(A) Nuisance standards.
(1) Noise. Any use established shall be so operated that no undue noise resulting from the use is perceptible beyond the boundaries of the property on which the use is located. This standard shall not apply to incidental traffic, parking, loading, construction, farming or maintenance operations.
(2) Vibration. Any use creating periodic earth-shaking vibration shall be prohibited if undue vibrations are perceptible beyond the boundaries of the property on which the use is located. This standard shall not apply to vibrations created during periods of construction.
(3) Glare and heat. Any use producing intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located.
(4) Smoke and particulate matter. Any use established, enlarged or remodeled after the effective date of this chapter shall be so operated as to meet the minimum requirements of the state’s Pollution Control Agency for the emission of smoke and particulate matter.
(5) Toxic or noxious matter. No use shall discharge into the atmosphere, water or subsoil, any toxic or noxious matter. All discharges shall be in conformity to the regulations and standards adopted by the state’s Pollution Control Agency.
(6) Light. Lighting shall be shielded and directed away from the public right-of-way and adjacent properties and shall not exceed one foot candle of illumination at the property line unless specifically approved.
(7) Compliance. In order to ensure compliance with the performance standards set forth above, the Zoning Administrator may require the owner or operator of any permitted, conditional or interim use to conduct investigations and tests needed to demonstrate compliance with the performance standards. The investigations and tests shall be performed by an independent testing organization selected by the Planning Commission. All costs shall be borne by the owner or operator.
(8) Use of fertilizer, pesticides or animal wastes. Use must be done in a way as to minimize impact on the shore impact zone or a public water by proper application or use of earth or vegetation.
(B) Storage standards.
(1) All materials and equipment shall be stored within a building or screened from adjoining properties, except for the following:
(a) Laundry drying and recreational equipment;
(b) Construction and landscaping materials and equipment being currently used for construction of the premises; and
(c) Off-street parking, except as otherwise regulated herein.
(2) Boats and travel trailers and motor homes, less than 35 feet in length, are permissible, if stored in the side or rear yard not less than ten feet distant from any property line. Existing uses shall comply with this provision within 12 months of the effective date of this chapter.
(3) In a residential platted subdivision, wood piles must be neatly stacked, a maximum of eight feet in height, and must not take up more than 10% of the total open space of a yard.
(4) All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall comply with the requirements of any applicable federal or state law, rules or regulations and must have documents from those offices stating that the use is in compliance. Fuel tanks may be permitted as accessory use only and shall be subject to setback requirements. All existing, above-ground liquid storage tanks shall comply with the requirements of the State Fire Marshal’s office.
(C) Visual standards.
(1) Screening. When any commercial, business or industrial use is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. The screening required shall consist of fences, trees or shrubs or other methods as approved by the Planning Commission before the plan is implemented.
(2) Fences. The following general standards apply to all fences constructed within the ARD.
(a) Any fence in excess of six feet in height shall require an interim use permit, except open fences constructed for agricultural purposes.
(b) Fences shall be located entirely upon the private property of the persons constructing the fence unless the owner of the adjacent property agrees, in writing, that such fence may be erected on the division lines of the respective properties. If adjacent neighbors cannot agree that such fence be placed on the property line, such fence must be placed one foot from the property line. The Zoning Administrator may require the owner of the property with an existing fence to establish the boundary line of the property by a survey.
(c) Posts and framework shall be placed within the property lines of the owner. The actual fencing material, such as chain link, lumber, pickets and the like, shall be placed on the side of the fence which faces the street or adjacent property.
(d) Building permits are not required for fences under six feet in height.
(e) No fence shall be constructed on road rights-of-way and shall not be placed in a manner that obstructs the view within the intersection and sight distance triangle or that interferes with use of the right-of-way for right-of-way purposes.
(f) Every fence shall be constructed in a workmanlike manner and of substantial material reasonably suited to the purpose for which the fence is to be used. Cloth or canvas shall not be allowed.
(g) Every fence shall be maintained in a condition of good repair and shall not be allowed to become and remain in a condition that would constitute a public nuisance or a dangerous condition.
(h) The following additional standards apply to residential fences.
1. The maximum height for a residential fence shall be six feet.
2. Barbed wire is not permitted in a residential platted subdivision.
(i) The following additional standards shall apply to business and industrial fences.
1. Fences may be located on a lot line to a height of six feet. Fences over six feet in height shall require an interim use permit.
2. A security arm for barbed wire shall be permitted when needed for security reasons as approved by the Planning Commission.
(D) Hazardous elements standards.
(1) Explosives. Any use requiring the storage, utilization or manufacturing of products that could decompose by detonation shall be located not less than 400 feet from any residence. This section shall not apply to the storage or usage of liquid petroleum or natural gas for normal residential or business purpose.
(2) Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the state’s Pollution Control Agency.
(3) Incinerators. The installation of incinerators and their use and design shall be in conformity with the regulations and standards adopted by the state’s Pollution Control Agency.
(E) Parking standards. All parking, driveway and loading areas hereafter constructed or maintained shall conform to the provisions of this chapter.
(1) Computing requirements. In computing the number of parking spaces required, the following rules shall apply.
(a) “Square feet” shall refer to the gross floor area of the specific use.
(b) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of a similar nature, as determined by the Zoning Administrator.
(2) Minimum size regulations. Each automobile space shall contain a minimum area of not less than 300 square feet, including access drives, a width of not less than nine feet and a depth of not less than 18 feet. Each space shall be adequately served by access drives. All loading spaces shall be sufficient to meet the requirements of each use and shall provide adequate space for storage and maneuvering of the vehicles they are designed to serve.
(3) Construction and maintenance.
(a) On-site parking areas and driveways shall be improved with a durable surface.
(b) Parking areas and driveways shall have curbs where needed to protect required yards, direct traffic or to control surface water runoff.
(c) Adequate areas for snow removal and storage shall be provided outside of required parking spaces.
(d) The operator of the principal building or use shall maintain parking and loading areas, access drives and yard areas in a neat and adequate manner.
(e) Directional signs indicating entrances and exits to on-site parking areas are encouraged. Directional signs shall not bear any business name or be used for advertising.
(4) Required number of on-site parking spaces. On-site parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use. The minimum number of required on-site parking spaces for the following uses shall be as specified in the following table:
Land Use | Required Spaces |
Land Use | Required Spaces |
Automobile service station | 4, plus 2 per service bay |
Commercial indoor recreational use | 1 per 250 square feet of public area |
Commercial outdoor recreational use | As determined by the conditional or interim use permit |
Limited production and processing | 1 per employee on the largest shift, or 1 per 800 square feet, whichever is greater * |
Lodging | 1 per guest room plus 1 per employee on largest shift |
Office or service business | 1 per 400 square feet * |
Outdoor sales lot | 1 per 2,000 square feet of outdoor sales area * |
Religious institution, place of assembly | 1 per 3 seats in main seating area |
Residential dwelling unit | 2 per dwelling unit |
Restaurant, café | 1 per 100 square feet of customer seating area * |
Retail business | 1 per 250 square feet * |
Schools, grades K - 12 | 2 per classroom, plus 1 per 3 students of legal driving age, based on capacity |
Storage, wholesale or warehouse use | 1 per employee on largest shift, or 1 per 2,000 square feet, whichever is greater * |
NOTES TO TABLE: * The parking area will be increased by 20% if parking stalls are not paved and striped. | |
(5) Loading areas. Off-street loading space shall be provided for any non-residential use that requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, and that have a gross floor area of 5,000 square feet or more.
(a) Loading areas shall be provided according to the following minimum standards.
1. The off-street loading requirement for buildings with less than 20,000 square feet of gross floor area may be satisfied by the designation of a loading zone area on the site. This loading zone area shall be separate from any required off-street parking area and access to it shall not conflict with automobile or pedestrian circulation within the site.
2. Buildings with 20,001 to 50,000 square feet of gross floor area shall provide a minimum of one loading space.
3. Buildings with 50,001 to 100,000 square feet of gross floor area shall provide a minimum of two loading spaces.
4. Buildings with 101,000 or more square feet of gross floor area shall provide one additional loading space per each additional 30,000 square feet gross floor area.
(b) All loading spaces and driveways shall be surfaced with asphalt or concrete.
(6) Screening of parking and loading areas.
(a) All commercial or industrial parking and loading areas shall be screened from adjoining residential or agricultural uses by a wall, solid fence or densely planted compact vegetation at least six feet in height within two years of planting.
(b) All parking areas adjacent to a public right-of-way shall be screened with a masonry wall, fence, berm or hedge or combination that forms a screen at least three feet in height and not less than 90% opaque on a year-round basis. Overstory trees shall be planted within the required setback areas at intervals of one tree per 40 feet.
(F) Sign regulations. All signs hereinafter erected, altered, substantially repaired, relocated and maintained, except official traffic and road or street signs, shall conform to the following standards.
(1) Permit required. No sign shall be erected unless the owner of the land on which the sign will be placed obtains a sign permit.
(2) Billboards prohibited. Off-premises signs, more commonly known as billboards, shall be prohibited.
(3) Sign types - where allowed. Wall signs and monument signs are allowed in any zoning district.
(4) Number per lot. A maximum of one large sign, or two small signs that combined do not exceed the maximum specified in division (F)(5) below, per lot, shall be permitted in the ARD.
(5) Maximum size. The maximum size of a permitted sign is as follows:
(a) For residential uses and permitted home occupations: four square feet for each of two allowed sign faces;
(b) For home occupations allowed with an interim use permit: 16 square feet for each of two allowed sign faces;
(c) For all other uses: 32 square feet for each of two allowed sign faces; and
(d) If two sign faces are proposed, they shall be immediately behind the other appearing to be two sides of a single sign and the faces shall not be at an angle to the other.
(6) Maximum height.
(a) Monument signs shall not exceed 12 feet in height above the average grade at the base of the sign.
(b) No part of a pylon sign shall exceed 30 feet in height above the average grade at the base of the sign.
(c) No building-mounted sign shall extend above the roof of the building.
(d) Ground-mounted signs are encouraged instead of building-mounted or pylon signs.
(7) Illumination. If a sign is externally illuminated, the illumination shall be directed only on to the sign and the light source shall not be visible from surrounding properties. Electronic signs shall not be permitted.
(8) Safe condition. No sign shall be permitted that shall in any way endanger the health or safety of the general public.
(9) Clean area.
(a) All areas surrounding a permitted sign shall be kept free from unreasonable growth, debris or rubbish.
(b) Failure to correct the conditions after being so directed in writing by the Zoning Administrator shall be cause for revocation of the existing sign permit and removal of the sign.
(10) Temporary signs. Signs of a temporary nature that do not exceed 12 square feet in area shall be exempt from the permitting requirement. Temporary signs may be displayed for a period not to exceed 30 days, on a maximum of four occasions per year.
(11) Removal for roadway construction. Signs shall be removed by the sign owner at no expense or claim of damage to any governmental unit, if necessary for construction, reconstruction or relocation of any public roadway.
(12) Limits on location. The following limits on location apply to all signs, permitted and temporary.
(a) No sign, except as erected by an official unit of government for the direction of traffic or necessary public information, shall be permitted within the right-of-way of any public road.
(b) All permitted signs shall be located outside of the required sight triangle and shall maintain a 20-foot setback from all property lines.
(G) Environmental performance standards.
(1) Purpose. The purpose of this division (G) is to provide regulations of general applicability for property throughout the ARD, to protect the natural environment, to minimize conflicts among land uses and to implement the natural resource goals of the Comprehensive Plan.
(2) Applicability. The regulations set forth in this division (G) apply to all structures and all land uses, except as otherwise provided in this chapter. No permit shall be issued unless provisions are made for meeting applicable environmental performance standards in this division (G).
(3) Impervious surface limitation. Impervious coverage of lots must not exceed 25% of the lot area including structures, roads, driveways and parking areas.
(4) Water supply and sewage treatment.
(a) Water supply standards. Any public or private water supply for domestic purposes must meet or exceed the water quality standards of the state’s Department of Health and the state’s Pollution Control Agency.
(b) Sewage treatment standards. Private or community sewer standards in all districts shall meet the standards for individual sewage treatment systems found in Minn. Rules Ch. 7080.
(c) Alternative septic site required. Each proposed use shall identify two sites approved for septic systems, and these sites shall be protected during construction and preserved in their natural state until their use as a septic system location.
(d) Compliance inspection required. A sewage treatment compliance inspection shall be required prior to issuance of any permit or certificate relating to water usage. The compliance inspection shall determine if the sewage treatment system is in conformance with this chapter and state regulations.
(e) Use of public systems required. Where available, publicly-owned systems must be used within one year of the date of issuance of a permit under this chapter. Existing non-conforming individual septic systems may be exempted at the discretion of the publicly owned system governing body if the governing body agrees to manage and regularly inspect the individual system. A new individual system shall not be allowed where a publicly owned system is available.
(5) Drainage and storm water management. No land shall be developed and no use shall be permitted that results in water run-off causing flooding or erosion on adjacent property. The run-off shall be properly channeled into a storm drain, watercourse, ponding area or other suitable facility designed to intercept and store run-off in an amount caused by a 100-year, 24-hour storm event (six inches of rain in 24 hours).
(a) Drainage plan required. A drainage plan shall be submitted and approved for all new commercial, industrial, institutional, residential and planned unit developments.
(b) Effect on adjacent land. A proposed development shall not increase the runoff rate of storm water so as to cause an adverse effect upon adjacent lands.
(c) Use of natural vegetation and natural features. Erosion protection measures shall make maximum use of natural in-place vegetation rather than the placing of new vegetation on-site as erosion control facilities. When possible, existing natural drainageways, natural or created wetlands, and vegetated soil surfaces must be used to convey, store, filter and retain storm water runoff.
(d) Disturbed area wetlands. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities and erosion potential, and that will reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
(e) Constructed features standards. When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds shall be required. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human-made materials and facilities. Settling basins to intercept urban runoff shall be sized to a minimum of a 100-year, 24-hour (six inches of rain in 24 hours) storm design.
(f) Certification by a professional. When constructed facilities are used for storm water management, documentation must be provided by a professional engineer licensed with the state that they are designed and installed consistent with federal, state and local standards.
(g) Filtering and settling required. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended soils and skimming of surface debris before discharge.
(h) Easement dedications required. When a land or easement dedication is a condition of approval for a permit or subdivision, the applicant must provide easements over natural drainage or ponding areas for management of ponding areas, storm water and significant wetlands.
(i) Management and maintenance plan required. A management and maintenance plan shall be submitted and approved for all new commercial, industrial, institutional, residential and planned unit developments. The management and maintenance plan shall include plans for ownership, management and maintenance of drainage and storm water control features.
(H) Erosion and sedimentation control standards.
(1) Wetlands and water bodies. Wetlands and other water bodies shall not be used as primary sediment traps during or after construction.
(2) Placement of structures. All new structures shall be located in such a manner as to minimize the removal of vegetation and alteration of natural topography.
(3) Maintenance. Any and all erosion control, storm water runoff, utility access and similar structures shall be designed to be maintained, cleaned out and otherwise operated without requiring the crossing of private lands with or by the operation of motorized heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes on slopes in excess of 8%. As used in this section, private lands includes any outlots.
(4) Site suitability. The applicant shall demonstrate that the types and densities of land use proposed shall be suited to the site and soil conditions and shall not present a threat to the maintenance of water quality, a potential increase in maintenance cost of utilities, parking areas or roads, and shall not be subject to problems due to soil limitations including, but not limited to, soil bearing strength, shrink/swell potential and excessive frost movement.
(5) Construction fencing. The applicant shall be required to furnish and to install fences wherever the Zoning Administrator determines a hazardous condition may exist or an environmentally sensitive area needs to be protected during construction. The applicant, of his or her own volitions, shall provide fencing wherever a hazardous condition may exist during construction prior to any determination made by the Zoning Administrator.
(6) Construction waste handling. No cut trees, timber, debris, earth, rock, stones, rubbish or waste materials of any kind shall be buried in any land or left or deposited on any lot or future street without the approval of the Zoning Administrator.
(7) Topsoil preservation. If topsoil is removed from sites or lots during construction, it shall be stored and stockpiled for re-spreading over lots and shall not be sold or otherwise removed from the subdivision or site area unless the removal of excess topsoil is approved by the Planning Commission.
(8) Topsoil replacement. Topsoil shall be re-spread so as to provide at least six inches of cover originally existing on the site or a minimum of four inches of cover if the original cover was less. The site shall also be stabilized by seeding and/or sodding.
(I) Landscaping requirements. All required yards for any structure shall either be landscaped or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with natural vegetation, lawn, trees and shrubs. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition. Yards adjoining any residential district shall be landscaped with buffer planting screens. Plans of the screens shall be submitted to the Zoning Administrator for approval as part of the site plan and installed prior to issuance of a certificate of occupancy.
(J) Steep slopes. Slopes in excess of 18% and over 50 feet in length shall not be graded, excavated or developed. Slopes from 12% to 18% natural grade shall only be grades, excavated or developed according to an approved grading plan providing for stabilization and vegetation after grading as approved by the City Council. Additional steep slope provisions apply in the Shoreland, Wild and Scenic and Floodplain Overlay Districts.
(K) Trees, forest land and natural vegetation preservation.
(1) General standards. Natural vegetation, including ground cover and trees, shall be preserved and maintained to the greatest extent possible in order to control erosion and runoff, preserve habitat and maintain a buffer between land uses. The following restrictions shall apply to all development.
(a) Structures should be located in such a manner that the maximum number of trees shall be preserved.
(b) Prior to the granting of a building permit, it shall be the duty of the person seeking the permit to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site.
(c) Forestation, reforestation or landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape.
(d) The root zone of existing trees shall be preserved and protected during development including grading and contouring, so that the trees are not adversely affected by the construction work.
(e) Notwithstanding the above, the removal of trees seriously damaged by storms or other natural causes or diseased trees is permitted.
(f) Residential development shall not disturb or remove trees more than one-half acre, commercial or industrial development no more than one acre of healthy trees for the building pad, out buildings, driveways, septic system, firebreak, well or for any other purpose without first providing a tree replanting plan for the site to the Zoning Administrator.
(g) A tree inventory shall be carried out by the developer and no more than 40% of trees with a caliper of six inches or greater at DBH shall be cleared or in any way removed from the site unless replaced with an equal number and variety of trees of at least six inches at DBH (measured four and one-half feet above ground level), or an equivalent as determined by the Zoning Administrator.
(h) As a mitigating measure, where trees are to be removed, the developer shall prepare a tree planting plan to be approved by the Zoning Administrator. The plan shall be implemented as practical for the season prior to a final occupancy permit is issued.
(i) Timing of tree removal shall be such as to minimize tree loss.
(2) Forest land management standards. The harvesting of timber and associated reforestations or conversion of forested use to a non-forested use must be conducted consistent with the following standards.
(a) Timber harvesting and associated reforestation must be conducted consistent with the provisions of the state’s Non-point Source Pollution Assessment - Forestry and the provisions of the Water Quality in Forest Management’s “Best Management Practices in Minnesota”.
(b) Forest land conversion to another use requires issuance of a conditional use permit and adherence to the following standards.
1. Shore and bluff impact zones must not be intensively cleared of vegetation; and
2. An erosion and sediment control plan is developed and approved by the local soil and water conservation district before issuance of a conditional use permit for the conversion.
(L) Wetlands preservation. To the extent possible, all wetlands, including marshlands and swamps, shall be retained in their natural state. Alterations to wetlands shall require review from the county’s Soil and Water Conservation District. The following provisions apply to wetlands in the ARD.
(1) Discharges.
(a) No part of any sewage treatment system requiring on-land or in-ground disposal of waste shall be located closer than 75 feet from the wetland boundary, as delineated by a certified wetland specialist, or ordinary high water level unless it is proven by the applicant that no effluent will immediately or gradually reach the wetland because of existing physical characteristics of the site or the system.
(b) Organic waste that would normally be disposed of at a solid waste treatment site or that would normally be discharged into a sewage treatment system or sewer shall not be directly or indirectly discharged to a wetland.
(c) Untreated storm water runoff from construction sites may not be directed to a wetland.
(2) Building constraints.
(a) The lowest floor elevation of buildings used for living quarters or work area shall be at least three feet above the ordinary high water level.
(b) Structures shall be setback 20 feet from the wetland boundary, as delineated by a certified wetland specialist.
(M) Additional requirements for designated trout streams.
(1) Any development or activity within the shoreland area of an agricultural river tributary stream that is a designated trout stream as designated by the Department of Natural Resources shall include efforts to mitigate the impact of development on the trout stream. The mitigation shall offset the effects of the development on water quality, water quantity and water temperature.
(2) Mitigation may include, but is not limited to, planting of stream bank vegetation, additional structure setbacks or additional storm water management controls.