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(A) Public or municipal sewage collection and treatment systems shall be used where available, feasible, and in accordance with applicable city ordinances.
(B) Where applicable, private septic tanks or soil absorption systems may be utilized in accordance with the following:
(1) All individual septic tanks or soil absorption systems shall be a minimum of 50 feet from the nearest well.
(2) All private sewage and other sanitary waste disposal systems shall conform to applicable standards, criteria, Minn. Rules, Chapter 7080, as amended from time to time, and regulations of the State Pollution Control Agency, and any applicable local governmental regulations in terms of size, construction, use, and maintenance.
(3) Location and installation of a septic tank and soil absorption system shall be so that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance, endanger the safety of any domestic water supply, nor pollute or contaminate any waters of the state. In determining a suitable location for the system, consideration shall be given to the size and shape of the lot, slope of natural and finished grade, soil permeability, high ground water elevation, accessibility for maintenance, and possible expansion of the system. Both percolation rate tests and soil boring tests shall be done on any proposed sites prior to approval of a permit, in accordance with State Pollution Control Agency standards, Minn. Rules, Chapter 7080, as amended from time to time.
(4) Alternative methods of sewage disposal such as holding tanks, privies, or electric or gas incinerators may be allowed only where municipal sewer is not available provided they meet the standards and regulations of the State Pollution Control Agency and State Department of Health.
(5) Soil absorption systems shall not be allowed in the following areas:
(a) Low, swampy areas or areas adjacent to recurrent flooding;
(b) Areas where the highest known ground water table, bedrock, or impervious soil conditions are within four feet of the bottom of the system; or
(c) Areas of ground slope which create a danger of seepage of the effluent onto the surface of the ground.
(Ord. 134/94, passed 3-24-94; Am. Ord. 453, passed 7-18-19)
(A) Any lawful nonconforming use existing on the date of this chapter may be continued, except that any nonconforming use or building may not be:
(1) Changed to another nonconforming use;
(2) Re-established after discontinuance for one year, or if it has been changed to be in conformity;
(3) Rebuilt after damage exceeding 50% of its fair market value; or
(4) Expanded or moved to a location so as to continue as a nonconforming use.
(B) Any structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this chapter or amendment thereof and continues to completion within one year shall thereafter be a legally existing nonconforming structure.
(C) Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.
(D) Nonconforming agricultural uses are regulated in § 156.117 below.
(Ord. 134/94, passed 3-24-94)
(E) Any existing residential building constructed before January 1, 2001 and located in the B-1 Central Business district or the B-2 General Business District shall be allowed to rebuild, expand, or add accessory buildings, provided the zoning requirements stated for the R-2 Family Residential District are met.
(Ord. 325, passed 1-18-01)
All farm operations currently in existence that are under ten acres in size will be permitted to continue operation subject to the following conditions:
(A) Farming operations of less than ten acres, excepting commercial feed lots, are nonconforming uses in the district in which an existing operation is located, provided that any new building in which farm animals are kept shall be a distance of 100 feet or more from any other lot in any residential district.
(1) If the property currently has farm animals, it can continue to have farm animals under the nonconforming use ordinance.
(2) If the property is used only for crops, farm animals will not be allowed. The property is allowed to crop rotate and maintain crops as a nonconforming use.
(B) Limited sales of products produced may be conducted on the premises from a roadside stand, but the stand shall not exceed 12 feet in height or 500 square feet in floor area, and no portion of any stand shall be located or erected nearer than 40 feet from any street right-of-way.
(C) The city may require any farm operation to secure a conditional use permit to continue operation in the event the farming operations are so intensive as to constitute a feed lot or an industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade.
(D) Nothing in this chapter shall be deemed to prevent the restoring to a safe condition any building or part thereof declared unsafe by the official charged with protecting the public safety, upon order of that official.
(Ord. 134/94, passed 3-24-94; Am. Ord. 483, passed 6-16-21) Penalty, see § 10.99
SIGNS AND BILLBOARDS
(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMATED SIGN. A sign which includes action or motion.
BILLBOARD. A sign erected for the purpose of advertising a product, event, service, person or subject which is not entirely related to the premises on which the sign is located.
FLASHING SIGN. An illuminated sign which contains flashing lights or has notable changes in light intensity.
POLITICAL SIGN. A sign which includes the name or picture of an individual seeking election or appointment to public office, or pertaining to a forthcoming public election or referendum, or pertaining to or advocating political view or policies, which is erected on private property by a bona fide candidate for political office or by a person or group supporting such a candidate and which contains the name and address of the person or group responsible for the erection and removal of the sign.
REAL ESTATE SIGN. A sign pertaining to the sale, lease, or rental of the real estate upon which it is located.
SIGN. Any structure, device, advertisement, or visual representation intended to visually advertise, identify, or communicate information, or to visually attract the attention of the public for any purpose, unless located within a building and not visible from the exterior of the building, including any beacon or search light intended to attract the attention of the public for any purpose, and any structure or device the primary purpose of which is to illuminate, animate, or project a visual representation, but excluding official notices issued by any court or government body, notices posted by a public official in the performance of official duties, or traffic-control SIGNS established under governmental authority.
ZONED OR ZONING DISTRICTS. The zoning classification of a particular piece of property according to the comprehensive Zoning Map of the city.
(B) City Council. All appeals, permit authorizations, special exceptions, and variances as well as public welfare concerns such as determinations as required by § 156.135(G) shall be acted upon and determined solely by the Council.
(Ord. 310, passed 2-18-93)
A sign permit is necessary prior to the installation or remodeling of any sign, except those signs set forth in § 156.132 below. Application for a permit shall be submitted on a form to be provided by the City Building Inspector. All permit applications shall be accompanied by payment of a sign permit fee to the city in an amount designated in Chapter 34 of this code, which fee is in addition to any required building permit fee. The City Council may from time to time change the amount of the sign permit fee.
(Ord. 310, passed 2-18-93; Am. Ord. 453, passed 7-18-19)
The following described signs are permitted without a sign permit:
(A) A temporary real estate or construction sign not exceeding eight square feet is permitted on property being sold, leased, or developed. These signs shall be removed when the property is sold, developed, or occupied. In B-1 zones, a temporary real estate sale/lease or construction sign may be permitted which sign shall not exceed two feet by two feet in size. All signs of this type shall be removed from the premises within 60 days following completion of the sale, lease, or construction.
(B) All non-commercial signs of any size may be posted from August 1 in a state general election year until 10 days following the state general election, from 30 days before the special election to 10 days after a special election.
(C) Special events temporary signs for non-profit organizations are permitted which are temporary displays which are erected to celebrate, commemorate, or observe a civil or religious holiday. These signs shall be removed from the premises within ten days following completion of the special event. The special event signs shall not exceed four feet by eight feet in size.
(1) Special events temporary signs shall not be erected more than 90 days before the date of the special event; an extension of this time limit may be obtained only by variance.
(2) Public portable signs may be erected by the city and/or a non-profit corporation to advertise community-interest events and which public portable signs shall be placed upon public property. All public portable signs shall not be erected more than seven days before the date of the special event and shall be promptly removed following the event.
(D) In residential areas, one sign per single lot advertising a garage sale is permitted if the sign meets the following qualifications:
(1) The sale is not part of or used in connection with a commercial enterprise;
(2) The sign may not be larger than four square feet;
(3) The sign must be removed within 72 hours of the time when it is erected;
(4) No sign shall be affixed or in any way attached to a tree or shrub nor to any city street or avenue sign or post; and
(5) In addition, no garage sale sign shall be permitted to be publicly displayed more than one consecutive 72-hour period during any consecutive four-month period.
(E) Identification signs for one or two family dwellings are permitted, provided that these signs are less than two square feet in area.
(F) Pedestrian, vehicular traffic, and parking directional signs in parking lots are permitted, provided that these signs are less than nine square feet in area.
(G) Traffic-control signs, non-commercial governmental signs, railroad crossing signs, and temporary non-advertising safety or emergency signs are permitted.
(H) Temporary signs are permitted which shall not exceed 40 feet in total square footage, are not placed on the principal business building, and shall not be placed, whether in the initial placement and/or a changed placement on the premises, more than 90 days per consecutive 12-month period.
(I) In B-1, B-2 or I-1, temporary banners including and up to three feather flag banners are permitted which shall not exceed a total of 120 square feet in size, shall be secured in a manner so as to not flap nor flutter nor cause audible noise, and shall not be in place, whether in the initial placement and/or a changed placement on the premises, for more than 90 days per consecutive 12-month period.
(Ord. 310, passed 2-18-93; Am. Ord. 453, passed 7-18-19)
Penalty, see § 10.99
(A) Bulletin boards not exceeding 32 square feet used in connection with any church, school, or similar public building, are permitted.
(B) Except in areas zoned R-1, R-2, and R-3, business signs shall be permitted if they meet the following requirements:
(1) Signs shall not contain information or advertising for any product not sold on the premises.
(2) Signs shall not have a combined aggregate surface size greater than five square feet for each foot of width of the principal structure of the premises.
(3) The sign attached to a building shall be flush mounted with the wall of the building and not exceed 12 inches in depth.
(4) Signs shall not extend beyond the side edge or the roof of the building.
(5) Signs may be illuminated but the source of light must be hidden. Outside lights shall be deemed part of the sign. Illumination of any sign must be kept in good repair, provided that no sign can be erected involving flashing lights or lighting which constitutes a traffic hazard.
(6) Signs must be constructed of a durable exterior material and meet all applicable building and electrical codes at the time of installation, repair, or replacement.
(7) Signs painted on buildings must also meet all applicable building and electrical codes at the time of installation, repair or replacement, and painted signs must be repaired and maintained without excessive fading, chipping, or peeling.
(C) Agricultural signs located on property which is used for agricultural purposes, and where the tract of land used for these purposes is in excess of 86,000 square feet, are permitted.
(D) The city may furnish and install, use, and maintain a business location directional sign which may be placed on city street, avenue, and alley rights-of-way. The city shall charge an annual fee therefor which shall include the sign costs and cost of installation thereof which amount shall be set, at least annually, by the City Council. Each individual business location directional sign shall not exceed three square feet in size. The color, size, and sign design shall be established by the City Manager-Clerk subject to the approval thereof by the City Council.
(E) One free-standing business sign, not exceeding 30 feet in total height nor exceeding 400 square feet in size on a single side of the sign on any single business premise, is permitted. More than one free-standing business sign on a single premise shall be permitted only by variance granted pursuant to § 156.138. The free-standing business sign shall conform to all requirements of this section and shall also conform to § 156.135(G). Any free-standing business sign shall not project onto or over any public right-of-way.
(F) One portable business sign not exceeding 32 feet in total size shall be permitted on any single business premise for a period not exceeding 90 days per consecutive 12-month period. All portable business signs shall be placed only on private property and shall comply with and conform to all requirements of § 156.135(G). Any time extension shall be only by variance in accordance with § 156.138.
(Ord. 310, passed 2-18-93; Am Ord. passed 3-24-94; Am. Ord. 350, passed 5-20-04; Am. Ord. 453, passed 7-18-19; Am. Ord. 483, passed 6-16-21) Penalty, see § 10.99
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