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

A.

No garage, tent, accessory building (excluding accessory dwelling units), travel trailer or motor home shall at any time be used as living quarters, temporarily or permanently.

B.

Tents, play houses or similar structures may be used for play or recreational purposes only and may not be used as a dwelling unit.

C.

Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling as per Section 937.03A.

(Ord. No. 826 [5-25-2023])

A.

Any person desiring to improve property shall submit to the Building Official a survey of said premises and information on the location and dimension of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to City Ordinances.

B.

All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets, adopted plans, and according to the system and standards employed by the City.

C.

Substandard lots of record shall be governed by Chapter 915 of this Ordinance.

D.

Except in the case of planned unit development as provided for in Chapter 933 of this Ordinance, not more than one principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning as defined in Chapter 902 of this Ordinance. In the case of doubt or on any questions or interpretation, the decision of the Zoning Administrator shall be final, subject to the right to appeal to the Planning Commission and City Council. Except in the C-2 District, shopping centers shall be interpreted as having more than one principal building.

E.

On a through lot (a lot fronting on two parallel streets), both street lines shall be front lot lines for applying the yard and parking setback regulations of this Ordinance. In addition, no home on a through lot or corner lot in any residential zone shall maintain direct access to any arterial street designated as such by the Comprehensive Plan.

F.

When a development is proposed which is to be located on two or more lots, and such lots are required to meet the minimum district area and frontage requirement and/or are required to accommodate the use, the lots shall be combined in accordance with the City's Subdivision Ordinance, prior to the issuing of a building permit.

G.

When two or more lots are located in the same residential district, one or more of which lack adequate area or dimensions to qualify for residential use under the current Ordinance requirements and are contiguous and held in one ownership, they shall be combined for use in order to meet the lot requirements by subdividing the property in accordance with the Subdivision Ordinance.

(Ord. No. 826 [5-25-2023])

A.

No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of minerals on adjacent properties. Such runoff shall be properly channeled into a storm drain, water course, ponding area, or other public facilities subject to a permit issued through the City Engineer's office.

B.

In the case of all residential subdivisions, multiple family, and business developments, the grading and drainage plans shall be submitted to the City Engineer for review and the final drainage plan shall be subject to a permit issued through the City Engineer's office. In the case of such uses, no modification in grade and drainage flow through fill, erection of retaining walls or other such actions shall be allowed until such plans have been reviewed and received written approval from the City Engineer.

C.

The top of the foundation and garage floor of all structures shall be one foot above the grade of the crown of the abutting street upon which the property fronts, except for permits issued through the City Engineer's office.

D.

Modifications which serve to alter the average and typical natural grade of an individual lot more than two feet shall require the approval of the City Council.

(Ord. No. 826 [5-25-2023])

No fences, structures, or plantings shall be permitted to exceed 30 inches in height within any front or side yard areas on a corner lot which may interfere with the visibility across the corner. A minimum sight triangle shall be established on each corner lot at every street intersection through which motorists shall have an unobstructed view. The minimum sight triangle is a triangle located at the corner of intersecting streets. The adjacent sides shall be located along the curb line or along the gutter line of streets without curb and gutter and shall be 60 feet in length. The third side shall be a straight line joining the end points of the adjacent sides. The City may order removal of vision obstructions located within the minimum sight triangle. These requirements shall not apply to conditions that legally exist prior to the effective date of this Ordinance unless such conditions are determined to constitute a safety hazard by the Zoning Administrator.

(Ord. No. 826 [5-25-2023])

Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential property, over public water or from the public streets, and it shall comply with Section 909.24 of the zoning ordinance. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property or over public water. The source of lights shall be hooded or controlled in some manner so as not to direct light to the sky, adjacent property or over public water. Bare incandescent light bulbs shall not be permitted in view of adjacent property, over public water, or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one-foot candle (meter reading) as measured from the center line of said street. Any light or combination of lights which case light on residential property or over public water shall not exceed four-foot candles (meter reading) as measured from said property. Where used, LED (Light Emitting Diode) luminaires shall have a minimum Color Rendering Index (CRI) of 80 and a Correlated Color Temperature (CCT) between 2700-3500K.

(Ord. No. 826 [5-25-2023])

The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended.

The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended.

The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended.

Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NCP 7010, and Chapter 708 of city code as amended.

(Ord. No. 826 [5-25-2023])

A.

Passenger automobiles and trucks not currently licensed by the State, or which are because of mechanical deficiency incapable of movement under their own power, parked or stored outside for a period in excess of 72 hours, and all materials stored outside in violation of the City Ordinances are considered refuse or junk and shall be disposed of.

B.

Any accumulation of refuse on any premises not stored in containers which comply with City Code, or any accumulation of refuse including car parts on any premises which has remained thereon for more than one week is hereby declared to be a nuisance and may be abated by order of the City Health Officer, as provided by Minnesota Statutes and the cost of abatement may be assessed on the property where the nuisance was found, as provided by law.

A.

Exterior Storage. In all zoning districts, all materials and equipment except as specifically noted and as provided for in Chapter 937 of this Ordinance shall be stored within a building or fully screened so as not to be visible from adjoining properties and the public right-of-way, except for the following:

1.

Clothesline pole and wires.

2.

Not more than two recreational vehicles and equipment. Refer to Section 920.08.A of the Zoning Ordinance regarding Off-Street-Parking.

3.

Construction and landscaping material currently being used on the premises.

4.

Off-street parking of passenger vehicles and non-commercial trucks not exceeding a gross weight of 12,000 pounds in residential areas (both on and off-street).

B.

Outdoor Display. In C-2 and C-3 Zoning Districts, merchandise which is offered for sale may be displayed beyond the confines of a building, but the area occupied by such outdoor display shall not constitute a greater number of square feet than ten percent of the ground floor area of the building housing the principal use. No storage of any type shall be permitted within the one-half of the required setback nearest a street nor within any required interior side yard or rear yard setback. Additional parking spaces shall be provided pursuant to Chapter 920 of this Ordinance for any such permanent display space based upon the square footage of the area involved.

(Ord. No. 826 [5-25-2023])

Once available, all on-site sewage disposal systems shall be connected to the public sanitary system within two years.

Waste material is regulated under Chapter 410 of the City Code of Ordinances.

(Ord. No. 826 [5-25-2023])

All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of the Minnesota State Fire Marshall's and Minnesota Department of Agriculture Offices and have documents from those offices stating the use is in compliance.

All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency.

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

All multiple family buildings shall be provided with security systems subject to comment of the Chief of Police and the Building Official.

A.

Personal Vehicles.

1.

Vehicles sold in residential areas shall be the personal property of the property owner or occupant.

2.

Sales of personal vehicles shall be limited to no more than one vehicle per calendar year, unless approved by the Zoning Administrator.

3.

Vehicles for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

4.

For sale signs on or in such vehicles shall be limited to two square feet.

B.

Garage or Rummage Sales.

1.

Merchandise offered for sale shall be the personal property of the property owner or occupant.

2.

Sales shall be limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property.

3.

All goods shall be confined within a building and improved driveway with no display occurring within other portions of the front yard.

4.

Signs shall be governed by Chapter 927 of this Ordinance.

(Ord. No. 826 [5-25-2023])