(A) Intent. The performance standards established by this section are intended to promote and preserve the health, safety, comfort, convenience, prosperity, and general welfare of the inhabitants of the city. These standards are designed to encourage a high standard of development by assuring the compatible integration of surrounding land uses.
(B) Scope. From and after the effective date of this chapter the use of all land, and structures upon such land shall be in conformance with the provisions of this section. The administration and enforcement of this section shall apply uniformly to all zoning districts. Uses of structures that become nonconforming upon the effective date of this section shall be allowed as long as they remain in compliance with § 156.052.
(C) Standards. The minimum performance standards are as follows.
(1) Aesthetics. It is hereby affirmed as essential public policy that the appearance of this community is a proper matter for public concern and that all open spaces, buildings, plantings, surfaces, and structures which may be seen from the public ways and water bodies are subject to the provisions of this chapter. On any building visible from a public street, materials shall not be permitted on exterior wall surfaces not in a proper arrangement, or combination of a permanent nature with good architectural design and appeal.
(2) Building Code. The Minnesota State Building Code as amended has been adopted by the city. The Building Code shall be complied with in all respects for the construction, maintenance or alteration of any structure or variance.
(3) Bulk materials. All bulk materials shall be contained in such a fashion that they are not allowed to become airborne. Solid or liquid particles shall not be emitted at any point in concentrations exceeding .03 grains per cubic foot of the conveying gas or air.
(4) Density. Development density is a legitimate public concern. The density of development permitted shall in all instances be consistent with the terms and intents of this chapter. To the extent reasonable, development shall be integrated with surrounding land uses.
(5) Dwelling units (prohibited). No basement, garage, tent, trailer, recreational vehicle or detached accessory building shall at any time be used as a dwelling unit. The basement portion of a finished home or apartment may be used for a dwelling unit provided it is located in a zone permitting such use and otherwise conforms with the Minnesota State Building Code, as amended.
(6) Employee dwelling units. Except as otherwise provided, living quarters within a residence of persons employed on the premises are permitted. Except as otherwise provided, living quarters on business or industrial premises of persons employed on the same premises may be permitted. Said living quarters on business or industrial premises shall require a conditional use permit and may be attached or detached. In any event, adequate off-street parking shall be provided in addition to that amount that would be required if said use were not present.
(7) Exterior lighting. Any lights used for exterior illumination shall be directed away from adjacent properties.
(8) Exterior storage. Exterior storage shall be permitted when such storage is not contrary to the terms of this chapter, or in violation of other applicable provisions of the City Code. Exterior storage shall be required to be fully screened or fully enclosed by a structure.
(9) Fences. Fences are a permitted use in any zoning district, subject to the following.
(a) Fences shall not be located on any property line.
(b) In all residential zones, fences located in front yard setbacks may not exceed 3 feet in height, except as regulated in division (c) of this section. In all other yards, fences shall not exceed 6 feet in height and shall follow the unaltered natural terrain of the land.
(c) Where a lot is located at the intersection of 2 streets, fences shall be no higher than 3 feet for a distance equal to or greater than the front yard setback measured both directions from the corner property pin.
(d) Fences in commercial zoning districts shall not exceed 6 feet in height and shall follow the unaltered terrain of the land.
(e) Fences in industrial zoning districts shall not exceed 8 feet in height. No barbed wire shall be located less than 6 feet from the ground.
(f) All fences shall be constructed and maintained so as not to endanger life or property.
(g) Fences shall not interfere with traffic or pedestrian visibility.
(h) Except as permitted in § 91.20, above ground electrical fences shall only be permitted in industrial zoning districts and shall be installed to all applicable safety standards which apply.
(10) Fire hazards. No use of land or use of structure upon the land shall be allowed to constitute a fire hazard.
(11) Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations or amount that are noxious, toxic, or corrosive.
(12) Health. All land uses and uses of structures upon the land shall be constructed and maintained in such a fashion as to not endanger the public health. Sufficient ingress, egress, rodent control, and similar health safety measures shall be required.
(13) Hours of operation.
(a) In no event shall the hours of operation of any business or industrial establishment constitute a nuisance to abutting residential properties.
(b) Permitted outdoor construction working hours. Any residential or commercial outdoor construction, alteration, repair, enlargement or demolition project or construction activities involving the use of any kind of electric, diesel or gas-powered machine or other power equipment shall not be permitted except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday.
(14) Landscaping.
(a) All required yards shall be landscaped attractively with lawn, trees, shrubs, or similar uses.
(b) Non-residential yards adjoining any of the classes of residence districts shall be effectively screened. Plans of such screens shall be submitted for approval as a part of the site plan and installed prior to issuance of the certificate of occupancy for any tract in the district.
(c) With the exception of boulevard trees as approved by the city, no other type of landscaping, retaining wall, flower garden, berm or other similar uses shall be permitted within a public right-of-way.
(d) With the exception of grass, trees and flowers, any landscaping project valued greater than $300 consisting of the alteration of land, including but not limited to: landscaping rock, boulders, berms, retaining walls, walkways, fountains, ponds, fences, patios and paver bricks requiring a building permit. As part of the building permit process for landscaping projects, a detailed site plan shall be submitted showing the locations of proposed landscaping materials for review.
(e) With the exception of driveway approaches, at a minimum, the first 5 feet of any residential boulevard or a street right-of-way located closest to the street shall be planted and maintained using traditional turf grass. Thereafter, mulch or landscaping rock may be used for landscaping purposes. Flowering plants not to exceed 36 inches in height are permitted in the boulevard or street right-of-way when used for screening or aesthetics.
(15) Materials, construction.
(a) Construction materials are permitted in any district. The materials may be located in any required yard area for only such time as may be required to expeditiously complete the project. The materials during the respective time limitations are permitted as exterior storage.
(b) All building materials for any residential or commercial construction, alteration, repair or enlargement project shall not have been previously used.
(16) National Electric Code. The National Electric Code, 1968, a U.S.A. Standard as amended has been adopted by the city. National Electric Code shall be conformed with in all respects.
(17) Noise.
(a) Noise shall be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness or intensity as discerned at the property line of the tract on which the operation is located.
(b) No person shall use or operate or permit the use or operation of a radio or similar device in a manner where it can be heard from a distance of 75 feet from the source between the hours of 7:00 a.m. and 7:00 p.m.
(18) Odor. Strong, unpleasant or objectionable odors from any use shall not be discernible at the property line.
(19) Plumbing Code. The Minnesota Plumbing Code as amended has been adopted by the city. The use of land and the use of structures upon the land shall conform to said Code in all respects.
(20) Preparation of plans and specifications. All applicable city rules, regulations and ordinances and all state laws, rules and regulations as amended shall apply.
(21) Screening. Screening required shall consist of a fence, wall, or closely grown hedge not less than 5 feet nor more than 6 feet in height except that buffer planting screens required may consist of spaced plantings exceeding 6 feet in height. Screening required shall not extend within 15 feet of any parallel street or driveway. Except as otherwise provided screening shall be placed A fence shall block direct vision. Planting of a type approved by the Zoning Administrator may also be required in addition to or in lieu of fencing.
(22) Smoke. Any emission of smoke shall be limited to the level permitted by the applicable state or federal regulations.
(23) Snow removal. Snow removal operations shall not reduce the availability, number, or gross area of off-street parking and loading areas required by this chapter. The provision of snow storage space may be required in addition to required off-street parking and loading areas. Adequate area shall be designated for snow storage such that clear visibility shall be maintained from the property to any public street.
(24) Solar energy systems. The use of solar energy systems for the purpose of heating and/or cooling is a permitted use within all zones. Use of solar energy systems is subject to the restraints imposed by the topography within the corporate limits of the city and the zoning regulations contained in this chapter. Reasonable care should be taken to protect the opportunity for the utilization of solar energy systems at all locations available.
(25) Traffic. The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial areas shall in all cases be forward moving with no backing into streets. On corner lots nothing shall be placed or allowed to grow in such a manner as to impede vision of the intersecting streets. The maximum height of any hedge or similar vegetation on corner lots is limited to 3 feet in height in any building setback area.
(26) Watersheds. No land use or use of structures upon the land shall be allowed to divert the natural drainage of the land except as may be permitted pursuant to approved site or building plans.
(27) Waste. All sewage and wastes shall be treated and disposed of in such manner as to comply with city and Minnesota State Department of Health standards and requirements.
(28) Yards. Except as otherwise provided, required yard areas shall be open and unobstructed. Measurements shall be taken from the nearest point of the structure to the lot line in question except that cornices, canopies, eaves, or fire escapes may extend into the required front, side or rear yard to a distance not exceeding 2 feet.
(1975 Code, § 11.22) (Am. Ord. 3, passed 3-2-1981; Am. Ord. 23, passed 8-16-1982; Am. Ord. 24, passed 10-18-1982; Am. Ord. 8, 4th Series, passed 1-16-2007; Am. Ord. 17, 4th Series, passed 1-17-2008; Am. Ord. 48, 4th Series, passed 1-22-2013; Am. Ord. 63, 4th Series, passed 1-5-2015; Am. Ord. 86, 4th Series, passed 4-3-2017; Am. Ord. 102, 4th Series, passed 4-2-2018; Am. Ord. 132, 4th Series, passed 8-17-2020)