(A) Required fencing, screening and landscaping. The fencing and screening required by this chapter shall be subject to § 11.30(L) of this chapter and shall consist of either a fence or a green belt planting strip.
(1) A green belt planting strip shall consist of evergreen ground cover and shall be of sufficient width and density to provide an effective screen. This planting strip shall contain no structures or other use. The planting strip shall not be less than eight feet in height. Earth mounding or berms may be used, but shall not be used to achieve more than three feet of the required screen. The planting plan and type of shrub shall require the approval of the Planning and Zoning Commission based upon recommendations of the Building Inspector.
(2) (a) A required screening fence shall be constructed of masonry, brick, wood or steel. The fence shall provide a solid screening effect and shall not be less than six feet in height.
(b) The design and materials used in constructing a required screening fence shall be subject to the approval of the Planning Commission based upon recommendation of the Building Inspector.
(3) Screening shall be provided in the following situations.
(a) Residential districts.
1. Screening from abutting residential uses shall be provided in the following instances: public utility buildings and structures; all open, non-residential off-street parking areas of five or more spaces.
2. Screening from abutting R-1, R-2, R-3, R-4 and R-5 Districts shall be provided in the following instances: professional offices and clinics.
3. Side yards can be screened in the following instances: nursing homes and group housing.
(b) Business districts. Screening from abutting residential districts shall be provided in the following instances: public utility buildings and structures, convenience food, car wash, motor fuel station, major auto repair, tire and battery stores and sendee, open and outdoor storage, service, sales and rentals, greenhouses and all open off-street parking areas of five or more spaces.
(c) Industrial districts. Screening from abusing residential districts and view from a public right-of-way shall be provided in the following instances: open and outdoor storage, service, sales and/or rentals; all open, off-street parking areas of five or more spaces.
(B) Explosives. No activities involving the storage, utilization or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted, except such as are specifically licensed by the Council.
(C) Radiation and electrical emissions.
(1) No activities shall be permitted that emit dangerous and radioactivity beyond enclosed areas.
(2) There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
(D) Lighting and glare. Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in the manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Except for street lighting provided by the public utilities, any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of the street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from the property.
(E) Smoke. The emission of smoke by any use shall be in compliance with and regulated by the state’s pollution control standards, Minn. Regs. APC 1-15.
(F) Dust and other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the state’s Pollution Control Standards, Minn. Regs. APC 1-15.
(G) Odors. The emission of odor by any use shall be in compliance with and regulated by the state’s pollution control standards, Minn. Regs. APC 1-15.
(H) Noise. All noise shall be in compliance with and regulated by the state’s pollution control standards, Minn. Regs. APC 1-15. In instances where it is determined that a proposed land use may generate a level of noise or vibration that will impact on surrounding land uses, the Planning and Zoning Commission and the Council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening, landscaping, site planning techniques and restrictions on operating hours.
(I) Drainage. On request, a drainage plan for the proposed development shall be submitted to the City Engineer for review and approval.
(J) Required license obtained. Proof of the issuance of all necessary governmental permits and licenses must be filed with the city.
(K) Outside sales or storage. In the case of outside storage or sales, the area must be grassed or surfaced to control dust.
(L) Signs.
(1) Residential - R-1, R-2, R-3, R-4 and R-5.
(a) Type: identification signs only;
(b) Number: one per dwelling;
(c) Size: one and one-half square feet for residential identification;
(d) Height: six feet above curb level;
(e) Projection into set-back area: any sign over one and one-half square feet shall be set back at least five feet from any property line;
(f) Illumination: lighting for illuminated signs must be indirect or diffused, but not flashing; and
(g) LED signs, LCD signs and/or similar technologies are not allowed in residential district.
(2) Business Districts - B-1, B-2, I-1, I-2 and MO.
(a) Type: identification, business and outdoor advertising;
(b) Number: business sign - one per principal entrance plus one for whole shopping center or highway business;
(c) Size: 64 square feet;
(d) Height: signs shall not be higher from roof than seven feet to top of sign, and the highest point of any pedestal sign measured from the adjacent ground to the top of the sign shall not exceed 25 feet;
(e) Projection: to be within three feet of street right-of-way;
(f) Illumination: signs permitted; illuminated and non-flashing; and
(g) Electronic signs are allowed with the following standards:
1. No scrolling messages allowed in the B-2 District adjacent to the Highway 53 right-of-way;
2. Only lettering portion of sign shall be animated;
3. Any image or message or portion thereof displayed on the sign shall have a minimum duration of 15 seconds and shall be static display. Transition time must be no longer than two seconds; no black space is allowed in between message changes;
4. Electronic signs such as gas prices, time and temperature will not be restricted in time change, but must follow all signage regulations set forth in this chapter;
5. Any electronic signs will require the approval of the City Engineering Department;
6. No electronic “billboards” will be allowed in any district;
7. The maximum brightness of electronic signs shall not exceed 5,000 nits (candelas per square meter) during daylight hours, or of 500 nits (candelas per square meter) between dusk to dawn. The sign must have an automatic dimmer control which produces a distinct illumination change from a higher allowed illumination level to a lower allowed level for the time period between one-half hour before sunset and one-half hour after sunrise;
8. All approved electronic signs shall be made available for usage for Amber Alerts and other emergency community notifications as deemed necessary by the Police Chief;
9. All graphics and lettering must meet public decency standards;
10. No electronic signs within 200 feet of any railroad crossing;
11. Government entities are exempt from ordinance;
12. No portable electronic signs;
13. Sign cannot project from building face more than 18 inches;
14. Electronic signs shall contain a default design that will freeze the design in one position if a malfunction occurs; and
15. Audio speakers or any form of pyrotechnics are prohibited.
(3) Performance standards - all districts.
(a) Any sign installed within 125 feet of a traffic signal shall be non-flashing and may not be of red, green or amber illumination. No sign may be erected that by reason of position, shape or color would interfere with the proper functioning of a traffic sign or signal.
(b) Except for a temporary sign, all signs painted on buildings and fences shall be refurbished.
(c) “For Rent” and “For Sale” signs may be placed in any front yard, in any district; provided, the signs do not exceed ten square feet in residential districts and 32 square feet in other districts.
(d) Signs advertising new home developments may be constructed in any district; providing, the sign is not over 300 square feet, is at least 200 feet from any occupied home and is removed within two years.
(e) Existing signs that do not comply with these performance standards shall be considered as non-conforming uses. All signs in the city shall be conforming when refurbished.
(f) No sign shall overhang the public right-of-way, except traffic control signs.
(g) The source of light for any illuminated sign shall not be directed into any street or property used or zoned for residential purposes.
(h) There shall be no use of revolving beacons, zip flashers or similar device that would so distract automobile traffic as to constitute a safety hazard.
(i) To provide reasonable flexibility in these regulations, the Building Inspector may, subject to the approval of the Commission, approve an application for a sign that exceeds the number, size or height, or signs permitted by these regulations where the exception would not be inconsistent with the intent of regulations.
(j) Any and all portable signs that may be permitted under the general sign provisions of this chapter shall have a maximum size of four feet by eight feet and must conform in use and location with any and all other provisions of this chapter. A portable sign may be permitted and utilized by any eligible premises and/or occupant for a period not to exceed three weeks total in any six-month period. Upon the user’s commencement of the utilization of the portable sign, the user shall notify the city’s Engineering Department of how long the portable sign is to be utilized and when it will be removed. Except for these provisions, no portable signing may be utilized within any district within the city.
(Amended 4-19-2008)
(M) Marquees. Marquees shall be permitted according to construction standards set by the City Engineer.
(N) Off-street parking and loading.
(1) Off-street parking space requirements. Off-street parking space shall be provided in connection with the erection or increase by units or dimension of any building or structure in the following amounts:
(a) One-family and two-family dwellings: one and one-half parking space per family dwelling unit;
(b) Multi-family dwellings: one and one-half parking space per family dwelling unit;
(c) Hotels: one parking space for each three guests or sleeping rooms and suites, plus two additional spaces for each five employees, plus additional space as shall be deemed necessary by the Council because of any supplementary parking-generating activities of some hotels such as bars, ballrooms, night club facilities and the like;
(d) Tourist homes, cabins or motels: one parking space for each guest or sleeping room or suite, plus one additional space for the owner or manager if resident on the premises;
(e) Lodging, rooming and boarding houses: one parking space for each five guests, plus one additional space for the owner or manager if resident on the premises;
(f) Private clubs or lodges: parking spaces equal in number to not less than 30% of the active membership thereof, plus one additional space for each two employees;
(g) Fraternities, sororities and dormitories: one parking space for each five active members (attending school), plus one additional space for the housemother or manager, plus one additional space for each two employees;
(h) Hospitals, sanatoriums or convalescent homes: one parking space for each four patient beds (excluding bassinets), plus one additional space for each staff or visiting doctor, plus one additional space for each two employees including nurses. Loading and unloading space for hospital ambulances and similar vehicles are not included in the spaces required herein;
(i) Medical or dental clinics: three parking spaces per doctor engaged therein, plus one additional space for each two employees;
(j) Mortuaries or funeral parlors: one parking space for each official vehicle, plus one space for each family resident on the premises, plus additional spaces equal in number to at least 30% of the number of employees (other than resident on the premises), plus such additional space for business visitors as shall be considered necessary by the Council;
(k) Welfare institutions (homes for the aged, orphanages and the like): one parking space for each ten staff or visiting doctors, plus additional spaces equal in number to at least 50% of the number of employees, plus each additional space for business and social visitors as shall be deemed necessary by the Council;
(l) Community centers, libraries, museums, post offices, civic clubs and similar uses: parking spaces equal in number to at least 30% of the number of employees, plus such additional space for members and business or social visitors as shall be deemed necessary by the Council;
(m) Dance halls: three additional spaces for each 36 square feet of dance floor area, plus additional spaces equal in number to at least 30% of the number of employees;
(n) Bowling alleys: two parking spaces for each alley, plus additional spaces equal in number to at least 50% of the number of employees;
(o) Parks, playgrounds, swimming pools and similar uses: parking spaces equal in number to at least 50% of the number of employees, plus such additional space for social and business visitors as shall be deemed necessary by the Council;
(p) Theaters: one parking space for each four seats, plus additional spaces equal in number to at least 50% of the number of employees;
(q) Auditoriums, gymnasiums, stadiums, sports arenas or similar uses: one parking space for each six seats, plus additional spaces equal in number to at least 50% of the number of employees. Where individual seats are not provided, each 20 inches of benches or other similar seating shall be considered as one seat for the purposes of determining requirements hereunder;
(r) Churches: one parking space for each six seats. Where individual seats are not provided, each 20 inches of benches or other similar seating shall be considered as one seat for the purposes of determining requirements hereunder;
(s) Schools: one parking space for each two employees including teachers and administrators, plus sufficient off-street space for the safe and convenient loading and unloading of students, plus such additional facilities for student parking as the Council shall deem necessary;
(t) Office, professional or public buildings: one parking space for each separate office or suite of offices of a given tenancy, plus one additional space for each four employees including all occupants, and such additional space as the Council shall deem necessary;
(u) Railroad passenger stations, bus depots or other passenger terminal facilities: such parking space as the Council shall deem to be adequate for employees, for loading and unloading of passengers, and for spectators, visitors and others;
(v) Restaurants, night clubs, tearooms, lunch counters or the like: one parking space for each four employees, plus such additional space for patron parking as the Council shall deem necessary;
(w) Roadside stands, filling stations, repair shops or other roadside sendee establishments: one parking space for each two employees, and such additional space for customer-motorists as the Council shall deem necessary in order to provide a maximum of safety and a minimum of congestion on the adjacent roadways;
(x) General business, commercial and personal service establishments: the parking facilities as the Council shall deem necessary on the basis of the number of employees and the number of business patrons. Shopping centers shall have five square feet parking space for each one square foot of total floor area;
(y) Industrial or manufacturing establishments: one parking space for each three employees (based upon the maximum number employed at any one time), plus additional space as shall be required for all vehicles used directly or indirectly in the conduct of the enterprise; and
(z) For any and all uses or structures not specifically provided for in the foregoing enumeration: such parking space as the Council shall determine to be necessary considering all parking generating factors involved.
(2) Change in requirements. Whenever after the effective date of this chapter, there is a change in the number of employees or business visitors, or in the lawful use of the premises or in any other unit of measurement specified in division (N)(1) above and, whenever the change creates a need for an increase or decrease of more than 15% of the number of off-street parking spaces as determined by the requirements of this division (N), more or less parking spaces shall be provided within a reasonable time on the basis of the adjusted needs, as determined by this division (N)(2). In case of unusual hardship arising out of the requirements of this division (N), recourse may be had to the Council.
(3) Mixed uses. In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this division (N). Parking facilities for one use shall not be considered as providing the required parking facilities for any other use.
(4) Location of facilities. Special purpose off-street parking facilities, to the extent required in this division (N), may be provided either on the same lot or premises with the parking generator or on any lot or premises a substantial portion of which, at least, is within 800 feet of the parking generator.
(5) Design standards.
(a) All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering areas. No driveway or curb cuts in any district shall exceed 28 feet throat width and detailed plans shall be submitted to the proper officials for approval of all curb cuts or driveway openings before a permit may be obtained therefor.
(b) Parking areas shall be paved with an asphaltic or concrete surfacing, afford adequate drainage and shall have bumper guards where needed.
(c) Parking areas shall be used for vehicle parking only with no sales, dead storage, repair work, dismantling or servicing of any kind.
(d) If lighting is provided, it shall be arranged to reflect away from any residential area and away from any public street or highway.
(6) Off-street loading. On the same premises with every building devoted to retail trade, retail and wholesale food markets, warehouses, supply houses, wholesale or manufacturing trade, hotels, hospitals, laundries, dry cleaning establishments or other buildings where large amounts of goods are received or shipped, erected in any district after the effective date of this chapter, there shall be provided loading and unloading space to be determined by the Council.
(7) Parking lots in residential districts. When, in its opinion, the best interests of the community will be served thereby, the Council may permit, temporarily or permanently, the use of land in a residence district, other than a one-family district, for a parking lot where the land abuts or is across the street from a district other than a residence district; provided that:
(a) The lot is to be used only for parking of passenger automobiles of employees, customers or guests of the person or firm controlling and operating the lots, who shall be responsible for its maintenance;
(b) No charge is to be made for parking on the lot;
(c) The lot is not to be used for sales, repair work or servicing of any kind;
(d) Entrance to and exit from the lot are to be located so as to do the least harm to the residential district;
(e) No advertising sign or material is to be located on the lot;
(f) All parking is to be kept back of the setback building line by barrier unless otherwise specifically authorized by the Council;
(g) The parking lot and that portion of the driveway back of the setback line is to be adequately screened from the street and from adjoining property in a residence district by a hedge or sightly fence or wall not less than six feet high and not more than eight feet high located back of the setback line. All lighting is to be arranged so that there will be no glare therefrom annoying to the occupants of adjoining property in a residence district and surfacing of the parking lot is to be smoothly graded, hard-surfaced and adequately drained; and
(h) Such other conditions as may be deemed necessary by the Council to protect the character of the residential district.
(Ord. 130, effective 3-1-1988)