(A) Intent. It is the intent of this section to guide development so as to create a compatible relationship of land uses by maintaining certain standards. Within the various districts, the permitted uses, conditional uses, and accessory uses shall conform to these standards. Standards listed herein shall be construed as minimum standards and the City Council may require adherence to approved or suggested State of Minnesota standards.
(B) Compliance. In order to ensure compliance with the performance standards set forth herein, the Planning Commission may require the owner or operator of any facility to have made the investigations and tests as may be required to show adherence to the performance standards. The investigation and tests as are required to be made shall be carried out by an independent testing organization as may be selected by the city, at the applicant’s expense.
(C) Landscaping. All required yards shall either be landscaped or be left in a natural state. Any area left in a natural state shall be property maintained in a sightly and well-kept condition. Businesses in the highway business district and industrial district adjoining any residential structures shall be landscaped with either a fence or buffer planting screens at least 5 feet in height. Plans of the screens shall be submitted for approval as a part of the site plan and installed prior to the commencement of operation.
(D) Noise. Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity, except for noise from agricultural sources in the A-1 Agriculture District generated by agricultural use shall be exempt.
(E) Odors. Any use established, enlarged, or remodeled shall be so operated as to prevent the emission of odorous matter of the quantity as to be readily detectable at any point beyond the lot line of the site on which the use is located. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a zoning permit, except odors from agricultural sources.
(F) Glare. Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall be directed at or illuminate adjacent properties.
(G) Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties.
(H) Vibration. Any use creating periodic earth-shaking vibrations shall be prohibited if the vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.
(I) Smoke and particle matter. Any use established, enlarged, or remodeled after the effective date of this chapter shall be so operated to meet the minimum requirements of the Minnesota Pollution Control Agency for the emission of smoke or other particulate matter.
(J) Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding standards set forth by the Minnesota Pollution Control Agency, Department of Health, or other federal or state agency.
(K) Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein the use is located, toxic or noxious matter in the concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.
(L) Height regulations.
(1) Where the average slope of a lot is greater than 1-foot rise or fall in 7 feet of horizontal distance from the established street elevation at the property line, 1 story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.
(2) Height limitations set forth elsewhere in this chapter may be increased by 100% when applied to the following:
(a) Monuments;
(b) Flag poles;
(c) Cooling towers;
(d) Elevator penthouses; and/or
(e) Windmills.
(3) Height limitations set forth elsewhere in this chapter may be increased with no limitation when applied to the following, provided a conditional use permit is issued to increase height:
(a) Church spires, belfries, or domes which do not contain usable space;
(b) Water towers;
(c) Chimneys or smokestacks;
(d) Radio or television transmitting towers;
(e) Essential service structures; and/or
(f) Grain elevators.
(M) Yard regulations. Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications.
(1) Cornices, canopies, or eaves may extend into the required front yard a distance not exceeding 4 feet, 6 inches.
(2) Fire escapes may extend into the required front yard a distance not exceeding 4 feet, 6 inches.
(3) A landing place or uncovered porch may extend into the required front yard to a distance not exceeding 6 feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than 3 feet may be placed around the place.
(4) The above enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace, or outside stairway shall project into the required side yard distance, except on existing lots that are 50 feet or less in width, these allowable architectural features may project into the required side yard a distance of 2 feet.
(5) A wall, fence, or hedge may occupy part of the required front, side, or rear yard.
(6) The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth which may cause danger to traffic on a road or public road by obscuring the view.
(N) Area regulations.
(1) No lot shall be so reduced that the area of the lot or dimensions of the open spaces shall be smaller than herein prescribed.
(2) No dwelling shall hereafter be erected or altered unless there is direct access to it from a street or highway through an open space on the same lot. No building shall hereafter be erected or altered so as to close the present means of access to an existing dwelling or so as to diminish this means to a width less than the width of the existing dwelling.
(O) Accessory uses.
(1) In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than 5 feet to the main building, except as otherwise provided in this chapter.
(2) A detached accessory building shall not be located in any required front yard.
(3) A garage or building larger than 10 feet by 12 feet shall be considered a dwelling for purposes of side and rear yard regulations and requirements.
(4) A detached accessory building not over 1 story and not exceeding 16 feet in height, from the grade at the front wall of the building to the highest point of the roof, shall occupy not more than 30% of the area of any rear yard, providing further that no detached accessory building shall be located within 10 feet of any side lot line, except as noted in the residential district.
(5) In districts where filling stations are allowed, pumps and pump islands may be located within a required yard provided they are not less than 15 feet from any street right-of-way lines.
(Am. Ord. passed 11-6-1996)
(P) Buildings to be moved. Any building or structure which has been wholly or partially erected on any premises, located either within or outside of the city shall not be moved to and be placed upon any other premises in this city until an authorization to use the building or structure shall have been secured and a zoning permit obtained. In the event circumstances do not permit the owner to secure prior approval and permits, the owner shall immediately notify the Administrative Clerk/Treasurer that the building is being moved. The owner must secure a permit at the next meeting of the Planning Commission for any such building which has been moved. Any such building or structure shall conform to all the provisions of this chapter, in the same manner as a new building or structure.
(Q) Traffic visibility. No fence, wall structure, planting, or obstruction shall be erected, established, or maintained on any corner lot which will obstruct the view of a driver of a vehicle approaching the intersection. An object on the lot lines adjacent to the street within the required front yard and not exceeding 36 inches in height, as measured from the center line elevation of the street, shall not be considered as an obstruction to vision.
(R) Fences.
(1) All boundary line fences shall be entirely located upon the private property of the persons, firm, or corporation constructing, or causing the construction of the fence. All fences shall be set back at least 1 foot from all property division lines and those fences exceeding 3 feet in height shall maintain a 3-foot setback from a lot line unless:
(a) Mutual agreement can be demonstrated with abutting property owners; and
(b) A maintenance easement agreement can be drafted and agreed to by both affected parties; or
(c) Mutual ownership and responsibility agreements can be drafted and demonstrated to the City Council.
(2) Fences in the agricultural and residential districts shall not exceed 6 feet in height in the side and rear yards and shall not exceed 3 feet in height in the front yard.
(3) Fences in the business and industry district shall not exceed 6 feet in height except security fences, which shall not exceed 8 feet in height including barbed wire toppings.
(4) No fences shall be constructed within utility easements.
(5) All boundary line fences shall be constructed of decorative wood, decorative metal, decorative vinyl, or PVC or chain link fencing. Boundary line fences shall contain an adequate number of upright supports properly installed and the fence will be securely fastened to the supports to ensure that the fence shall remain in an upright position and not sag. Any type of fencing erected shall not be attached to trees. Snow fencing, barbed wire (unless used on the top of a fence otherwise constructed of chain link material and then only on a fence erected in a business or industrial district), woven wire, electric fence and other similar types of fencing are not permitted to be used as boundary line fences. Property owners shall maintain both sides of fences located on their property in reasonable repair and shall not be allow them to become and/or remain in a condition of disrepair or danger, or constitute a public or private nuisance. Fences shall be constructed with a finished side facing outward.
(6) Temporary fencing that meets a limited time use such as a seasonal fence to protect gardens from wandering animals, for crowd control or around a construction or demolition area or where a possibly hazardous condition may occur is permitted; however, these types of fences must be taken down as soon as the use is completed.
(7) Fencing to control the blowing of snow is also permitted; however, the fencing may only be erected between the dates of November 1 and April 1, or as soon after that date as the snow melts sufficiently to allow the fence to be taken down. Snow fencing shall meet the same height and setback requirements as those of boundary line fences.
(8) Hedges consisting of shrubs and other plantings in the front yard shall be no higher than 3 feet. On corner lots, no hedge or fence shall be erected, placed, planted, or allowed to grow in such a manner as would impede vision, obscure the view, or cause danger to traffic on a street, alley, or public road. All hedges shall be planted to meet the setback requirements from property lines that are required of fences when the hedges are mature. Hedges shall be maintained by the property owner upon which they are located so they do not constitute a nuisance to neighboring property owners or a danger to public health safety or welfare.
(Am. Ord. passed 12-7-1998)
(S) Lot survey requirements. In the cases where fences are being erected on property lines or structures are being enlarged within questionable distances of the applicable setbacks in districts, the Amboy Planning Commission will require the applicant (at the applicant’s expense) to have the lot surveyed and staked in order to insure compliance with those regulations established by the city.
(T) Limits on a request for a variance, conditional use permit, or amendment. A request for a variance, conditional use, or amendment which has been denied may not be requested again until a period of 6 months has passed unless the applicant can show to the satisfaction of the Planning Commission or Board of Adjustment that the conditions which were present under the earlier request filed have changed or that the request is substantially different.
(U) Home occupations. See § 150.03.
(Am. Ord. passed 11-6-1996)
(V) Residential occupancy. All structures used for residential occupancy, with the exception of manufactured homes in a manufactured home park district, shall have a minimum width of 24 feet on its narrowest dimension and shall be affixed to a permanent foundation constructed of concrete block, poured concrete, or wood which follows the perimeter of the ground level of the home and which extends below the frost line. All structures used for residential occupancy in a manufactured home park shall also be affixed to a permanent foundation which follows State of Minnesota guidelines for placement of manufactured homes and which may be constructed of concrete block, poured concrete walls or piers, or wood extending below the frost line. All structures used for residential occupancy in any district shall be anchored to resist movement.
(Am. Ord. passed 12-7-1998)
(W) Regulations on screening, landscaping, lighting, storage, and outdoor displays.
(1) Screening. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.
(2) Landscaping. All exposed ground areas surrounding or within a principal or accessory use including boulevards, which are not devoted to drives, sidewalks, patios, or other the uses shall be landscaped with grass, shrubs, trees, or other ornamental landscaped materials. All landscaped areas shall be kept neat, clean, and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies, or merchandise.
(3) Lighting. Lighting shall be directed away from public rights-of-way and residential districts. Glare, whether direct or reflected, as differentiated from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates.
(4) Storage displays. All materials, supplies, merchandise, or other similar matter not on display for a direct sale, rental, or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the highway commercial district, or within the confines of a 100% opaque wall or fence not less than 5 feet high. Merchandise which is offered for sale as described above may be displayed beyond the confines of a building in the highway commercial district, but the area occupied by the outdoor display shall not constitute a greater number of square feet than 10% of the ground floor area of the building housing the principal use, unless the merchandise is of a type customarily displayed outdoors such as garden supplies. No storage of any type shall be permitted within the 1/2 of the required front or side street setback nearest the streets.
(X) Erection and improvement of buildings.
(1) Chimneys. In every building hereafter erected, altered, or repaired within the City of Amboy, all chimneys shall be constructed of brick or other incombustible material.
(2) Studding, joists, and rafters. All shall be of the size and quality as to safely sustain the loads to be carried.
(3) Electric wiring. In every building, all electric wiring apparatus or appliances for furnishing light, heat, or power shall be in strict conformity with the statutes of the State of Minnesota, the rules and regulations issued by the Railroad and Warehouse Commission, the State Fire Marshal, and the Industrial Commission of Minnesota and in conformity with approved methods of construction for safety to life and property.
(4) Smoke detector. As per Minnesota State Electrical Code, all new residential buildings must have a smoke detector.
(5) Water and sewer. The design and construction of water supply facilities and treatment of all sewage and waste shall comply with the city, county, and state health standards and requirements. Owner must pay all costs of connecting water and sewer to the new structure from the property line. When possible, water and sewer connections will be in the alley, rather than in the street. Owner must pay a water and sewer service connection fee before zoning permit is issued. Owner must pump water from basement onto property, not down the sanitary sewer. See Title V for further regulations regarding storm water drainage.
(Ord. 106, passed 3-13-1995; Am. Ord. passed 1-3-2005) Penalty, see § 150.99