The performance standards established in this article 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. All future development in all districts shall be required to meet these standards and the standards shall also apply to existing development where so stated.

(Ord. No. 1863, § 1863.01, 10-24-2012)

The following standards shall apply to single-family dwellings in all districts:

(a)

The minimum depth of the main portion of the structure shall be not less than 20 feet as measured across the narrowest portion.

(b)

All dwellings shall be placed on a permanent foundation in compliance with the building code as adopted by the city.

(c)

All single-family dwellings shall be placed so that the apparent entrance or front of the home faces or parallels the principal street frontage, except where the lot size exceeds one acre.

(Ord. No. 1863, § 1863.01, 10-24-2012)

No garage, tent, trailer, basement, recreational vehicle or accessory building shall be used as an independent dwelling.

(Ord. No. 1863, § 1863.01, 10-24-2012)

(a)

All buildings within a multiple-family dwelling development shall be planned so that each exterior facade meets the same standards and requirements as for the front of the building unless otherwise approved by the city council.

(b)

All multiple-family dwelling buildings shall be designed and constructed to have the equivalent of a front appearance on each exterior facade. Multiple-family buildings of three or more stories shall have at least 65 percent or more of brick or other approved class I material. The brick or Class I material must be distributed throughout the exterior to provide an architecturally balanced appearance.

(Ord. No. 1863, § 1863.01, 10-24-2012)

(a)

Purpose. The purpose of this section is to establish minimum standards for exterior architecture of commercial, office, industrial, institutional and warehouse buildings and to ensure a high quality of development, redevelopment and compatibility with evolving architectural or planning themes that contribute to a community image of quality, visual aesthetics, permanence and stability which are in the best interest of the citizens of the city. These standards are intended to prevent use of materials that are unsightly, deteriorate rapidly, contribute to depreciation of area property values, or cause urban blight.

These standards are further intended to ensure coordinated design of building exteriors, additions and accessory structure exteriors in order to prevent visual disharmony, minimize adverse impacts on adjacent properties from buildings which are or may become unsightly, and buildings that detract from the character and appearance of the area. It is not the intent of this division to unduly restrict design freedom when reviewing and approving project architecture in relationship to the proposed land use, site characteristics and interior building layout. However, modifications to the exterior design may be required to promote compatibility with the desired architecture in the immediate vicinity and/or the general architectural character of the area and the city in general.

(1)

General design concept. Building and/or project designs may be required to modify building materials, colors, details, site plan, landscape plantings, or other features to meet the intent of these architectural standards.

(2)

Modifications. Projects may be required to utilize building ornamentation features, including but not limited to: columns, arches, parapets, cornices, friezes, canopies, moldings, dentils, corbels, quoins, rustication, vaults, domes, and cupolas.

(3)

Corporate identity. The intent and purpose of the architectural standards supersede corporate identity designs. When a corporate identity design does not meet the intent and purpose of the architectural standards, the corporate identity design shall be limited to the area immediately adjacent to the main entry and may require modification to meet the intent of the ordinance.

(b)

Applicability and review. This section shall apply to all commercial, office, institutional and industrial buildings, additions, exterior remodeling and accessory structures, unless different exterior materials are specifically approved. The review and approval process shall be the same as outlined in section 24-123 of the City Code.

(c)

Submission requirements. The applicant shall submit the following minimum information to demonstrate conformance with exterior design standards in section 24-235.

(1)

Elevations and dimensions of all sides of existing and proposed buildings, including roof mechanical equipment, vents, chimneys, or other projecting items above the roof line.

(2)

Elevations and dimensions of all existing or proposed solid waste and recycling containment areas.

(3)

Detailed exterior descriptions, including type and color of all exterior building materials, awnings, exterior lighting, mechanical screening material, fencing, metal flashing and the like.

(4)

To aid in evaluating the exterior design, the applicant shall submit schematic floor plans showing, if applicable, window locations, doors, loading docks, projected interior layouts, seating, bar areas, waiting areas, vestibules, patios and outdoor seating, storage areas, food preparation areas, interior trash or recycling space and the like.

(5)

Heating, air conditioning and ventilating and electrical equipment heights, locations and screening materials.

(6)

Colored renderings, exterior building and finish material samples and color pallets.

(7)

Sightline diagrams are required. Rooftop units must be hidden from view from all locations.

(8)

Other information as required.

(d)

Exterior design standards. Building exteriors shall be subject to the following standards:

(1)

Classes of materials. For the purpose of this subsection, materials shall be divided into class I, class II, class III and class IV categories as follows:

a.

Class I.

1.

Conventional brick, nominal four-inch width.

2.

Natural or cultured stone.

3.

Glass.

4.

Copper.

b.

Class II.

1.

Specialty concrete block such as textured, burnished block or rock faced block.

2.

Architecturally precast textured concrete or brick panels.

3.

Masonry stucco.

4.

Ceramic.

c.

Class III.

1.

Exterior insulation and finish system (EIFS).

2.

Opaque panels.

3.

Ornamental metal.

4.

Fiber-cement exterior siding.

5.

Thin brick veneer.

d.

Class IV.

1.

Smooth concrete block.

2.

Smooth scored concrete block.

3.

Smooth concrete tip up panels.

4.

Glass block.

5.

Wood.

(2)

Buildings shall incorporate classes of materials in the following manner:

a.

Office, place of worship, school and commercial buildings must use at least three class I materials and must be composed of at least 65 percent class I materials; not more than 35 percent class II or class III material and not more than ten percent class IV materials.

b.

Industrial and warehouse buildings must use at least two different class I or II materials and be composed of at least 65 percent class I or class II; not more than 35 percent of class III or class IV materials. Not more than ten percent of the building shall be class IV materials.

c.

Any nonresidential structure adjacent to an interstate highway, or any multi-tenant office/warehouse or showroom/warehouse or other combinations shall be 65 percent class I materials on primary exteriors. Exterior walls with limited public exposure may use combinations of class II, III or IV materials unless otherwise approved by the city council.

d.

Buildings in nonresidential zoning districts that are not office, commercial, industrial or warehouse uses shall conform to the exterior finish materials and proportions of office or commercial buildings unless otherwise approved by the city council as meeting the purpose of this division.

e.

The use of class II, III or IV materials shall be distributed throughout the exterior of a building unless the city agrees that materials consolidated on more visible locations provides the most positive architectural appeal to the general public.

f.

Expansions of less than 50 percent of the floor area of the existing building may use the same or superior materials as the existing structure.

g.

A distinctively different color of brick may be considered as a second class I material. However, minor blended color variations shall not be considered as a separate material.

h.

To be counted as a primary material, the product must comprise at least five percent of the exterior wall.

(3)

Buildings may be constructed primarily of one specific class I material provided the design is obviously superior to the general intent of this division, provides variation in detailing, footprint of the structure or deviations in long wall sections to provide visual interest.

(4)

Garage doors, window trim, flashing accent items and the like, shall not constitute required materials that make up the exterior of a building.

(5)

As viewed from ground levels from all locations, all mechanical equipment located on the roof or around the perimeter of a structure shall be hidden by a raised parapet or with materials comparable and compatible with exterior building materials.

a.

A raised parapet or other architectural feature that is an integral part(s) of the building may be required as screening for rooftop mechanical equipment or to soften rooftop views. If shown that rooftop units will be visible, an increased parapet height or additional screening shall be required so that the rooftop equipment is hidden from view.

b.

The back of parapets that are visible must be finished with materials and colors compatible with the front of the parapet.

c.

Screening for rooftop mechanical equipment shall incorporate similar architectural features of the building and/or be constructed of a material and color compatible with other elements of the building.

d.

Screening methods of incidental rooftop equipment deemed unnecessary to be hidden from view by the community development director or a designee shall be approved by the city.

e.

Metal cabinets used to enclose and protect rooftop mechanical equipment shall not substitute as screening.

f.

Wood, wood fencing, and other materials requiring maintenance or that may become unsightly, are not permitted.

(6)

Exposed roof materials shall be similar to, or an architectural equivalent of a 300-pound or better asphalt or fiberglass shingle, wooden shingle, standing seam metal roof or better.

(7)

Garish or bright accent colors (i.e. orange, bright yellow or fluorescent colors) for such buildings such as cloth or metal awnings, trim, banding, walls, entries or any portion of the building shall be minimized, but in no case shall such coloring exceed five percent of each wall area.

(8)

Brick or stone exteriors shall not be painted during the life of the exterior materials.

(9)

Equipment used for mechanical, processing, bulk storage tanks, or equipment used for suppressing noise, odors and the like that protrudes from a side of a building or is located on the ground adjacent to a building shall be hidden from public view with materials and designs matching those used for the structure. Where miscellaneous exterior equipment cannot be fully hidden with matching building materials, landscaping may be used as additional screening.

(e)

Fences shall be regulated by chapter 6, article IV.

(Ord. No. 1863, § 1863.01, 10-24-2012)

(a)

Purpose. The regulation of exterior lighting is necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light), and/or unnecessary sky glow; such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility, and security.

(b)

Nonresidential and licensed multiple family dwelling. The owner of any nonresidential property or a licensed multiple family dwelling shall be responsible for providing and maintaining effective illumination in all exterior parking lots, vehicular access, yard areas, entrances and walkways. All exterior lighting shall be directed away from any adjoining residential property and from public streets. The source of lights shall be hooded or controlled in a manner so as not to light adjacent properties. Lighting fixture lamps and globes shall be opaque to eliminate glare. Parking lot lighting shall be sodium vapor, shoebox style, downward facing, flush lens and mounted at a maximum height of 25 feet as measured from grade level unless otherwise approved as part of the final site and building plan review process or by the zoning administrator. Parking lots shall be illuminated to a minimum of one and a maximum of four at pavement level. Illumination cast from any light or combination of lights shall not exceed one-foot candle (meter reading) as measured from the centerline of a public street or residential property line.

(c)

Single-family residential. Lighting shall be considered a nuisance when an artificial light source has not been properly directed. Any light or combination of lights shall direct light downward to reduce direct glare onto adjacent properties. Lighting shall be considered properly directed if it is directed downward 60 degrees from the horizontal. Halogen lights must be 100 percent shielded as viewed from the property line. Exceptions:

(1)

Standard residential lighting fixtures typically mounted at doors using low wattage incandescent bulbs, not to exceed 60 watts or comparable.

(2)

Holiday and decorative lighting.

(Ord. No. 1863, § 1863.01, 10-24-2012)

(a)

The number and types of access drives onto major streets may be controlled and limited in the interests of public safety and efficient traffic flow.

(b)

Access drives onto county roads shall require a review by the county and city engineer. The county and city engineers shall determine the appropriate location, size, and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow.

(c)

Access drives to principal structures which traverse wooded, steep, or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles.

(d)

All driveways shall have a minimum width of ten feet.

(e)

All driveways shall have a maximum width of 30 feet at the property line and shall have a minimum five-foot setback to the property line.

(f)

All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway or an existing private roadway approved by the city council.

(g)

Access drives for platted residential lots shall be restricted to local residential streets as defined in the transportation plan, unless no alternative access is available, as determined by the zoning administrator.

(h)

Access drives in platted areas of the R-4 zoning district shall be constructed of concrete, blacktop or pavers.

(i)

Areas designed for temporary storage of vehicles shall be constructed of concrete, pavers or blacktop.

(Ord. No. 1863, § 1863.01, 10-24-2012)

(a)

Access drives for off-street parking areas, driveways, and parking areas shall not be located any closer than the following distances from any side or rear lot line:

(1)

Single-family attached and detached uses: Five feet.

(2)

Multiple-family and nonresidential uses: Ten feet.

(b)

There shall be no off-street parking lot within 20 feet of any public street right-of-way.

(c)

No off-street parking area containing more than four parking spaces shall be located closer than 20 feet from an adjacent lot zoned or used for residential purposes.

(Ord. No. 1863, § 1863.01, 10-24-2012; Ord. No. 1957, § 5, 12-12-2018)

Residential:

(a)

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

(b)

Spaces accessory to multiple family dwellings shall be located on the same lot as the principal use served or within 300 feet of the main entrance to the principal building served.

(c)

Vehicle parking on single-family attached and single-family detached parcels shall comply with the following:

(1)

All portions of a vehicle shall be located on the dwelling side of a curb.

(2)

Vehicles shall not obstruct a trail or sidewalk.

(3)

Vehicles shall be located on an approved parking surface as referenced within section 24-240.

(d)

Vehicles parked/stored outdoors shall have license plates visible at all times.

Non-residential:

(a)

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, easement or long-term lease, of the subject property. The owner shall file a recordable document with the city council requiring the owner and his heirs and assigns to maintain the required number of his/her off-street spaces during the existence of the principal use.

(b)

Off-street parking spaces shall not be utilized for overnight parking, camping and/or sleeping, storage of goods and/or equipment, or for the storage of vehicles unless approved by the zoning administrator.

(c)

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

(d)

Parking areas may not be used for snow storage unless approved by the zoning administrator through a snow storage plan.

(Ord. No. 1863, § 1863.01, 10-24-2012; Ord. No. 1957, § 6, 12-12-2018)

Off-street parking areas in commercial and industrial districts shall be paved with concrete cement, pavers or plant mixed bituminous surface. Such areas shall be so graded and drained as to dispose of all surface water accumulation within the area. Off-street parking areas and driveways in R-4 zoned residential platted areas shall be of concrete, pavers or a plant mixed bituminous surface, or better. Off-street parking areas and driveways, for single family residential uses, within all other residential areas shall be class 5 gravel or better. Alternate surfaces may be approved by the zoning administrator.

At the discretion of the city, flat gutters with no curbs may be located to allow street drainage into bio-retention areas, dry swales, sand filter, filter strip or other stormwater treatment facilities.

(Ord. No. 1863, § 1863.01, 10-24-2012; Ord. No. 1957, § 7, 12-12-2018)

(a)

Parking spaces shall be a minimum of nine feet by 20 feet, with a 25-foot two-way wide minimum driveway.

(b)

Perimeter parking areas and parking spaces overlapping lawn or interior landscaped islands must be designed to full parking space dimensions (i.e. 9 × 20 feet). These spaces may be reduced by two feet in length (i.e. 9 × 18 feet) in which case the two feet of unpaved area shall be used to increase the required minimum green space at the location of the reduced parking stall.

(c)

Drive-through lanes shall be 12 feet wide; one vehicular stacking space shall equal 250 square feet.

(d)

Off-street parking areas shall be designed so as to provide adequate means of 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.

(e)

The perimeter of all parking lots containing more than four parking spaces shall be constructed with curb and gutter. Perimeters adjacent to future parking lot expansion areas may use a bituminous curb.

(f)

It shall be the joint and several responsibilities 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, required fences, berming, sod or prairie restoration areas.

(Ord. No. 1863, § 1863.01, 10-24-2012)

The following off-street parking spaces are required:

At the discretion of the city, specific parking spaces may be shown as "demonstrated" wherein the property or project can be shown to accommodate the minimum required parking spaces but is deemed to be excessive for the current user of the property.

If the city determines that the use of demonstrated parking has become a problem, the owner of the property shall construct the minimum number of demonstrated parking spaces, with curb and gutter, to alleviate the parking problem.

(Ord. No. 1863, § 1863.01, 10-24-2012)

(a)

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

(b)

Size. Unless otherwise specified in this chapter, a required off-street loading berth shall not be less than 12 feet in width, 50 feet in length and 14 feet in height, exclusive of aisle and maneuvering space.

(c)

Required loading spaces. The number of off-street loading spaces required shall be determined by the city council following review by the planning and zoning commission.

(d)

Access. Each required off-street 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.

(e)

Surfacing. All off-street loading berths and access ways shall be improved with a concrete or bituminous surface. Detached trailer parking shall include a concrete pad for trailer legs.

(f)

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

(g)

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

(h)

Noise. Where noise from loading or unloading activity is audible in a residential district, the activity shall terminate between the 7:00 p.m. and 7:00 a.m. Where noise from vehicles not located in loading or unloading areas is audible, the noise shall terminate.

(Ord. No. 1863, § 1863.01, 10-24-2012)

(a)

The traffic generated by any use shall be channeled and controlled in a manner that will avoid:

(1)

Congestion on the public streets.

(2)

Traffic hazards.

(3)

Excessive traffic through residential areas, particularly truck traffic.

(b)

Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business areas shall, to the extent possible, be forward moving with no backing into public streets.

(Ord. No. 1863, § 1863.01, 10-24-2012)

Unless loading, unloading, or rendering a service, the following shall be prohibited from being parked or stored within residential zoning districts:

(1)

Trailers over 3,000 pounds. GVW.

Exceptions: trailers licensed as RVs/campers and agricultural/livestock trailers when located on property permitted as, and in use as, an agricultural use.

(2)

Police, fire and emergency medical vehicles (both in service and out of service.)

Exception: sedans, pick-ups and SUVs.

(3)

Limousines.

(4)

Step vans, food trucks and food trailers.

(5)

Military vehicles (both in service and out of service).

Exception: sedans, pick-ups, and SUVs.

(6)

Dump vehicles in excess of eight feet in height. Height shall be measured from grade to the highest point of the vehicle or attached equipment.

(7)

Box trucks and flatbed trucks in excess of eight feet in height. Height shall be measured from grade to the highest point of the vehicle or attached equipment.

(8)

Tow vehicles in excess of eight feet in height. Height shall be measured from grade to the highest point of the vehicle or attached equipment.

(9)

Modified pick-up trucks and vans exceeding eight feet in height. Modifications may include items such as business signage, warning lights, plows, ladder racks, and other exterior add-ons typically used in business or for business operations. Height shall be measured from grade to the highest point of the vehicle or attached equipment.

Exception: removable equipment and materials such as ladders, poles, and the like shall be permitted to a height of nine feet.

(10)

Vehicles for which a commercial driver's license (CDL) is required to operate.

Exception: recreational equipment.

(11)

Buses.

Exception: recreational equipment.

(12)

Vehicles exceeding manufacturer's GVWR of 26,000 pounds.

Exception: recreational equipment; and licensed farm trucks as defined by state statute and located on property permitted as, and in use as, an agricultural use.

(13)

Inoperable vehicles or equipment.

Exception: vehicles and/or equipment located indoors.

(14)

Heavy equipment.

Exception: equipment used on-site for personal use and located indoors when not in use.

Exceptions: Government vehicles and equipment located on property guided as public/semi-public as approved per the zoning administrator may be exempt from this section.

(Ord. No. 1960, § 2, 3-27-2019; Ord. No. 2000, § 1, 6-23-2021)

Editor's note— Ord. No. 1960, § 2, adopted March 27, 2019, repealed the former § 24-245 and enacted a new § 24-245 as set out herein. The former pertained to commercial equipment parking in residential areas and derived from Ord. No. 1863, adopted October 24, 2012.

(a)

Screening shall be installed so as to block direct vision. It shall consist of the following:

(1)

A fence or wall not less than five feet high, but not extending within 15 feet of any street or driveway.

(2)

Earth berms at least four feet in height together with compact evergreen or deciduous hedge and over and understory trees in a buffer strip at least 12 feet in width. At planting, hedge material must be at least two and one-half feet in height and deciduous trees must be at least five feet in height with a minimum of two and one-half inches in diameter. Coniferous trees must be at least four feet in height.

(b)

The screening shall be placed along property lines or in the case of screening along the street, 20 feet from the street right-of-way line.

(c)

Where any business or industrial use (structure, parking, or storage) is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where such uses are across the street from a residential zone.

(d)

Except for single-family detached dwellings, where any off-street parking area contains more than four parking spaces, screening shall be placed on each side adjoining a residential use or a public street.

(e)

Except for single-family detached dwellings, where the driveway to a parking area of more than six parking spaces is within 30 feet of an adjoining residential use or zone, screening of the driveway shall be required.

(f)

All loading docks shall be screened from view on the property's street frontages, or from the use district's boundary by a wall, earth berms or plant material or a combination of these at least ten feet in height. Such walls shall be designed to be harmonious with the structure having the loading dock.

(g)

All mechanical or electrical equipment located on the roof of a structure or on the ground match those used for the structure around the perimeter of a structure shall be hidden from view using materials and designs that match those used for the structure.

(h)

All exterior storage shall be fully hidden from view. The screening shall be accomplished to a height and depth consistent with the size and extent of the storage area.

(i)

Screening devices shall be included in the site and/or landscaping plans.

(j)

In no event shall construction of screening to meet the above requirements cause a violation of any other provision of this chapter.

(Ord. No. 1863, § 1863.01, 10-24-2012)

(a)

Landscaping shall be required for all commercial and industrial development, mixed-use and multiple family developments, small lot single family development with private common ground or berms, or berms for single family detached lots as approved by the city. A landscaping plan for the entire property shall be submitted showing the location and type of existing and proposed landscaping along with a landscape legend that indicates symbols, quantity, common name, botanical name, root type at installation (balled and burlapped, container, etc.), planting size, mature height, mature spread of plants, and square footage of sodding and/or seeding to be completed. When planter beds or curb islands are proposed, the type of rock, mulch and edging shall be identified on the drawing or in the legend. The plan shall also include calculations showing that the site meets the requirements in subsection (d) below if applicable.

(b)

Landscaping shall consist of trees, shrubs, planted ground cover and other vegetative material. All proposed ornamental and over-story deciduous trees shall be a minimum of two and one-half-inch caliper measured three feet off of the ground and newly planted over-story coniferous trees shall be five feet in height at time of planting.

(c)

In all zoning districts, all developed uses or association common ground shall provide a landscaped and maintained yard, including along all perimeter public rights-of-way abutting the aforementioned use, to the extent allowed by regulating governmental jurisdictions. It shall be the obligation of the property owner(s) to maintain these areas for the life of the development.

(d)

In commercial, business, industrial and mixed use zoning districts, landscaping shall meet the following requirements:

(1)

Total green space shall be a minimum of 30 percent of the gross lot area.

(2)

The front or side yard from a public street shall be at least 20 feet deep, measured from the street right-of-way line. This yard shall be kept clear of all structures, storage and off-street parking. Except for driveways, this front or side yard shall extend along the entire frontage of the lot, and along both streets in the case of a corner lot.

(3)

Each side yard shall have a minimum of ten feet in width of landscaped area and each rear yard shall have 20 feet in width of landscaped area.

(4)

Sufficient trees shall be retained or planted from the city's recommended tree species list so that the area of the tree canopy, when mature, equals 25 percent of the lot or project area.

(5)

Total canopy coverage is the sum of the mature canopy of the individual trees located on the lot or adjacent public right-of-way. Trees on the city's list of recommended tree species are classified as small, medium or large and expected canopy size for each category is as follows:

Trees located in the public right-of-way directly adjacent to the property line of the lot may be included in the canopy coverage calculation. Where existing conditions or other provisions of this ordinance make it impracticable to meet the canopy coverage requirement on or adjacent to the site, the applicant shall plant sufficient trees to make up the shortfall in public rights-of-way or other city-owned property with the location to be determined by the city. Alternatively, the city may accept a fee based on diameter inches of required replacement as specified in the city's fee ordinance.

(6)

If trees are planted to the standards a. through c. below, expected canopy size for each category shall be increased as follows:

a.

Each tree must be planted with a minimum of 500 cubic feet of suitable soil volume to ensure proper growth.

b.

Maximum depth for calculating the suitable soil volume shall be two feet.

c.

The minimum width of the planting area at the trunk of the tree shall be eight feet.

(7)

To encourage diversity and avoid monocultures, the landscape plan shall utilize a variety of tree species. The number of tree species required will be determined as outlined in the following table. Each species must provide a minimum of 20 percent of the trees planted.

(8)

It shall be the responsibility of the current owner to see that the approved landscaping plan is maintained in an attractive and well-kept condition. Maintenance shall include replacement of dead or damaged plant material; the furnishing and installation of mulch; weeding; mowing of grass; cleaning of litter; or any other action deemed necessary by the city to insure that the requirements of this section are met. Any action that reduces the canopy cover and/or landscaping below what is required by this section shall require in-kind replacement. Failure to maintain a landscape area shall be deemed a violation of this article.

(e)

All vacant lots, tracts or parcels shall be properly maintained in accordance with their natural or existing character in conformance to section 27-66, lawn maintenance.

(f)

Parking areas that contain more than four parking spaces shall be landscaped throughout the lot to the extent of at least ten percent of the hard surface area of the parking lot and driveways to the public right-of-way, as measured from the outside curb. These landscaped areas shall consist of curb islands approximately ten feet in width on the ends of each row of parking, excluding locations of handicapped spaces. Curb islands shall also be designed to break up longer rows of parking. Where feasible, linear parking lot landscaped islands, parking lot rain gardens, depressed infiltration curb islands, and demonstrated parking areas shall also be included in the parking lot design. A combination of at least one tree and shrubs or semi-annual flower species plants shall be planted in curb islands or interior parking lot open space for each ten required parking spaces. Where the city determines that the parking lot design cannot reasonably accommodate curb islands or other landscaping open space features or cannot accommodate that amount of landscaping cited herein, plant materials shall be moved to the outside perimeter of the parking lots.

(g)

In no event shall the completion of landscaping to meet the above requirements cause a violation of any other provision of this Code.

(h)

Turf must be established by the use of native seed or sod or other method approved by the zoning administrator on all lots within 60 days, excluding the time between October 1 and May 1, of issuance of a certificate of occupancy.

(Ord. No. 1863, § 1863.01, 10-24-2012)

(a)

Complete landscaping, screening and erosion control plans shall be prepared and signed by a landscape architect or professional site planner with educational training or work experience in land analysis and site plan preparation. These plans shall include:

(1)

Detailed natural land analysis including vegetation, soil types and slopes.

(2)

Manmade features.

(3)

Details of all proposed vegetative landscaping materials including placement, Latin name, common name, caliper/height, quantity.

(4)

Details of proposed non-vegetative landscaping and screening materials.

(5)

Planting and construction schedule for completion of landscaping and screening plans.

(b)

The final landscaping and screening plan must be approved by the city council at the time of site plan review.

(Ord. No. 1863, § 1863.01, 10-24-2012)

(a)

The applicant shall file with the zoning administrator security in the form of a letter of credit or cash deposit, as determined by the zoning administrator, to ensure that the landscaping, screening and erosion control work is done pursuant to the landscaping plan within the time schedule, and to ensure that the vegetative materials used in any landscaping, screening, and erosion control work that die within the next complete growing season are replaced.

(b)

The security shall be in an amount determined by the zoning administrator, but shall be for at least 33 percent of the amount estimated by the zoning administrator as the cost of completing the required landscaping, screening, irrigation and erosion control measures, and not to exceed twice such amount. Landscaping plans showing engineered soil for tree plantings and corresponding tree planting reductions shall post a deposit equal to typical tree plantings until installation of engineered soil has been confirmed by the city.

(c)

The security shall be in force for at least the next two complete growing seasons, subsequent to the completion and approval of such landscaping, screening, and erosion control measures by the zoning administrator.

(d)

Such security shall be filed with the zoning administrator before a building permit can be issued.

(Ord. No. 1863, § 1863.01, 10-24-2012)

Purpose. The purpose of permitting specific encroachments is to provide flexibility to the underlying zoning district or approved PUD setbacks to allow for minor building additions that may include bonus rooms, sunrooms, porches, and the like. The intent is to further allow incidental encroachments for items identified in subsection (a) below:

(a)

In any yard, posts, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, steps, chimneys, ornamental features, egress wells, sidewalks, and all other similar devices incidental and appurtenant to the principal structure except as hereinafter amended.

(b)

One addition up to 300 square feet in area, may be setback 25 feet from the rear property line provided it meets the following requirements:

(1)

All side yard setbacks must be met for the addition.

(2)

In exchange for this flexibility, any decks added to the structure shall also adhere to the 25-foot setback requirement.

(Ord. No. 1863, § 1863.01, 10-24-2012; Ord. No. 1957, § 8, 12-12-2018)

(a)

In all districts, all waste material, debris, refuse, recycling, yard waste, or garbage shall be kept in an enclosed building which is constructed of the same materials as the principal structure or properly contained in a closed container designed for such purposes. Containers shall be stored indoors or be fully hidden from view behind a solid fence or wall no less than five feet in height so as not to be visible from all rights-of-way and adjoining properties. The owner of vacant land shall be responsible for keeping such land free of refuse.

(b)

Passenger vehicles and trucks in an inoperative state shall not be parked in residential districts for a period exceeding seven days; inoperative shall mean incapable of movement under their own power. All exterior storage not included as a permitted accessory use, a permitted use, or included as part of a conditional use permit, or otherwise permitted by provisions of this chapter, shall be considered as refuse.

(Ord. No. 1863, § 1863.01, 10-24-2012; Ord. No. 1957, § 9, 12-12-2018)

All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids in above ground liquid storage tanks having a capacity in excess of 10,000 gallons 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).

(Ord. No. 1863, § 1863.01, 10-24-2012)

(a)

Residential districts. All materials and equipment shall be stored within a building or be fully hidden with a solid fence or wall not less than five feet in height so as not to be visible from adjoining properties except for the following in good order.

Exceptions: The following items which are in use, or usable, and in good condition, are exempt:

(1)

Clothes lines or similar.

(2)

Recreational equipment in compliance with section 24-255.

(3)

Outdoor cooking grills and the like.

(4)

Play structures.

(5)

Construction and landscaping materials and equipment currently being used on the premises.

Exception: Materials and equipment located outdoors and in view in excess of six months.

(6)

Agricultural equipment and materials, located on permitted agricultural use property, if they are used or intended for use on the premises.

(7)

Firewood. Firewood shall be located outside of easements, at least five feet from property lines and within side and rear yards only. Firewood shall not exceed three feet in length. Quantities larger than one cord shall be fully hidden (see above) from adjacent properties.

(8)

Rain barrels, meaning a storage container that holds rain water for reuse including a manufactured, built-in outlet, spigot or faucet for draining and use of the stored water.

(9)

One storage container, with gate(s)/door(s), not exceeding five feet in height and 25 square feet in area. Containers shall be located outside of easements, at least five feet from property lines and within side and rear yards only.

(10)

Outdoor furniture. Outdoor furniture may include up to two deck boxes.

(11)

Hose and/or hose reel when adjacent to an exterior faucet and neatly kept.

(12)

Lawn, garden, and holiday ornamentation.

(b)

Nonresidential districts. All exterior storage shall be fully hidden from view. Merchandise on display without a permit is considered exterior storage and is prohibited except where specifically allowed by zoning district regulations.

(Ord. No. 1863, § 1863.01, 10-24-2012; Ord. No. 1957, § 10, 12-12-2018)

In residential districts recreational equipment up to 24 feet in length may be parked or stored outdoors as follows:

(a)

One piece of recreational equipment per dwelling unit. When recreational equipment is on a trailer, the trailer and piece of recreational equipment shall be considered as one. Measurement does not include tongue of trailer or motor (if applicable).

(b)

On any rear or side lot not within five feet of the lot line on concrete or blacktop.

(c)

In the front lot, not within 15 feet of the curb on concrete or blacktop.

(d)

Recreational equipment may not be parked or stored on a public street.

(e)

Recreational equipment shall be maintained in good condition and currently licensed if applicable.

(Ord. No. 1863, § 1863.01, 10-24-2012; Ord. No. 1957, § 11, 12-12-2018)

(a)

Permitted. Composting organic waste shall be allowed provided it is done in an environmentally sound manner and the following conditions are met:

(1)

Composting materials shall be contained.

(2)

Composting materials shall not include woody material over one quarter inch in diameter, meat, bones, fat, oils, grease, dairy products, feces, plastics, and synthetic materials.

(3)

Compost containers shall be located in the side or rear yard, at least five feet from property lines, outside of easements and 20 feet from any habitable building on adjacent properties.

(4)

Standard compost management techniques shall be employed to promote rapid biological degradation of materials in a safe and sanitary manner that avoids objectionable odors to adjacent properties as defined by the Minnesota Pollution Control Agency.

(b)

Prohibited in nonresidential areas. It is prohibited for any person to engage in composting on public property or any property not zoned for residential use without written permission from the city.

(c)

Abatement. All compost containers and/or compost materials not in compliance with this section will be declared a public nuisance and are subject to abatement.

(Ord. No. 1863, § 1863.01, 10-24-2012)

The following shall govern the location of decks and porches:

(a)

Setbacks shall be measured from the main deck or porch structure rather than support posts.

Exception: Decks and/or porches within a rear yard.

(b)

Decks and porches shall be located outside of easements.

(c)

A porch (front) or deck for a dwelling shall be allowed to encroach up to eight feet in front of the normal front yard setback for a dwelling unit provided that:

(1)

In no case shall a porch (front) or deck be closer than 20 feet from the front yard property line.

(2)

Windows and full walls shall be prohibited in the encroachment area.

(3)

Porches (front) shall comply with side yard setbacks, for a dwelling, of the underlying zoning district or approved PUD.

(d)

A porch (rear/side) shall comply with side and rear yard setbacks, for a dwelling, of the underlying zoning district or approved PUD.

Exception: Porches permitted under section 24-251(b).

(e)

Decks may encroach up to 15 feet into a rear yard setback but shall not be located closer than 15 feet from a rear property line.

(f)

Decks shall have the same minimum side yard setback as attached garage space.

Exception: Decks and porches attached to dwellings surrounded by common property or within an approved building site envelope. Such decks and porches shall be reviewed and approved by the zoning administrator or designee.

(Ord. No. 1957, § 12, 12-12-2018)