.

(3)

Signs may be illuminated but must meet the applicable glare standards. Internally illuminated freestanding and monument signs, including dynamic displays must be a minimum distance of 100 feet from the leading edge of said sign to an adjoining residential district boundary. This provision shall not apply to externally illuminated signs which otherwise comply with applicable glare standards.

(m)

Nonconforming signs. Any sign legally existing at the time of the passage of the ordinance from which this section is derived that does not conform to the provisions of this section shall be considered a legal nonconforming sign and may be continued through repair, replacement, restoration, maintenance or improvement but not including expansion. The term "expansion" means any structural alteration, change or addition that is made outside of the original sign structure, display surface area or design. Nothing in this section shall prevent the return of a sign structure that has been declared unsafe by the city's building inspector to a safe condition. When any legal nonconforming sign is discontinued for a period of more than one year or is changed to a conforming sign, any future sign shall be in conformity with the provisions of this section. Any legal nonconforming sign shall be removed and shall not be repaired, replaced, or rebuilt if it is damaged by fire or similar peril to the extent of greater than 50 percent of its market value at the time of destruction and no sign permit or building permit has been applied for within 180 days of the date of destruction. The city's building inspector shall be responsible for making the determination of whether a nonconforming sign has been destroyed greater than 50 percent at the time of destruction. In making the determination, the building inspector shall consider the market value of the entire sign at the time prior to the destruction and the replacement value of the existing sign. In the event that a building permit or sign permit is applied for within 180 days of the date of destruction, the city may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent properties.

(n)

Variance. Where the city finds that extraordinary hardships or practical difficulties may result from strict compliance with this section, other than the procedural provisions and the purposes of this section may be served to a greater extent by an alternative proposal, the board of adjustments and appeals may approve a variance, subject to the variance standards and requirements set forth in section 109-37. An application for any such variance must be submitted to the city administrator in writing at the time of submittal of the sign permit application. The application must fully state the grounds and all of the facts to justify the granting of the variance.

(o)

Enforcement.

(1)

Notice. Any person who violates any provision of this section shall receive a notice of the violation by hand-delivery or mail indicating that he must correct the violation within 30 days of the date of the notice.

(2)

Penalties. Any person convicted of violating this section shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Each day in which a violation continues to occur shall constitute a separate offense. Violation of any provision of this section shall also be grounds for revocation of the sign permit by the city.

(p)

Appeal. An applicant whose sign permit has been denied or permittee whose sign permit has been revoked may appeal the decision to the board of adjustments and appeals provided that he files written notice of the appeal with the city administrator within 15 days of the date of the decision. Such appeal shall be considered by the board of adjustments and appeals at its next regularly scheduled meeting held after the city's receipt of the written notice of the appeal, provided that the notice of appeal is received by the city a minimum of 20 full business days before the meeting. The board of adjustments and appeals shall conduct an appeal hearing and allow the applicant and any of his witnesses to address the board and to submit additional information. The board of adjustments and appeals shall make its final determination on the appeal no more than 30 business days after the appeal hearing. The board of adjustments and appeals shall notify the applicant of its decision and provide reasons for the decision.

(q)

Conflict. If any part of this section is found to be in conflict with any other provision of this section or any other provision of the city Code or other applicable law or regulation, the most restrictive or highest standard shall prevail. If any part of this section is explicitly prohibited by federal or state law, that part shall not be enforced.

(Prior Code, § 5.6.06(q))

State Law reference— Restrictions on regulation of non-commercial signs, Minn. Stats. § 211B.045.

(a)

Setbacks. The building or buildings shall be set back at least 35 feet from the street right-of-way. Near residential districts, the service station buildings, signs and pumps shall be a minimum of 25 feet from adjoining property. In commercial areas, the structures shall be set back at least ten feet from adjoining property.

(b)

Fencing and screening. When adjacent to residential property, there shall be a six-foot screening. When adjacent to commercial property, there shall be a bumper-type screening fence 18 inches high between the station and the adjacent commercial property.

(c)

Vehicles. No vehicles shall be parked on the premises other than those utilized by employees or awaiting service. No vehicle shall be parked or be waiting for service longer than 15 days.

(d)

Exterior storage. Exterior storage besides vehicles shall be limited to service equipment and items offered for sale. Exterior storage of items offered for sale shall be within yard setback requirements and shall be located in containers such as the racks, metal trays, and similar structures designed to display merchandise.

(e)

Screening. All areas utilized for the storage or disposal of trash, debris, discarded parts, and similar items shall be enclosed with a minimum six-foot-high screen. All structures and ground shall be maintained in an orderly, clean and safe manner.

(f)

Outdoor displays. The storage of used tires, batteries, and other such items for sale outside the building shall be controlled. Such items shall be displayed in specially designed racks or containers and be limited to one or two areas five feet from the street right-of-way lines. Junk cars, empty cars and other unsightly materials are not permitted in an area subject to public view.

(g)

Other Activities. Business activities not listed in the definitions of auto service stations in this chapter and not incidental to the business are not allowed on the premises of an auto service station unless a conditional use permit or license is obtained specifically for such business. Such activities include, but are not limited to, the following:

(1)

Automatic car and truck wash.

(2)

Rental of vehicles, equipment or trailers.

(3)

General retail sales.

Gas pumps located at and a part of other types of business establishments shall require a conditional use permit.

(h)

Compliance. Nonconforming uses existing on the effective date of the ordinance from which this article is derived are exempt from this provision.

(Prior Code, § 5.6.06(r))

All farms in existence upon the effective date of the ordinance from which this chapter is derived within the city limits shall be a permitted use where the operator may conduct a farming operation. However, all regulations contained in these performance standards shall apply to all changes of the farming operation which will cause all or part of the area to become more intensively used or more urban in character. The city council may require any farm owner to secure a conditional use permit to expand or intensify said operations in the event of the following:

(1)

The farm is adjacent to, or within 400 feet of, any dwelling unit and may be detrimental to living conditions by creating safety hazards or by emitting noise, odor, vibrations or similar nuisances.

(2)

The farming operations are so intensive as to constitute an industrial type of use consisting of the compounding, processing, and packaging of products for wholesale or retail trade.

(Prior Code, § 5.6.06(s))

(a)

General regulations. Home occupations shall be allowed by a home occupation permit issued by the city council if they meet the following conditions:

(1)

Such occupation is carried on in the principal dwelling. If such occupation is carried on other than in the principal dwelling, a conditional use permit is required.

(2)

Not more than 25 percent of the gross floor area of the residence is used for this purpose.

(3)

Only articles made or originating on the premises shall be sold on the premises, unless such articles are incidental to a permitted commercial service.

(4)

Signs are subject to the standards in section 109-123.

(5)

No articles for sale shall be displayed so as to be visible from any street.

(6)

No person is employed other than a member of the household residing on the premises.

(7)

No mechanical or electrical equipment is used if the operation of such equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residence is endangered.

(8)

Such occupation does not generate more than two vehicles at one time.

(9)

Such occupation must provide two off-street parking spaces.

(10)

A person having a home occupation shall provide proof of meeting the above nine requirements if complaints are received by the city council.

(b)

Retail sales. Home occupations allowing retail sales or employment of persons other than the members of the household residing on the premises may be permitted by conditional use permit if the following conditions are met:

(1)

Such occupation is carried on in the principal dwelling. If such occupation is carried on other than in the principal dwelling, a conditional use permit is required.

(2)

Not more than 25 percent of the gross floor area of the residence is used for this purpose.

(3)

Signs are subject to the standards in section 109-123.

(4)

No articles for sale shall be displayed so as to be visible from any street.

(5)

No mechanical or electrical equipment is used if the operation of such equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residence is endangered.

(6)

Such occupation does not generate more than two vehicles at one time.

(7)

Such occupation must provide two off-street parking spaces.

(c)

Compliance. Nonconforming uses existing on the effective date of the ordinance from which this article is derived are exempt from this provision unless there is a change in the ownership of property.

(d)

Record of home occupation permits to be maintained. The zoning administrator shall maintain a record of all home occupation permits issued including information on the use, location, and such other information as may be appropriate.

(Prior Code, § 5.6.06(t))

Building permits shall be required for towers, antennas and dish antennas exceeding 36 inches. All such towers, antennas and dish antennas shall meet the following regulations:

(1)

Distance of any guy anchorage or similar device in residential districts shall be at least five feet from any property line. In commercial districts, guy anchorage or similar devices may be placed on property line.

(2)

Suitable protective anti-climb device shall be provided for all towers.

(3)

In residential districts, antennas may be permitted to be constructed to a height no greater than 45 feet above the ground. In commercial districts, the heights shall not be greater than 60 feet.

(4)

In residential districts, antennas, towers or dishes shall be located at least 25 feet from the front property line, but at no time shall the antennas, tower or dishes extend beyond the front building line.

(5)

Advertising messages shall not be allowed on any dish antennas located in a residential district.

(6)

An applicant for a building permit for those purposes shall present documentation of the possession of any required license by any federal or state agency.

(Prior Code, § 5.6.06(u))

Garage sales shall comply with the following conditions:

(1)

Garage sales may only occur on a lot improved with a dwelling unit.

(2)

Items offered for sale must not be purchased for resale or received on consignment for resale.

(3)

No more than three garage sales may occur at a dwelling in a calendar year.

(4)

No garage sale shall exceed a period of three consecutive days, including set-up.

(5)

Garage sale signs must comply with section 109-123.

(6)

Items for sale shall be removed from the yard within 24 hours of the conclusion of the sale.

(Prior Code, § 5.6.06(v); Ord. No. 496, art. II, 12-13-2011; Ord. No. 518, 4-10-2018)