Chapter 5
SPECIAL PROVISIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30970
10-5-1: SIGNS:
10-5-2: OFF STREET PARKING:
10-5-3: LOADING SPACES:
10-5-4: LIGHTING STANDARDS:
10-5-5: DRIVE-THROUGH BUSINESSES:
10-5-6: MANUFACTURED HOMES AND RECREATIONAL CAMPING VEHICLES:
10-5-7: MINING AND RELATED ACTIVITIES:
10-5-8: MOTOR FUEL STATIONS:
10-5-9: ACCESSORY STRUCTURES:
10-5-10: ANIMALS:

10-5-1: SIGNS:linklink


A. Findings, Purpose And Effect:

1. Findings: The city council hereby finds as follows:

a. Exterior signs have a substantial impact on the character and quality of the environment.

b. Signs provide an important medium through which individuals may convey a variety of messages.

c. Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare.

d. The city's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the city has had a positive impact on traffic safety and the appearance of the community.

2. Purpose And Intent: It is not the purpose or intent of this section to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to:

a. Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare.

b. Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community.

c. Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics.

d. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city.

3. Effect: A sign may be erected, mounted, displayed or maintained in the city if it is in conformance with the provisions of these regulations. The effect of this section as more specifically set forth herein, is to:

a. Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this section.

b. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this section.

c. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare.

d. Provide for the enforcement of the provisions of this section.


B. Severability: If any section, subsection, sentence, clause, or phrase of this section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have adopted this section in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.


C. Substitution Clause: The owner of any sign which is otherwise allowed by this section may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary.


D. All Districts: Signs are a permitted accessory use in all use districts subject to the following regulations:

1. Private Signs Prohibited: Private signs are prohibited within the public right of way, public easements or on public property. With a written limited use agreement with the city, signs may be allowed in the right of way if the city, in its sole discretion, determines that the sign does not disturb necessary sightlines, prevent right of way maintenance and other uses necessary to a public right of way. This provision would include election and realtor signs. Garage sale signs, family event signs, open house signs and auction signs are permitted in the public right of way as long as they comply with subsection D15 of this section. Nameplates on or near a residential mailbox shall be permitted as long as the nameplate does not exceed five feet (5') in height.

2. Illuminated Signs: Illuminated signs may be permitted, but devices giving off an intermittent, flashing, scrolling or rotating beam of rays of light shall be prohibited. No portion of the lighting surface shall be visible from adjacent properties or roadways.

3. Visibility: Vision clearance areas are triangle shaped areas located at the intersection of any combination of rights of way, alleys or driveways. The sides of the triangle extend thirty feet (30') from the intersection of the public rights of way in either/each direction. Signs must meet all district setbacks and no sign may be installed within this vision clearance area.

4. Dynamic Signs: Dynamic displays on signs are allowed subject to the following conditions:

a. Only one dynamic sign shall be allowed per lot.

b. Dynamic displays are allowed only on monument and freestanding signs for conditionally permitted uses in residential districts and for all uses in other districts. Dynamic displays may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face.

c. A dynamic display may not change or move more often than once every three (3) seconds, except one for which changes are necessary to correct hour and minute, date, or temperature information. Time, date, or temperature information is considered one dynamic display and may not be included as a component of any other dynamic display. A display of time, date, or temperature must remain for at least three (3) seconds before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three (3) seconds.

d. The images and messages displayed and transitioned must be instantaneous or fading. The use of animation and scrolling is permitted provided that change in message or display does not exceed the rate prescribed in this section. Modes of display which cause the message to flash or blink are prohibited.

e. Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section.

f. Dynamic displays must comply with the brightness standards contained in this section.

g. Dynamic displays existing on May 20, 2013, must comply with the operational standards listed above. An existing dynamic display that cannot meet the operational requirements may continue as a nonconforming structure.

5. Brightness Standards:

a. Standards: All signs must meet the following brightness standards in addition to those in section 10-5-4 of this chapter:

(1) No sign may be brighter than is necessary for clear and adequate visibility.

(2) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle.

(3) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.

(4) If there is a violation of the brightness standards, the adjustment must be made within one day of notice of noncompliance by the city.

b. Maximum Illumination Levels:

(1) Signs using an LED (light emitting diode) light source shall not exceed a luminance level of five hundred (500) candela per square meter (nits) between sunset and sunrise, and shall not exceed a luminance level of five thousand (5,000) candela per square meter between sunrise and sunset.

(2) Signs using fluorescent, neon, or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area.

(3) All signs with illumination shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions (e.g., dusk) to ensure that the sign's intensity does not exceed 0.3 foot-candle above ambient light levels as measured from one hundred feet (100') from the sign's face.

c. LED Accents: LED accent lighting used as part of a sign element must comply with these brightness standards.

6. Changeable Messages: A message that is not permanently attached to the sign face but that is not a dynamic display may occupy no more than thirty five percent (35%) of the actual copy and graphic area. The remainder of the sign must not have the capability to change messages even if not used.

7. Selling, Renting Or Leasing: Any private sign that is selling, renting or leasing a single parcel of real estate is a permitted use as long as it meets the following conditions: In nonresidential districts a total of thirty two (32) square feet of sign may be placed within the front yard. In residential districts a total of sixteen (16) square feet of sign may be placed within the front yard. Such signs shall not be less than ten feet (10') from the right of way or property line.

8. Interference With Traffic Signal: No sign, temporary or permanent, by reason of position, shape or color shall interfere in any way with the proper functioning or purpose of a traffic signal.

9. Painted On Wall: Signs shall not be painted directly on the outside wall of a building.

10. Painted On Structures; Paper Signs: Signs shall not be painted on fences, rocks, or similar structures or features nor shall paper or similar signs be attached directly to a building wall or utility pole by an adhesive or similar means.

11. Sale Or Lease: Any sign for the purpose of selling or leasing a residential project, commercial area or an industrial area which consists of more than one parcel of real estate, one sign not to exceed thirty two (32) square feet in nonresidential districts and sixteen (16) square feet in residential districts shall be allowed.

12. Construction Signs: One temporary sign not exceeding a total surface area of ninety six (96) square feet, not exceeding sixteen feet (16') in height, and not less than two feet (2') above grade. Such signs shall be set back at least ten feet (10') from lot lines. Such signs shall be allowed for three (3) years from the date of original building permit issuance, or until construction in the development is completed, whichever occurs first. (Ord. 2013-7, 5-21-2013)

13. Temporary Signs:

a. Size; Quantity: There shall be no more than one temporary sign on any lot, and such sign shall not exceed thirty two (32) square feet in size for commercial districts and sixteen (16) square feet for residential districts.

b. Duration: Temporary signs shall require a permit that can only be renewed three (3) times annually for a total of ninety (90) days. The duration of a temporary sign permit shall not exceed thirty (30) days except as described in this section. The zoning administrator may document the duration of any temporary sign and require its removal if it is displayed for more than its permitted duration unless it meets all standards for permanent signs. For the purposes of this subsection D13, the zoning administrator can ignore intermittent removal of said temporary signs if the clear intent of the owner is to display this sign for more than the permitted duration.

c. Multi-Tenant Buildings: For multi-tenant buildings with five (5) or more lease spaces, each tenant may be allowed one such sign for up to thirty (30) days per calendar year. Any such temporary signage shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the property owner shall be equally responsible for the proper location, maintenance, and removal of the sign.

d. Temporary Signs: Although this subsection D13 allows only one temporary sign on any lot, one may apply for one additional temporary sign not exceeding thirty two (32) square feet which promotes a local fundraiser or activity benefiting any nonprofit group. To qualify for the application, the sign must not be displayed until sixty (60) days prior to the first day of the event; the event must last no longer than one week and the applicant must promise to remove said sign within one week of the last day of said fundraiser. In addition, the applicant must provide written evidence that it has been acknowledged by the Minnesota secretary of state as a valid nonprofit entity. If said conditions are met, a sign permit will be granted as long as the proposed sign's placement or design does not significantly affect traffic flow or safety as determined by the zoning administrator.

e. Temporary Signs Or Temporary Banners For New And Opening Establishments: An establishment that is opening to the public for the first time or which is reopening after having been closed to the public for fifteen (15) consecutive calendar days or more and which has received all required permits and approvals, may display temporary signs or temporary banners in accordance with the following requirements:

(1) One temporary sign or banner shall be allowed on each building facade that faces a street, driveway or parking lot and has a customer entrance on that building facade.

(2) Such temporary signs or temporary banners shall be removed no later than thirty (30) days after placement or upon installation of permanent signage, whichever occurs first. (Ord. 2014-19, 6-17-2014)

14. Election Signs: Election signs are permitted as provided by Minnesota statutes section 211B.045. For election signs not specifically addressed in the statute, such signs must be removed within ten (10) days following the election related to the sign. All private signs are prohibited from placement in the public right of way or on public property.

15. Event Signs: Garage sale signs, family event signs, open house signs and auction signs are permitted provided such signs are placed no more than one day prior to and one day after said event. Such signs must conform to other ordinance standards.


E. Signs Permitted In RS, R-1, R-2, R-3 And PB Districts:

1. Two (2) nameplate signs for each dwelling, each not to exceed two (2) square feet in area per surface, and no sign shall be so constructed as to have more than two (2) surfaces.

2. One nameplate sign for each dwelling group of six (6) or more units. Such sign not to exceed twelve (12) square feet in area per surface and no sign shall be so constructed as to have more than two (2) surfaces.

3. See subsection 3-9-3B of this code for regulation of signs of home occupations.

4. Symbols, statues, flags, sculptures and integrated architectural features on buildings may be illuminated by floodlight provided that the bulb or light source is shielded so that the bulb or light source is not visible from a public right of way or adjacent property.

5. One freestanding sign not to exceed thirty two (32) square feet may be allowed for apartments in R-2 and R-3 districts and uses in the PB district. Any sign greater than six (6) square feet shall be set back at least ten feet (10') from any property line. No sign located in residential zones shall exceed seven feet (7') in height above the average grade level. Signs may be illuminated by such lighting but shall be diffused or indirect and not illuminated beyond any lot line and the source of the light shall be concealed unless an approval for special lighting is approved by the city council. (Ord. 2013-7, 5-21-2013)


F. Signs Permitted In OS, I, CI, C1 And C2 Districts:

1. Size: One freestanding pylon, multi-tenant pylon, or monument sign is allowed per property, unless a conditional use permit is approved to allow multiple entrance signage pursuant to subsection G2 of this section. The aggregate square footage of the freestanding business signage and directional signage per lot shall not exceed the sum of one square foot for each front foot of lot to a maximum of two hundred (200) square feet except for multi-business signs approved pursuant to subsection G1 of this section. Any lot upon which three (3) or more businesses are located may add an additional 0.25 square feet of sign space for every linear foot along a side lot line to a maximum of two hundred fifty (250) square feet of sign space to accommodate lots that extend a farther distance from the front lot line. Front footage is measured as a linear distance across the front lot line only, not a cumulative road frontage wherein a roadway is adjacent to two (2) or more property lines.

2. Setback: Freestanding signs shall be set back at least ten feet (10') from any property line.

3. Height: No freestanding sign shall extend more than six feet (6') in height above the average height found by adding the wall height to the gabled peak height and dividing by two (2) of any principal building, not to exceed a maximum of forty feet (40').

4. Additional Signage Space: In commercial districts, up to ten percent (10%) of any face of the building and any face of the canopy may be dedicated to signage in addition to the aggregate maximum for cumulative signage referenced in subsection F1 of this section. This may include wall signs, window signs, awning signs and raised lettering.

5. Canopy Signs: Overhead canopies may have one sign on each face that occupies no more than ten percent (10%) of the face. Backlit canopies shall comply with the brightness and illumination standards set forth in this section as well as with those in section 10-5-4 of this chapter. (Ord. 2016-021, 5-17-2016)


G. Signs Requiring Conditional Use Permits:

1. Multi-Business Signs:

a. Multi-business sign, hereinafter referred to as MBS, shall only be permitted in OS, C1, C2 and I zoning districts and on property that is guided commercial or industrial in the comprehensive plan.

b. The intent and purpose of multi-business signs are:

(1) To promote commercial depth rather than first tier strip development along highway corridors.

(2) To allow area identification and commercial identification of business sites in a manner that coordinates traffic safely and effectively.

(3) To minimize individual freestanding signage by allowing clustering of two (2) or more area identification and/or freestanding signs on a single MBS in exchange for separate freestanding signs on each business site.

(4) To cluster MBS signage at major intersections.

(5) To require high architectural standards for MBS and to achieve an "up north" look which would incorporate natural wood, stone, brick or manufactured like products in the freestanding structure.

(6) To require base landscaping and maintenance.

(7) To allow area identification and commercial business identification on approved MBS for developments and/or businesses located within a one-half (1/2) mile radius of the MBS location, and for only those developments and/or businesses within the city limits in accordance with an approved MBS plan.

(8) To promote MBS sign usage for sufficient sized areas to achieve the other purposes listed above.

c. No MBS may be erected or maintained until a plan (the "MBS plan" or "plan"), signed by the owner(s) of all properties on which any area or business is located whose identification sign is proposed to be included on any MBS covered by the plan, is filed with, and approved by the city. The MBS plan shall also specify standards for each MBS included in the plan, including color scheme, lettering or graphic style, lighting, materials, sign proportions and landscaping around the base of each MBS. The plan may contain other restrictions as the owners of the affected properties may reasonably determine, shall be signed by each of the owners and shall otherwise be in such form as required by the city. An MBS plan may be amended by filing a new plan with the city that otherwise conforms with all of the requirements of this code in effect at that time. No amendment shall be required for changing the identity of any area or business whose identification sign is attached to an MBS so long as all areas or businesses whose identification signs are attached to the MBS are located on one of the properties covered by the plan under which the MBS has been approved and the affected MBS otherwise conforms to the MBS plan after the replacement sign is attached.

d. The applicant(s) shall submit diagrams, drawings, pictures and other information as requested by city staff describing each MBS proposed, the location of each MBS and the identity of each property proposed to be included in the MBS plan including the name of the property owner, and the size and location of each property included in the plan.

e. After the city's approval of an MBS plan, no freestanding signs other than those included in the approved plan shall be kept erected, placed or maintained on the properties covered by the plan. Any existing freestanding signs other than the MBS must be removed. The MBS plan may be enforced in the same way as any other provision of this code. In case of any conflict between the provisions of any approved MBS plan and this code, the approved MBS plan shall control.

f. The sign must be located on a platted parcel and at least one business from the parcel where the MBS located must have space on the sign.

g. The permissible height of MBS shall be no greater than forty feet (40') with a minimum clear zone below the sign of ten feet (10') unless approved as a monument type sign. Total permissible sign face area on MBS shall be no greater than four hundred (400) square feet per face.

h. Setback standards shall be as required for similar freestanding sign in the zoning district where the MBS is located.

i. Each MBS plan shall consist of at least five (5) acres, not including public rights of way, and at least one of the businesses displayed on the MBS must be located on same parcel as the MBS. In addition thereto, each business displayed on the MBS must be within one-half (1/2) mile of the MBS and be within the city limits of Baxter.

j. MBSs may only be located near major intersections of trunk Highways 371 and 210 as identified on the official city "major intersections" map. If all standards are met, there could be up to four (4) MBSs per major intersection, one upon each parcel adjacent to the major intersection. The planning and zoning commission will determine if the proposed site is in a major intersection during the conditional use permit process. Notwithstanding the foregoing, however, no MBS may be erected unless and until the applicant obtains any required permit from the Minnesota department of transportation nor shall any MBS be erected which otherwise violates any state law, rule or regulation.

k. Notwithstanding any other provision of this code, no business located on property which is covered by any approved MBS plan shall be permitted to keep erect, place or maintain any freestanding sign on such property except as referenced in the approved plan. Such business may, however, erect, place and maintain any other signs (such as building, monument, directional signs, etc.) otherwise permitted by this code.

l. No signage shall be allowed on any MBS other than area identification and commercial business identification signs for developments and/or businesses located within the city on property covered by the MBS plan under which such MBS is approved. No sign advertising any product (rather than identifying an area or business) shall be allowed on any MBS. (Ord. 2013-22, 11-19-2013)

2. Multiple Entrances Signage: In OS, I, C1 and C2 zoning districts, or for churches and/or public facilities in any zoning district, the owner may choose to divide the allowable sign footage into more than one sign at multiple entrances or multiple street frontages. Multiple entrance including more than one pylon, multi-tenant pylon or monument sign may only be approved with a conditional use permit when the signs are located along separate street frontages and provided that the signs are at least two hundred feet (200') apart. The aggregate sign square footage shall not exceed the maximums as set forth at subsection F of this section for the OS, I, C1 and C2 zone districts and church/public facilities signs shall not exceed fifty (50) square feet. (Ord. 2014-19, 6-17-2014)


H. Billboards: Billboards are expressly prohibited in all zoning districts in the city. Billboards are a principal use of property. All such signs must be removed as a condition of subdivision, platting, site plan, or PUD approval for new uses or structures on the parcel where the outdoor advertising sign is located. No such sign that is nonconforming by reason of height, area, or location shall be altered or expanded to allow an electronic graphic display, changeable copy sign, or electronic changeable copy sign.


I. Nonconforming Signs: For the purposes of this section, a "nonconforming use" shall be defined as any permanent sign that was constructed prior to the effective date hereof. The content or display of such permanent nonconforming signs may be modified after the adoption of this section as long as the modification does not intensify any nonconformity based on the standards set forth above. Temporary signs shall need to comply with new standards.


J. Administration And Enforcement:

1. Permit Required: No sign shall be erected, altered, improved, reconstructed, or moved in the city without first securing a permit from the city, except for those signs which are specifically exempted by these regulations.

a. An application for a permit shall be submitted to the zoning administrator in accordance with the permit procedures of this code and the requirements of this section. The application shall include the information required by the form provided by the city and shall be accompanied by appropriate documents and plan or plans drawn to scale which legibly and accurately reflect the following:

(1) The location of proposed and existing signs in relation to lot lines and existing and proposed building based upon a certified survey or site plan approved by the city which accurately reflects current conditions on the property.

(2) The design, full dimensions, and specifications including the method of construction, and attachment to a building or placement in the ground.

(3) Stress calculations, where applicable, indicating that the structure's design for dead load and wind pressure in any direction in the amount required by this code and regulations.

(4) The addition, deletion, alteration, replacement or improvement of any electrical component.

(5) Such other information as the zoning administrator or building official shall require to show full compliance with this section and other applicable laws or codes of the city. The zoning administrator may waive requirements for technical information specified above where such information is not necessary to the determination of compliance.

b. The appropriate permit fee as set forth in this code shall be required prior to issuance of the permit.

c. The zoning administrator shall notify the applicant, in writing, of an incomplete application within fifteen (15) days of the date of submission.

d. The zoning administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this section within sixty (60) days of submission of a complete application.

e. The zoning administrator shall, upon approval, issue a written permit authorizing the proposed sign and related work; the permit shall, where applicable, specify the duration of the sign; and the permit shall indicate any special conditions or requirements related to the construction of the sign.

f. Expiration and renewal of permits shall be in accordance with the provisions of the Minnesota state building code for building permits.

2. Exemption From Permits: Any alteration, modification or construction that is limited to the replacement of a sign panel, replacing individual letters and logos in the same area or repainting a sign face, and does not involve changes to the structure, erection or relocation of the sign or changes to the electrical system is exempt from permit requirements.

3. Repairs: Any sign located in the city which may now be or hereafter become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions of this section, shall be removed or otherwise properly secured in accordance with the terms of this section by the owners thereof or by the owners of the grounds on which said sign shall stand, upon receipt of proper notice so to do, given by the issuing authority. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this section and upon a permit issued by the issuing authority.


K. Removal: In the event of the failure of the owner or person, company or corporation having control of any sign, or the owner of the ground on which the sign is located, to remove or repair said sign within sixty (60) days after the use is terminated, a notice shall be given to the landowner and the sign may be removed by the city at the expense of the owner or manager of the sign, or the owner of the ground upon which the sign stands.


L. Violations: Violation of this section is a misdemeanor. Each day that the violation continues is a separate offense. (Ord. 2013-7, 5-21-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30970#s984502
10-5-2: OFF STREET PARKING:linklink


A. General Provisions:

1. Fractions: If, in the application of these provisions, a fractional number is obtained, one parking space shall be provided for that fraction. Each space required constitutes a gross area of three hundred (300) square feet.

2. Existing Spaces: Existing off street parking spaces upon the effective date hereof shall not be decreased in number unless said number exceeds the requirements set forth herein for a similar new use.

3. Residential Structures: Under no circumstances shall parking facilities accessory to residential structures be used for the storage or overnight parking of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants or customers of nearby business or manufacturing establishments.

4. Storage: Required off street parking space shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for sale, or for rent. Snow storage on required off street parking spaces is prohibited.


B. Location Requirements: All off street parking facilities required herein shall be located in respect of the following:

1. Spaces accessory to one-family, two-family and multiple dwellings shall be located on the same lot as the principal use served.

2. Spaces accessory to businesses and industries shall be located on the same lot as the principal use served, except as allowed by conditional use permit.

3. No off street open parking area containing more than four (4) parking spaces shall be located closer than twenty feet (20') from an adjacent lot zoned or used for residential purposes.

4. Parking stalls, driveways and drive aisles for all uses other than single- and two-family residential uses shall be a minimum of ten feet (10') from all property lines. Driveways that provide street access to parking spaces may cross through the front yard setback area.

5. Driveways and open parking spaces accessory to single- and two-family residential structures shall be a minimum of five feet (5') from all property lines. Garages must comply with the accessory structure setbacks for the zoning district. Driveways that provide street access to garages and parking spaces may cross through the front yard setback area.

a. In the case of lots with multiple street frontages, multiple curb cuts shall only be allowed by conditional use permit. Such requests shall be evaluated to ensure that the curb cut spacing requirements are met, that safe access is provided and adequate visibility is provided and that all general conditional use permit standards in chapter 7 of this title are met.


C. Design Requirements:

1. Parking Stall Dimensions: Each parking stall shall be no less than ten feet (10') wide and twenty feet (20') in length, exclusive of access drives or aisles.

a. In instances where parking faces a curb and is not back to back with other parking, then parking stalls may be ten feet (10') wide and eighteen feet (18') in length to allow a two foot (2') bumper overhang, provided that the two foot (2') overhang is clear of other structures and landscaping and does not impact accessible routes. All outside parking spaces shall be clearly marked.

2. Marked Parking Spaces: Parking garages for multi-family developments and parking ramps for commercial or industrial developments must have parking spaces clearly marked.

3. Compact Car Parking Dimensions: Up to fifteen percent (15%) of the required parking spaces may be reduced to nine feet (9') wide and eighteen feet (18') in length. Those spaces must be annotated as such on the site plan, and the physical spaces clearly marked.

4. Aisle Width: Aisle width for two-way traffic shall be a minimum of twenty four feet (24'). For one-way traffic aisle width shall be a minimum of sixteen feet (16').

5. Curb Cuts: Parking areas shall be designed so as to provide adequate means of access to public streets. Curb cuts for uses other than single-family dwellings shall not exceed thirty feet (30') in width, unless otherwise authorized by the city engineer. Curb cuts for single-family dwellings shall be a minimum of twelve feet (12') wide and a maximum of twenty four feet (24') wide.

6. Surface: Parking areas, drive aisles and driveways shall be surfaced with a hard surface material approved by the city which controls dust and drainage. Class V and other similar aggregates are not classified as an acceptable material. Plans for surfacing and drainage shall be subject to approval by the city engineer. This includes any expansion, surfacing, or resurfacing of existing lots. The city may make exceptions to surface material type in lot areas where there is heavy equipment and frequent tractor trailer traffic. For single-family residential driveways only the forty feet (40') from the right of way need be surfaced with acceptable materials.

7. Lighting: All lighting used to illuminate an off street parking area shall be so arranged as to reflect the light away from adjoining property and rights of way and must comply with the standards set forth in section 10-5-4 of this chapter.

8. Curb; Guard: All open off street parking areas except for single-family residential uses shall provide a curb or a guard of normal bumper height to ensure that no portion of a vehicle encroaches into the required setback.

9. Access Off Driveways: All off street parking spaces shall have access off driveways and not directly off the public street.

10. Signs: Signs located in any parking area necessary for orderly operation of traffic movement shall be in addition to accessory signs.

11. Exceeding Required Spaces: For commercial, office service, and industrial properties with required parking of two hundred (200) or more stalls, parking that exceeds the amount of required spaces by more than ten percent (10%), shall be required to use pervious pavement for the additional spaces beyond the ten percent (10%) and associated drive aisles.

a. The landowner shall provide the city with proof and records of a maintenance agreement for those areas.

12. Interior Parking Lot Landscaping: Except for perimeter rows of parking located along property lines and except for parking lots located in industrial park tier two, as established by ordinance, a landscaped island with a minimum of one overstory deciduous tree, that meets minimum size criteria must be installed so that there is not a continuous row of over ten (10) parking spaces. The landscaped island shall be designed to accept stormwater runoff from the parking lot unless waived by the city after determining adequate stormwater mitigation exists. These trees are in addition to the landscaping requirements found in section 10-4-8 of this title.

a. In recognition of the fact that properties which have already been developed with permanent improvements as of the effective date hereof have generally less flexibility in meeting these requirements, the city may reduce or modify these requirements by waiver in the following circumstances:

(1) Where addition of the required parking lot islands would result in less than the minimum number of required parking stalls, the city council may waive the required addition of some or all of the parking lot islands. The reduction in the number of parking stalls shall be the minimum reduction necessary to provide the parking stalls required by ordinance.

(2) Where a building addition is less than five percent (5%) of the total existing building area or the changes to the vehicular use area are less than five percent (5%) of the total vehicular use area, staff may waive the parking island requirement.

(3) The zoning administrator shall have discretion to approve island spacing of more than ten (10) but no more than fifteen (15) spaces between islands in circumstances where the flexibility results in a more effective configuration for internal access, snowplowing and maintenance.

(4) All other modifications shall require approval of a variance.

13. Pedestrian Walkway: Parking lots over one hundred (100) spaces will be required to provide at least one landscaped pedestrian walkway. The walkway shall be designed to prevent the bumper of vehicles damaging landscaping or encroaching into the walkway area. The location of the walkway must be designed to safely and conveniently move pedestrian traffic to the principal entrance of the building(s) and be acceptable to the city.


D. Access Standards:

1. Traffic Control: Traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards, or excessive traffic. The zoning administrator may require a traffic study to be prepared to analyze impacts from any project and require improvements to address any documented issues.

2. Curb Cut Proximity To Intersection: No curb cut or other driveway access shall be located less than thirty feet (30') from the intersection of two (2) or more street rights of way. This distance shall be measured from the intersection of lot lines, not curb lines. This distance shall be increased to one hundred feet (100') on collector and arterial streets and at signalized intersections to satisfy recognized traffic safety standards.

3. Curb Cut Separation: Driveway access curb cut openings on a public street shall be a minimum of twenty five feet (25') from each other, except as may be approved by the zoning administrator.

4. Driveway Angle: The driveway angle to the street shall be ninety degrees (90°) unless otherwise recommended by the city engineer and approved by the city council. (Ord. 2014-19, 6-17-2014)


E. Minimum Required Spaces:

Auto sales building, repair shops   1 space for each 300 square feet of gross floor area; service stalls/bays inside a building may be counted toward this  
Bowling alley   5 spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant  
Churches, theaters, auditoriums, athletic field, mortuaries, and other places of gathering   1 space for each 4 seats based on maximum design capacity  
Community center, post office, YMCA, studios, pool halls, libraries, clubs, lodges, and museums   10 spaces plus 1 for each 350 square feet of floor area in excess of 2,000 square feet in the principal building  
Day nurseries, commercial daycare   4 spaces plus 1 for each 500 square feet in excess of 1,000 square feet of floor area in the principal building  
Drive-through food establishment   1 space per 15 square feet of gross area excluding kitchen and dining area, or based on total seat calculations like restaurants, or a minimum of 8 spaces where there is no interior ordering area, whichever is greater  
Hospital, sanatorium, convalescent home, rest home, nursing home, or institution   1.9 spaces per bed plus 1 space per 300 square feet of gross floor area for any outpatient medical facilities  
Hotel, motel   1.40 spaces per unit  
Housing with services establishments, as defined by Minnesota statutes chapter 144   0.75 parking space per unit  
Manufacturing, fabrication, or processing of a product or material, assembly   1 space for each 400 square feet of floor area; this may be reduced if facility uses automation to 1 space for each 800 square feet of gross floor area  
Medical and dental clinic   1 space for each 300 square feet of gross floor area  
Multispecialty outpatient clinic   1 space for each 200 square feet of gross floor area  
Office building   1 space for each 300 square feet of gross floor area  
Open sales lot   3 spaces for each 5,000 square feet of the open sales lot area  
Public auction house, golf driving range, miniature golf, and similar uses   15 spaces plus 1 for each square foot of floor area over 2,000 square feet  
Residential, single-family dwelling   2 spaces per dwelling unit. For single-family dwellings, both spaces shall be provided by a garage a minimum of 20 feet wide x 22 feet long  
Residential, two-family dwellings or townhomes   2 spaces per dwelling unit. At least 1/2 space per unit must be provided by a garage a minimum of 12 feet wide x 22 feet long per dwelling unit  
Residential, multiple-family dwellings   2 spaces per dwelling unit. At least 1/2 space per unit shall be a garage or underground space. Any garage space provided must be a minimum of 12 feet wide x 22 feet long or 16 feet wide x 22 feet long for handicap. If the space is underground it must be a minimum of 10 feet wide x 20 feet long or 16 feet wide x 20 feet long for handicap  
Residential, senior living   0.75 space per dwelling unit. At least 1/2 of the required spaces for the building shall be a garage or underground space. The city council has the discretion to waive the garage requirement for these buildings or complexes specifically designed for senior living  
Restaurants, cafes, bars, taverns, nightclubs   1 space for each 2.5 seats for restaurant area; 1 space for each 2.0 seats in bar area  
Retail sales and service establishment and convenience stores   1 space for each 250 square feet of gross sales floor area (other uses such as warehouse, office, etc., may be calculated at the ratios set forth in this section)  
Schools, high school and colleges   1 space for each 7 students based on design capacity, plus 2 additional spaces for each classroom  
Skating rinks and dance halls   100 spaces plus 1 for every 200 square feet of floor area in the principal building  
Speculative building (use not known) for industrial   1 space for every 700 square feet of floor area  
Uses not specifically noted   Determined by the zoning administrator on the same basis as required for the most similar listed uses. The zoning administrator shall also consult off street parking reference materials to determine the required spaces  
Warehouse/storage handling of bulk goods, wholesale   1 space for each 2,000 square feet of floor area plus 1 for each company truck; office space shall conform to office use requirement  

(Ord. 2015-02, 1-20-2015)


F. Demonstrated Parking: The city council may approve a "demonstrated parking" plan which allows for a portion of the required parking, but demonstrates that the minimum number of required parking spaces can be accommodated on the property and meet setback requirements. The plan must demonstrate that all other applicable ordinances can be met if the full amount of required parking were to be constructed. The area for future parking must be maintained as green space (grass, natural plant materials, mulch, or other appropriate landscape material). Any changes to use and/or building size could invalidate the approval for "demonstrated parking".

If the city determines that the use of demonstrated parking has become a problem, the owner of the property shall construct the minimum number of demonstrated parking spaces to alleviate the parking problem.


G. Off Site Parking: Off site parking using private property to meet parking requirements of this code may be allowed through a conditional use permit, provided:

1. The off site parking meets all design standards set forth in this code.

2. Reasonable access from the off site parking facility to the use served exists, and the off site parking facility is adjacent, either directly abutting or across the street from the use served.

3. A legal instrument setting forth ownership, maintenance, etc., duly approved as to form by the city attorney is executed and recorded by the party(ies) concerned, and an attested copy filed with the city.

4. A landscaped hedge is installed around the perimeter of the parking lot, and maintained to screen the vehicles in the parking lot.

5. Must be paved and meet the on site stormwater retention requirements.


H. Joint Driveway And Joint Parking Aisles: Joint driveways and joint parking aisles may be allowed to be shared by multiple properties in commercial, office, and industrial districts and the ten foot (10') setback required under subsection B4 of this section may be reduced from each property line to zero, through a conditional use permit (CUP), provided:

1. There is a reduction in the overall amount of allowed driveways for the properties served and the installation of a joint driveway and/or parking aisle will increase in traffic safety.

2. An access master plan for the areas to be served is provided to the city for review as part of the CUP application.

3. A legal instrument setting forth ownership, maintenance, etc., duly approved as to form by the city attorney is executed and recorded by the party(ies) concerned, and an attested copy filed with the city.

4. The driveway or parking aisle meets all design standards set forth in this code or other design requirements as determined by the city engineer.

5. The design or resulting development shall not cause any conflict with safe and orderly traffic flow.

6. There is no more than one joint driveway or joint parking aisle serving any two (2) lots unless approved under a planned unit development or they are found to be existing as determined by the city.

7. For a joint parking aisle, there is no other practical space for the parking aisle as determined by the city and the city determines the joint parking aisle is appropriate and was not proposed just to avoid compliance with the ten foot (10') parking setback from the property line.

8. Any plantings required under section 10-4-8 of this title for that part of the joint parking aisle be installed and maintained elsewhere on the lots involved and additional shade trees with a minimum dbh of 2.5 inches be planted to compensate for the loss of green space at a ratio of one tree per fifty feet (50') of linear distance of the joint aisle. Furthermore, the ten foot (10') green space area lost as a result of the joint driveway shall be replaced elsewhere on the property as interior parking lot islands with shade tree plantings and/or additional setback on the perimeter.

Joint driveways in existence prior to the adoption hereof are classified as preexisting and will not be required to obtain a conditional use permit, provided evidence of a previously recorded agreement detailing the joint driveway is submitted to the city and determined adequate by the city attorney. (Ord. 2014-19, 6-17-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30970#s984503
10-5-3: LOADING SPACES:linklink


A. Design Requirements:

1. If, in the application, a fractional number is obtained, one loading space shall be provided for that fraction.

2. All required loading berths shall be off street and shall be located on the same lot as the building or use to be served. A loading berth shall not be located less than one hundred feet (100') from the intersection of two (2) street rights of way in a residential district. Loading berths shall not occupy the required front yard space.

3. Unless otherwise specified, a required loading berth shall be not less than fifteen feet (15') in width, fifty feet (50') in length and fourteen feet (14') in height, exclusive of aisle and maneuvering space.

4. All loading berths and accessways shall be improved with a durable material to control the dust and drainage.

5. Any space allocated as a loading berth or maneuvering area shall not be used for the storage of goods, inoperable vehicles or be included as a part of the space requirements necessary to meet the off street parking area.


B. Required Loading Spaces: The city zoning administrator, in his or her sole discretion, shall determine the number of loading spaces, if any, required for each business or structure. The following criteria shall be used to make this determination:

1. The size of both the building and parking areas.

2. The volume of materials delivered to the building.

3. The requirement that no delivery trucks shall need to back into or park in a public street or near a pedestrian walkway or entrance.

4. The traffic flow both on site and in respect to adjacent public streets. (Ord. 2014-19, 6-17-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30970#s984504
10-5-4: LIGHTING STANDARDS:linklink

Except for single- and two-family homes located within the residential zoning districts, all exterior lighting shall comply with the following standards:


A. Glare: Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates.


B. Flashing, Revolving Lights: No light which is flashing, revolving or otherwise resembles a traffic control signal shall be allowed in any area where it could create a hazard for passing vehicular traffic.


C. Maximum Intensity Of Lighting And Glare:

1. Any light or combination of lights shall not exceed one foot-candle (meter reading) as measured from the property line or the centerline of a public street.

2. Any lighting shall be arranged so as not to produce glare beyond the property line. Lenses, deflectors, shields, louvers, or prismatic control devices shall be used to eliminate glare.

3. Fixture type: Cutoff shield that conceals the light source with nonsag, nonyellowing lens. (Ord. 2014-19, 6-17-2014)


D. General Performance Standards:

1. Light fixtures and freestanding luminaires shall have a cutoff angle of less than or equal to ninety degrees (90°).

2. The height of a freestanding luminaire shall not exceed thirty feet (30').

3. Freestanding luminaires used for outdoor athletic fields and recreation areas that exceed the height limitation may be approved by conditional use permit.

4. All canopy lighting for motor fuel stations shall be recessed into the canopy.

5. Accent lighting used to highlight building facades, foliage, or selected architectural features shall be permitted provided the light source is shielded and directed at the architectural feature. Accent lighting shall comply with the following standards:

a. Be stationary, single color, nonchanging lights with all sources of light concealed.

b. Permanent exposed continuous strip accent lighting profiling building or rooflines shall count toward the ten percent (10%) wall and canopy signage and shall comply with brightness and illumination standards set forth in this section.

6. Lighting for patios and decks attached to residential units are exempted from the cutoff and shielding requirements provided the light is intended and installed to light the patio or deck area only.

7. Any lighting in existence before the effective date hereof that does not comply with the requirements shall be considered legally nonconforming. However, if a property owner proposes to replace fifty percent (50%) or more of the existing exterior light fixtures or standards in any one year period, the fixtures or standards must be replaced in conformance with this section.


E. Lights Mounted On Poles: Lights mounted on poles shall comply with the following standards:

1. Walkway lighting height maximum: Fifteen feet (15') above base.

2. Parking lot lighting height maximum: Twenty seven feet (27') above base.

3. Roadway lighting height maximum: Forty feet (40') above base.

4. Light pole base height maximum: Three feet (3') above finish grade. (Ord. 2016-021, 5-17-2016)


F. Modifications: The zoning administrator may administratively approve modifications to the above lighting standards if it is demonstrated that the modified standards are LEED compatible. (Ord. 2014-19, 6-17-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30970#s984505
10-5-5: DRIVE-THROUGH BUSINESSES:linklink


A. Where allowed, drive-through businesses shall comply with the following:

1. Location: The business shall be located on a site with direct access to a minor arterial street, collector or service road.

2. Drive-Through Lanes: Drive-through or drive-in lanes are not allowed between the building and a lot line that faces a public street. This does not pertain to driveways.

3. Separation From Residential Property: Drive-through facilities, including, but not limited to, the service windows and stacking spaces, shall be separated from residentially zoned or guided property by an arterial or collector street or shall be set back at least two hundred feet (200') from residentially zoned or guided property.

4. Order System Noise: The public address or order system shall not be audible from any adjacent residentially zoned or guided property.

5. Stacking Distance And Spaces: Adequate stacking distance shall be provided, which does not interfere with other driving areas, parking spaces, or sidewalks. Stacking spaces shall not interfere with parking spaces or traffic circulation. The following minimum standards are required:

a. Pharmacies: Pharmacies with one drive-through lane shall provide stacking space for at least five (5) vehicles, and pharmacies with two (2) or more drive-through lanes shall provide stacking space for at least three (3) vehicles per lane, as measured from and including the last pick up station, window, or the like.

b. Banks Containing Less Than Six Thousand Square Feet: Banks containing less than six thousand (6,000) square feet of gross floor area with one drive-through lane shall provide stacking space for at least six (6) vehicles, and banks containing less than six thousand (6,000) square feet of gross floor area with two (2) or more drive-through lanes shall provide stacking space for at least three (3) vehicles per lane, as measured from and including the last pick up station, window, or the like.

c. All Other Uses: Businesses with one drive-through lane shall provide stacking space for at least ten (10) vehicles, and businesses with two (2) or more drive-through lanes shall provide stacking space for at least six (6) vehicles per lane, as measured from and including the last pick up station, window, or the like.

6. Existing Level Of Service On Streets: The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections. The city may require a traffic study to be prepared.

7. Screening: Screening shall be provided of automobile headlights in the drive-through lane to adjacent properties. Such screening shall be at least three feet (3') in height and fully opaque, consisting of a wall, fence, dense vegetation, berm, or grade change.

8. Bypass Lane Required: A bypass lane shall be provided for each drive-through use, allowing cars to leave the drive-through lane from the stacking area. (Ord. 2016-021, 5-17-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30970#s984506
10-5-6: MANUFACTURED HOMES AND RECREATIONAL CAMPING VEHICLES:linklink


A. Compliance Required:

1. Prohibition: The installation, occupying or habitation of manufactured homes or recreational camping vehicles within the city is prohibited except as hereinafter provided and then only if in compliance with zoning and building ordinances now in force and as shall be enacted or amended hereafter.

2. Permit: No permit may be issued as provided under this chapter until proof of state code compliance is provided to the city building official.

3. Parked Or Installed: No manufactured home may be parked or installed within the city of Baxter without providing proof of compliance with Minnesota statutes chapter 327 to the city building official.


B. Temporary Occupancy:

1. Residence: Except as provided by this section, recreational camping vehicles shall not serve as a dwelling unit. Using a recreational camping vehicle as a place for guests to stay for a period of less than one week shall not constitute a dwelling unit.

2. Permit Required: Temporary occupancy of a manufactured home or recreational camping vehicle may be issued by the city building official if the use is simply during construction of a permanent home. Such permit shall be issued at the same time as the issuance of the building permit.

3. Term: Such temporary occupancy permit shall be for ninety (90) days and shall be for installation on the same or an adjacent lot to the location of the permanent home construction.

4. Renewal: The permit for temporary occupancy may be renewed for another sixty (60) days upon approval by the city building official and an additional sixty (60) days thereafter only by city council.


C. Manufactured Home Parks:

1. Conditional Use Permit: Manufactured home parks are allowed by conditional use permit in the R-2 and R-3 zoning districts.

2. General Provisions For All Manufactured Home Parks:

a. Area: All land area shall be:

(1) Adequately drained.

(2) Landscaped to control dust.

(3) Clean and free from refuse, garbage, rubbish or debris.

b. Outdoor Camping: There shall not be outdoor camping anywhere in a manufactured home park.

c. Recreation: All manufactured home parks shall have at least ten percent (10%) of the land area developed for recreational use (tennis courts, children's play equipment, swimming pool, golf green, etc.). The recreational use shall be developed and maintained at the owner/operator's expense.

d. Landscaping: All manufactured home parks shall be landscaped as required by section 10-4-8 of this title.

e. Community Building: A manufactured home park shall have an adequate central community building. Such building must be provided with restroom facilities, have adequate heating in all areas, and be maintained in a safe, clean and sanitary condition.

f. Emergency Storm Protections: Manufactured home parks established prior to July 1, 1993, shall comply with emergency storm protections as required by Minnesota statutes. A new manufactured home park established after July 1, 1997, shall have storm shelters in compliance with Minnesota statutes. Additionally, all emergency storm protection measures shall be subject to the approval of the city.

g. Parking:

(1) Each manufactured home site shall have off street parking space for two (2) passenger vehicles.

(2) All parking spaces shall be hard surfaced according to specifications established by the city.

h. Internal Roads And Streets:

(1) All streets shall be private streets and shall be developed with a roadbed of not less than twenty eight feet (28') in width and shall meet city design specifications.

(2) The park shall have a street lighting plan approved by the city.

3. Building Standards:

a. Lot Setbacks:

(1) Individual Manufactured Home Lot Setbacks: In manufactured home parks created after July 1, 1997, no manufactured home shall be located closer than ten feet (10') to a side or rear lot line. The front yard setback shall be at least thirty feet (30') from the street surface. On corner lots, the side yard setback shall be at least twenty feet (20') from the street surface. No manufactured home shall be located closer than thirty feet (30') from the periphery lot line of the manufactured home park.

(2) Permitted Encroachments:

(A) Attached steps, uncovered stoops, and landings may encroach up to five feet (5') into a side yard setback, provided that they do not exceed twenty (20) square feet in area or extend closer than ten feet (10') to a structure on an adjacent lot.

(B) An eave or overhang may encroach up to one foot (1') into a front, side and rear setback.

b. Skirting Required: Manufactured homes must be skirted in such manner as to correspond to the manufactured home within thirty (30) days of occupancy.

c. Attached Structures: Any attached structures must be built in compliance with the building code and painted or finished to correspond to the manufactured homes within thirty (30) days of construction beginning. Such attached structures must be specified at the time of issuance of the building permit for manufactured home installation, or if not specified, an additional building permit must be secured prior to building of such appurtenant structure.

d. Foundation: The manufactured home shall be affixed to a closed foundation consisting of concrete blocks, concrete or similar materials and the area between the home and the ground shall be skirted with rock, brick or concrete. All running gear and towing apparatus shall be removed. Necessary ventilation and access is allowed.

e. Accessory Buildings: Accessory buildings (including garages) shall be limited to one per manufactured home lot. Maximum allowable floor area shall not exceed six percent (6%) of the lot size in manufactured home parks where lot size is delineated by site plan or lot markers.


D. Sanitation:

1. Permanent Occupancy: In all cases where manufactured homes are to be used as a dwelling unit the property owner shall install sanitary facilities approved by the city building official. No privies will be allowed.

2. Temporary Occupancy; Transient Parking: In all cases involving temporary occupancy or transient parking of manufactured homes or recreational camping vehicles, the property owner must provide sanitary facilities approved by the city building official. (Ord. 2014-19, 6-17-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30970#s984507
10-5-7: MINING AND RELATED ACTIVITIES:linklink


A. Land Reclamation: Land reclamation shall be permitted only upon issuance of a conditional use permit. Such permit shall include as a condition thereof, a finished grade plan which will not adversely affect the adjacent land, and as conditions thereof shall regulate the type of fill permitted, program for rodent control, plan for fire control and general maintenance of the site, controls of vehicular ingress and egress, and/or control of material disbursed by wind or hauling of material to or from the site.


B. Mining: In all districts, mining shall be permitted only upon issuance of a conditional use permit. Such permit shall include as a condition thereof, a site plan where the processing is to be done, showing the route of trucks moving to and from the site in removing processed material from the site, the condition in which the site shall be left upon completion, and such permit shall not be granted for a period of longer than twelve (12) months. (Ord. 2014-19, 6-17-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30970#s984508
10-5-8: MOTOR FUEL STATIONS:linklink


A. General Provisions:

1. For architectural purposes, each side of a motor fuel station shall be considered as a front face.

2. The storage of items for sale outside the principal building shall be displayed in specially designed containers.

3. All trash, waste materials, and obsolete parts shall be stored within a separate enclosure that is screened from public view.

4. All goods for sale, other than those required for the operation and maintenance of motor vehicles, shall be displayed within the principal structure.

5. No sales of motor vehicles, trailers, or campers shall be permitted.

6. Open dead storage of motor vehicles, trailers, or campers shall not be permitted. (Ord. 2014-19, 6-17-2014)


B. Site Requirements:

1. Fence Required: Wherever a motor fuel station abuts a residential property, a six foot (6') high wood screening fence with landscaping approved by the city shall be erected and maintained along the side and rear property line that abuts the residential property. Application of this provision shall not require a fence within fifteen feet (15') of any street right of way line or any other line of sight provision.

2. Landscaped Yard: A minimum fifteen foot (15') landscaped yard shall be planted and maintained behind all property lines except at driveway entrances.

3. Surface: The entire motor fuel station, other than that part devoted to landscaping and structures shall be surfaced with concrete or bituminous surfacing to control dust and provide adequate drainage.

4. Driveways: Driveways shall not exceed forty feet (40') in width. The number of access points to any street shall be kept to a minimum and subject to approval by the city engineer.

5. Curb: A six inch (6") B6-12 poured concrete curb or equivalent shall separate all walks and landscape areas from parking and maneuvering areas.

6. Overhead Canopy Height: The total height of any overhead canopy or weather protection shall not exceed twenty feet (20').

7. Overhead Canopy Lighting: Lighting underneath the canopy is allowed, provided each light fixture is recessed and pointed downward so as to minimize the source of the light.

8. Overhead Canopy Setbacks: The setback of any overhead canopy or weather protection, freestanding or projecting from the station structure shall be not less than ten feet (10') from the street right of way nor less than twenty feet (20') from an adjacent property line. (Ord. 2016-021, 5-17-2016)


C. Signs:

1. Freestanding Signs: Motor fuel stations and truck stops shall have no more than one freestanding sign. Said freestanding sign shall not exceed thirty feet (30') in height and may be erected within any yard except that no part of said sign shall be less than six feet (6') from a property line measured as a horizontal distance. Said sign shall have no more than three (3) faces and shall not exceed more than one hundred fifty (150) square feet per face. No part of said sign surface shall be less than sixteen feet (16') vertical distance from the grade of the nearest driveway or parking area. The pedestal or support posts shall not be less than ten feet (10') from a driveway at its nearest point.

2. One Sign Per Face: The overhead canopy may have one sign on each face that occupies no more than ten percent (10%) of the face. (Ord. 2014-19, 6-17-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30970#s984509
10-5-9: ACCESSORY STRUCTURES:linklink


A. Requirements:

1. The location and construction of accessory structures shall be governed by this section but accessory structures in commercial, industrial, office service districts, or built in conjunction with multiple-family dwellings in R-2 and R-3 districts and planned unit developments are also subject to the architectural regulations set forth in section 10-4-10 of this title.

2. Any accessory building shall be considered part of the principal building for setback purposes only if it is located less than six feet (6') from the principal building.

3. No accessory structure shall be constructed prior to the commencement of construction of the principal building, except as allowed by interim use permit.

4. All accessory buildings exceeding two hundred (200) square feet shall require a building permit and shall meet all city codes for construction and installation as set forth in title 9 of this code.

5. All accessory buildings two hundred (200) square feet or less shall require a shed permit and shall meet all city requirements as set forth in this title.

6. Recreation equipment such as play apparatus, swing sets and slides, sandboxes, tree houses, above or in ground swimming pools, hot tubs, playhouses, etc., shall comply with the minimum accessory structure setbacks.

7. These requirements are applicable in all zoning districts. (Ord. 2016-021, 5-17-2016)


B. Location:

1. No accessory structure or building shall be located within ten feet (10') of the side or rear lot line.

2. No detached accessory structure shall be located forward of the principal structure except as allowed in subsections B3, B4 and B8 of this section.

3. In the case of the shore land overlay district, the planning and zoning administrator shall determine the orientation of the principal structure as to determine where detached accessory structures may be placed. Criteria for this determination are: the distance from the principal structure to the road right of way and ordinary high water mark, pattern of development of adjacent properties, screening and other relevant site information.

4. Attached garages and detached accessory structures may be located forward of the principal structure as long as they meet the other setback requirements of the district.

5. Accessory structures one hundred twenty (120) square feet or less shall not be located less than ten feet (10') from the side or rear lot line, nor in the front lot area between the principal structure and road right of way. This would include examples such as tree houses, yard equipment buildings, and wood burning stoves. Exceptions to this standard would be freestanding decks and gazebos that are one hundred twenty (120) square feet or less.

6. Wherever more restrictive standards are found in this title regarding accessory structures or uses, the more restrictive standard shall apply.

7. No accessory structure shall be permitted on the secondary septic drainfield site or in a location that will negatively impact the septic system as a whole as determined by the building official.

8. Accessory structures located on through lots may be located between the rear of the principal building and the public right of way.


C. Size:

1. Structure Height: No accessory structure, whether attached or detached, shall exceed the height of the principal structure. However, in no case shall an accessory structure exceed twenty five feet (25') in height in an R-1 or R-2 district.

2. Total Ground Coverage: Total ground coverage of all attached and unattached accessory buildings shall not exceed one thousand eight hundred (1,800) square feet.

a. Single Accessory Building Coverage: No single accessory structure shall cover more than one thousand eight (1,008) square feet. If the lot is thirty thousand (30,000) square feet or more, then up to one thousand one hundred fifty two (1,152) square feet is allowed. Any detached accessory building within six feet (6') of another detached accessory building shall be considered one single accessory building and the total area of those buildings shall not exceed this maximum.

b. Attached Accessory Building Coverage: Attached accessory buildings can be equal to or less than the ground coverage of the principal building, but not to exceed one thousand eight hundred (1,800) square feet total ground coverage. Said accessory building must be physically attached to the principal structure in compliance with the international building code regulations to be considered attached.

3. Larger Accessory Structures In R-2 And R-3 Districts: For apartment buildings in R-2 and R-3 districts, an accessory structure may deviate from the design standard set forth in subsection D of this section and this subsection provided:

a. The accessory building complies with the design standards set forth in section 10-4-10 of this title with the articulation wall/roof length reduced to fifty feet (50') and increment length reduced to forty feet (40') for walls along or adjacent to a public or private right of way.

b. The accessory structure meets all principal structure setbacks.

c. The accessory structure is at least one hundred feet (100') from any R-1 district property.

d. The accessory structure does not exceed the ground coverage of the principal structure, be greater than twenty five feet (25') in height or be greater than ten thousand (10,000) square feet unless approved by conditional use permit.


D. Design:

1. More Than One Hundred Twenty Square Feet: All accessory buildings covering greater than one hundred twenty (120) square feet shall be compatible in design, color, materials and construction type of the principal structure, except that buildings in the RS and F districts that are not viewable from adjacent properties and public streets in leaf-off conditions shall be exempt from these requirements.

2. One Hundred Twenty Square Feet Or Less: All accessory buildings covering one hundred twenty (120) square feet or less need only be compatible in color.

3. Doors: Overhead doors in residential districts (including the F, RS, R-1, R-2, R-3 districts and any planned unit development with a residential component) shall not exceed nine feet (9') in height.

4. Tarp/Polyvinyl Structures Prohibited: Accessory buildings constructed primarily of canvas, plastic, or other similar nonpermanent building materials shall be prohibited. All accessory buildings must meet Minnesota state building code requirements.


E. Conditional Uses:

1. Large Lots In F, RS, R-1, OS, C1, C2 And I Districts: For sites greater than 2.5 acres located in F, RS, R-1, OS, C1, C2 and I zoning districts, the size and design standards set forth in subsections C and D of this section may deviate from the design standard set forth in subsections C and D of this section by conditional use permit provided the following criteria are met:

a. The accessory building shall be a minimum of fifty feet (50') from both side and rear lot lines.

b. The accessory building is located rearward of the front line of the principal structure.

c. The accessory building meets all of conditional use permit standards in this chapter and chapter 7 of this title.


F. Fallout And Blast Shelters: Fallout and blast shelters are a permitted accessory use or structure. Shelters may be contained in other structures or may be constructed separately but shall not be used for purposes prohibited expressly or by implication in the district. (Ord. 2014-22, 10-21-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30970#s984510
10-5-10: ANIMALS:linklink


A. Keeping Of Animals: The following animals may be kept in the city:

1. Domestic animals are allowed in all zoning districts, as regulated by chapter 3 of this title.

2. In all residential zoning districts except the F and RS districts, the raising or keeping of animals of any type for slaughter is prohibited.

3. Except as provided in the F and RS districts, farm animals (including miniatures) are prohibited in the city. Any pen, pasture, paddock or building designed to confine a farm animal shall be located a minimum of three hundred feet (300') from any property line.

4. Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located.

5. Animals may not be kept if they cause a nuisance as defined by this code or endanger the health or safety of the community and must comply with subsection 5-4-2J of this code.

6. Except as may be allowable by interim use permit in the F and RS districts and in compliance with title 5, chapter 3 of this code commercial kennels are prohibited in the city.

7. Any dog keeping must comply with title 5, chapter 3 of this code.

8. Except as may be allowable by interim use permit in the F and RS districts commercial stables are prohibited in the city.

9. Except as may be allowable by interim use permit in the F, RS and R-1 districts private stables are prohibited in the city.

10. The keeping of wild animals shall be prohibited.


B. Nonconforming Uses: Any farm animals, kennels and commercial stables on lots zoned R-1 that existed prior to December 17, 2013, may be continued as a legally nonconforming use, subject to the nonconforming use requirements of this zoning ordinance. In addition, any change to such use (including expansion of the number of animals or pen, pasture, paddock or building related to the animal use) shall require compliance with all current standards and shall be processed according to this zoning ordinance. (Ord. 2014-19, 6-17-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30970#s984511