(A) Compliance required. Unless otherwise allowed, or not expressively prohibited, by the Zoning Code, no land or building in any district shall be used or occupied in any manner so as to create any:
(1) Dangerous, injurious, noxious, or otherwise objectionable fire, explosion, or other hazard;
(2) Noise;
(3) Vibration;
(4) Smoke, dust, fumes, odors, or other forms of air pollution;
(5) Heat;
(6) Glare;
(7) Liquid or solid wastes; or
(8) Other substance, condition or element in such a manner, or in such amount, as to adversely affect the surrounding area or adjoining premises.
(B) Use restrictions. All uses shall be subject to the environmental performance standards.
(C) Enforcement. The Zoning Administrator shall investigate any purported violation of performance standards and, if there are reasonable grounds for the same, shall serve the owner with a written notice of violation thereof. Where the State of Minnesota environmental regulations address a purported violation, the Zoning Administrator may report the same to the Minnesota Pollution Control Agency or any other responsible state agency. If it should become necessary for the city to employ the services of any qualified expert to advise in establishing a violation, the fee shall be paid by the violator if said violation is established, otherwise it shall be paid by the city.
(D) Performance standards.
(1) Fire and explosive hazards. All activities involving and all storage of flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry or commercial uses and that meet or surpass all minimum building code requirements. Burning of waste materials in open fires shall be prohibited at any time. The relevant provisions of state and county laws and regulations shall also apply.
(2) Noise. All sound sources, including nonconforming uses, shall comply with the state noise regulations, as administered by the Minnesota Pollution Control Agency.
(3) Vibration. No vibration shall be permitted which is discernible without instruments at the property line of said use.
(4) Smoke. No emission shall be permitted at any point from any chimney or any other emission point of visible smoke greater than 20% opacity for any measured time or a 40% opacity for any four minutes per one hour time period for existing uses and not greater than 20% opacity for any measured time for new uses. Opacity should be measured using U.S. E.P.A. Method 9. All Minnesota Pollution Control Agency regulations shall be met or exceeded.
(5) Dust, fumes, vapors and gases. The emission of dust, dirt, fly ash, fumes, vapors, or gases which can cause any damage to human health, to animals, to vegetation, or to property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited. All Minnesota Pollution Control Agency regulations shall be met or exceeded.
(6) Odor. No use other than agriculture-related activities shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. All applicable Minnesota Pollution Control Agency regulations shall be met or exceeded.
(7) Glare.
(a) In the Industrial District (I), no direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion or welding or other activities shall cause illumination in excess of 0.5 footcandles at the property line.
(b) In all other districts, no operation or activity producing glare shall be conducted so that any glare, whether direct or reflected, is visible at the property line.
(c) All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.
(8) Heat. No use shall produce heat perceptible with instruments beyond its lot lines.
(9) Waste.
(a) All waste materials shall be removed and disposed of in a manner adequate to meet all federal, State of Minnesota, and Olmsted County Health Department regulations and other requirements of this chapter.
(b) Waste materials incidental to the principal operation shall be kept in neatly stored containers screened from public view and at least 25 feet from all interior lot lines.
(c) Storage of junk, wrecked vehicles, or other waste products shall be enclosed within a building or structure.
(d) No waste shall be piled on open ground.
(e) Dumping and disposal of solid or liquid waste material.
(i) The use of land for the dumping or disposal of scrap iron, junk, garbage, rubbish, sludge, or other refuse, or of ashes, slag, or other industrial wastes or by-products, is not permitted in any district.
(ii) The dumping of dirt, sand, rock, or other material excavated from the earth is permitted in any district, provided the surface of such material is graded within four months of the initiation of dumping activities in a manner preventing the collection of stagnant water which leaves the ground surface in a stable condition suitable for growing of turf that will not be subject to erosion and is useable for other land uses permitted in the district.
(iii) No discharge is permitted at any point into any public sewer, stream, or into the ground except in accord with federal or state pollution control standards of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements to occur.
(iv) Where hazardous wastes covered by the State of Minnesota and federal regulations are produced, stored, or otherwise located on a site, the hazardous wastes shall be stored and disposed of in a manner that meets all state and federal hazardous waste disposal regulations.
(v) No open burning of liquid waste material shall be permitted within city limits. Furthermore, no open burning of solid waste material or refuse shall be permitted within the city limits unless the location for such action is at least 600 feet from any residential building and a Minnesota Pollution Control Agency permit is obtained.
(Ord. 2023-02, passed 5-9-23)