City of Kellogg, MN General Regulations and Performance Standards

Shall be allowed for no more than 30 days for the purpose of loading or unloading truck sales, or similar short term uses with no more than four thirty-day periods within a one-year time frame;

Location of the container shall be placed in the rear yard or on paved or graveled driveway if in the front or side yard of a property; and

Exception to these requirements:

Where they are explicitly allowed uses; and

For temporary parking during the loading or unloading of merchandise, subject to Subsection C(1) above.

§ 220-51 Apartments, townhouses and other multifamily structures.

Standards for multifamily buildings. All requests for building or conditional use permits shall be accompanied by a series of site plans and data showing the following:

Building locations, dimensions, elevations, all signs, structures, entry areas, storage sites and other structural improvements to the site.

Circulation plans for both pedestrian and vehicular traffic.

Fences and screening devices.

Solid waste disposal provisions and facilities.

Storm drainage plans.

Fire-fighting and other public safety facilities and provisions such as hydrant locations and fire lanes.

Data pertaining to number of dwelling units, size, lot area, ratio, etc.

Exterior wall materials and design information.

A minimum of a two-foot contour topographical map of the existing site.

(10)

A grading plan illustrating the grade changes from the original topographical map. All site areas, when fully developed, shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large-scale erosion, unwanted ponding and surface chemical runoff.

(11)

A recreation plan illustrating, in detail, all recreational facilities and structures.

(12)

A landscape plan. The site, when fully developed, shall be landscaped according to a plan approved by the Planning Commission. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all seeded and sodded areas.

(13)

A soil erosion control plan for the construction period. Areas within the construction zone shall be fenced with construction-limit fencing as per the plan to prohibit heavy machinery and/or materials from being placed on areas not to be disturbed during construction.

Parking requirements.

One and one-half parking spaces per unit shall be provided on the same site as the dwelling unit. Each space shall not be less than nine feet wide and 20 feet in length, and each space shall be served adequately with access drives.

Parking spaces shall not be located within 10 feet of the side or rear lot line.

Parking areas with dust-free surface shall be required.

Landscape provisions. The design shall make use of all land contained in the site. All of the site shall be related to the circulation, recreation, screening, building, storage, landscaping, etc., so that no portion of the site remains undeveloped.

Screening.

Screening to a height of at least six feet shall be required where:

[Amended 1-12-2004]

Any off-street parking area contains more than six parking spaces and is within 30 feet of an adjoining residential zone.

Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential zone.

All exterior storage shall be screened. The exterior storage screening required shall consist of a solid fence or wall not less than six feet high, but shall not extend within 15 feet of any street driveway or lot line.

[Amended 1-12-2004]

Sidewalks shall be provided from parking areas, loading zones and recreation areas to the entrances of the building.

Outdoor swimming pools or other intensive recreation shall observe setbacks required for the principal structure.

Exterior appearance. All buildings within an apartment development shall be so planned and constructed so that they present a finished appearance which is consistent with that of the principal building.

General building or structural requirements.

Requirements for exterior wall surfacing and covering.

All multiple-family dwelling buildings shall be designed and constructed to have the equivalent of a front appearance on each exterior surface.

All accessory or ancillary buildings, including garages, shall be designed and constructed with the same facing materials as the principal building. Such material shall be used in the same or better proportions as used on said principal building.

Any detracting aspects (i.e., parking or exterior storage) of a multiple-family dwelling development shall be integrated into the site design so as to minimize the impact on adjacent residential areas. Mitigation of these aspects shall include landscaping and fencing treatments.

The design shall make use of all land contained in the site. All of the site shall be related to the multiple-family use, either parking, circulation, recreation, landscaping, screening, building, storage, etc., so that no portion remains undeveloped.

§ 220-52 Accessory building and structures.

In residential districts:

No accessory buildings on an internal lot may be located within five feet of the side or rear lot lines.

Accessory buildings shall be setback a minimum of 10 feet from the principal structure, must be located at or behind the principal building setback line and must meet all side and rear yard setback requirements.

Accessory buildings shall not occupy more than 25% of the rear yard.

It is required that all accessory structures be secured to any foundation.

[Added 1-12-2004]

In commercial and industrial districts, accessory buildings may be located any place on the lot, subject to the Building Code and fire zone regulations, except where prohibited by other sections of this chapter.

In all districts, accessory buildings shall not be constructed prior to or in lieu of the principal building.

§ 220-53 Home occupations.

Home occupations shall be allowed in all residential districts subject to the following standards:

Not more than 25% of the gross floor area of the structure, including accessory buildings, shall be used for this purpose.

Only articles made or originating on the premises shall be sold on the premises, unless such articles are incidental to permitted commercial service.

No articles for sale shall be displayed so as to be visible from any street.

No more than two persons, other than members of the household residing on the premises, are employed.

No mechanical or electrical equipment is used if the operation of such equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered.

No outside storage of material shall be allowed.

Conducting of the home occupation shall result in no change of outside appearance of the building.

Signs not exceeding two square feet shall be allowed on the premises.

The home occupations shall conform to the standards in the State Fire Code.

§ 220-54 Certain spaces used as dwelling units prohibited.

No cellar, garage, tent, trailer, recreational vehicle or accessory building shall be used as a permanent dwelling. The basement portion of a finished home or apartment may be used for normal eating and sleeping purposes, provided that it is properly damp-proofed, has suitable fire protection and exits and is otherwise approved by the State Fire Marshal.

§ 220-55 Relocating structures.

Moving permit required. Every licensed or unlicensed house mover shall, in each and every instance, before raising, holding up or moving any building, obtain a moving permit from the City Council. An application for such permit shall indicate the origin and destination of such building, the route over which it is to be moved and shall state the time in which the moving of such building shall take place. The permit shall also indicate the location of the lot on which the house is to be located, the dimensions of the lot and the proposed location of the structure on the lot along with the setback distances. No permit to move a building shall be issued unless and until the following conditions are fully complied with and approved by the City Council:[1]

The building to be moved must comply, in all respects, with pertinent state rules and local ordinances.

The lot on which the building is to be located must meet all the minimum dimensional requirements of the zoning district in which it is located.

The building must be placed on the lot so as to meet all the front, side and rear yard requirements as set forth in this chapter.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Utility disruption notification requirements.

In every case in which a permit shall be issued as herein provided for the removal required or the displacement of any overhead electrical or other wires, it shall be the duty of the person, association or corporation owning, operating or controlling said wires to remove or displace the same, as is required by the Minnesota State Electrical Board.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The person to whom said permit shall have been issued shall notify the person, association or corporation owning, operating or controlling said wires to remove or displace the same to facilitate the removal of said wires sufficiently to allow the passage of said building along the street over which said wires are suspended.

Any expenses incurred or to be incurred in the moving, removing or displacing of such wires shall be paid for by the person who makes the application for said permit.

Application procedure.

The City Clerk/Treasurer shall submit the application to the Planning Commission for approval and recommendations to the City Council at the next stated meeting of said Commission. The Planning Commission will determine the application on its merits and make its recommendation to the City Council.

The City Council shall take action to approve or disapprove the permit after receiving the recommendations of the Planning Commission.

§ 220-56 Solar energy systems and solar and earth-sheltered structures.

Solar energy systems and solar and earth-sheltered structures shall be a permitted use in all districts, provided that the system is in compliance with minimum lot requirements and setbacks and the system is maintained in good repair as an integral part of the structure.

Solar energy systems and solar and earth-sheltered structures may be exempt from setback, height and lot coverage restrictions in all districts by variance.

In a residential district no owner, occupier or person in control of property shall allow vegetation or structures to be placed or planted so as to cast a shadow on a solar energy system which is greater than the shadow cast by a hypothetical wall 10 feet high located along the boundary line of said property between the hours of 9:30 a.m. and 2:30 p.m., central standard time, on December 21; provided, however, that this standard shall not apply to structures which cast a shadow upon the solar energy system at the time of installation of said solar energy system or to vegetation existing at the time of installation of said solar energy system. Violation of this standard shall constitute a private nuisance and any owner or occupant whose solar energy system is shaded because of such violation, so that performance of the system is impaired, may have in tort for the damages sustained thereby and may have such nuisance abated.

As a means of evidencing existing conditions, the owner of a solar energy system may file notarized photographs of the affected area with the City to document installation of said system.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-57 Wind energy conversion systems (WECS).

Conditional use permit. Each wind energy conversion system shall require a conditional use permit.

Plans. Each application for a conditional use permit shall be accompanied by a dimensional representation of the tower, including the conversion system, base and footings, and an accurate plan containing the following information:

Property lines.

Proposed location of tower on site.

Location of all existing structures on site.

All aboveground utility lines.

All underground utility lines within a radius equal to the proposed height of the WECS.

Boundaries of all adjacent utility easements or reserved areas.

WECS height. The total height of the tower, including any portion of the rotor or axis extending above the tower, shall not exceed the horizontal distance between the base of the tower and the nearest lot line or building line, except that the horizontal distance may extend beyond the nearest lot line or building line, provided that there are no overhead utility lines or easements therefor or if the abutting area is a public alleyway. Furthermore, the City Council may allow the height requirements to be exceeded, provided that they are satisfied that the proposed structure will withstand the wind loads in the area. As evidence of this, the City Council shall require the following information:

Dimensional representation of the various structural components of the tower construction, including the base and footings.

Design data which shall indicate basis of design, including manufacturer's dimensional drawings, installation and operation instructions.

Certification by an independent registered professional engineer or is sufficient to withstand wind load requirements for structures as established by the local building construction codes.

Tower access. Climbing access to the WECS tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower climbing apparatus to no lower than 12 feet from the ground.

Wind access.

Contiguous property owners and planned developments may construct a WECS for their use in common.

If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted for approval.

Noise. A WECS operation shall not produce noise in excess of the limits established by the state standards.

Limited use. Wind energy conversion systems installed in accordance with the requirements of this section shall not generate power as a commercial enterprise as defined by the Public Utilities Commission.

Electromagnetic interference. A WECS shall not be installed in any location along the major axis of an existing microwave communications link where the operation of the WECS is likely to produce an unacceptable level of electromagnetic interference and the possible effect on the microwave communications link of which is a level satisfactory to the Building Official.

[Amended 1-12-2004]

Airspace. A WECS shall be located or installed in compliance with the regulations of the airport approach zones and Federal Aviation Regulations for clearance around VOR and DVOR stations.

Interconnect. A WECS, if connected to an electric utility distribution system, shall meet the interconnect requirements of the electric utility company. In any case, the interconnect shall include a manual disconnect which complies with the National Electric Code.

Codes. Construction, design and installation of a WECS shall comply with all local, state and national electrical codes in effect at the time of installation.

Liability. No building permit shall be issued for the construction of a WECS until and unless the applicant for the building permit deposits with the City Council a policy of liability insurance indemnifying applicant from liability for personal injury or property damage in the sum of at least $1,000,000. The policy of insurance so deposited shall contain a clause obligating the company issuing the same to give at least 30 days' written notice to the City before cancellation thereof, the building permit to be automatically revoked upon the lapse or termination of said policy.

[Amended 1-12-2004]

§ 220-58 Satellite dish antennas.

Satellite dish antennas shall be a permitted accessory use in each district subject to the following standards and requirements:

Dish antennas shall be situated in the rear yard with a minimum setback from any lot line of five feet. Any dish antenna 36 inches or smaller may be placed anywhere on the lot within property line setbacks specified above.

Maximum height of the dish antenna, measured from the ground to the top of the dish antenna and including all structural supports, shall be 15 feet in residential districts and 20 feet in commercial and industrial districts.

Maximum diameter of the dish antenna shall be 12 feet in residential districts and 15 feet in commercial and industrial districts.

The number of antenna dishes permitted per premises shall be unlimited for communications-reliant businesses or industries and shall be one for other uses. Communications-reliant industries include publishing and printing, electronics, mass communications (radio, television, newspaper) and schools.

All satellite dish antennas over 36 inches shall require a building permit and shall be installed in accordance with applicable requirements of the Uniform Building Code and National Electrical Code. All dish antennas shall be anchored in a stationary position within seven days of operation.

Advertising messages shall not be allowed on any dish antenna located in a residential district.

Satellite dish antennas shall be located and designed to reduce the visual impact from adjacent properties at street level from public streets.

§ 220-59 Exterior storage.

In all districts.

All materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following in good order:

Laundry drying.

Recreational equipment.

(c)

Construction and landscaping equipment and materials currently being used on the premises.

(d)

Agricultural equipment and materials if these are used or intended for use on the premises.

(e)

Off-street parking of passenger vehicles or pickup trucks.

(f)

Fire wood piled in a neat and orderly fashion.

(g)

Boats and unoccupied campers less than 25 feet in length.

Existing uses shall comply with this provision within 12 months following enactment of this chapter.

All junkyards and auto storage areas shall be completely screened from all rights-of-way or developed areas with a solid fence eight feet or more in height and landscaped with suitable plantings. All existing junkyards and auto storage areas shall comply with these requirements within one year from the enactment of this chapter or shall terminate their operations. All junkyards in residential districts shall discontinue operations and clear the site for residential uses only within one year of enactment of this chapter and notification.

In all districts, the City may require a conditional use permit for any exterior storage if it is demonstrated that such a storage is a hazard to public health and safety or has a depreciating effect upon nearby property values or impairs scenic views or constitutes a threat to living amenities.

§ 220-60 Bulk storage of hazardous liquids.

All uses associated with the bulk storage of oil, gasoline, liquid fertilizer and chemicals and similar liquids shall require a conditional use permit in order that the City Council may have assurance that fire, explosion and water or soil contamination hazards are not present that would be detrimental to the public health, safety and general welfare. All existing aboveground liquid storage tanks having a capacity in excess of 10,000 gallons shall secure a conditional use permit within 12 months following enactment of this chapter.

The City Council may require the development of diking around said tanks. Diking shall be suitably sealed and shall hold a leakage capacity equal to 115% of the tank's capacity. Any existing storage tank that, in the opinion of the City Council, constitutes a hazard to the public safety shall discontinue operations within one year following enactment of this chapter. All diking and bulk storage must be in compliance with the appropriate MPCA and State Fire Code regulations.

§ 220-61 Refuse. [1]

Refuse regulated. In all districts, all waste material, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes, with the exception of crop residue. The owner of vacant land shall be responsible for keeping such land free from refuse. Existing uses shall comply with this provision within 90 days following enactment of this chapter. All exterior storage material, not included as a permitted use, accessory use or conditional use or otherwise permitted by provisions of this chapter shall be considered as refuse.

Container locations. All refuse containers exceeding one square yard, which are permanently placed on a parcel, shall be located in the side or rear yard. Residential refuse containers shall not be placed out for pickup sooner than 24 hours before collection and shall be removed, for storage, within 24 hours of refuse collection.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Editor's Note: See Ch. 185, Solid Waste.

§ 220-62 Nuisances.

Nuisance characteristics.[1] No noise, odors, vibration, smoke, air pollution, liquid or solid waste, heat, glare, dust or other such adverse influences shall be permitted in any district that will in any way have an objectionable effect upon adjacent or nearby property. All wastes in all districts shall be disposed of in a manner that is not dangerous to public health and safety nor damage public waste transmission or disposal facilities. The following standards apply to nonindustrial districts:

Editor's Note: See Ch. 137, Nuisances.

Noise.[2]

Noise prohibited. It shall be unlawful to make, continue, or cause to be made or continued, any noise in excess of the noise levels set forth, unless noise is reasonably necessary to the preservation of life, health, safety or property.

Measure of noise. Any activity not expressly exempted by this section which creates or produces sound, regardless of frequency, exceeding the ambient noise levels at the property lines of any property by more than six decibels above the ambient noise levels, as designated in the following table, at the time and place and for the duration then mentioned shall be deemed to be a violation of this chapter. But any enumeration herein shall not be deemed to be exclusive.

	I	II	III
Duration of Sound	7:00 a.m. to 6:00 p.m. (all districts) (db)	6:00 p.m. to 7:00 a.m. (all other districts) (db)	10:00 p.m. to 1:00 a.m. (residential districts) (db)
Less than 10 minutes	70	65	55
Between 10 minutes and 2 hours	60	55	45
In excess of 2 hours	50	45	40

In determining whether a particular sound exceeds the maximum permissible sound level in the above table:

Sounds in excess of the residential districts limitations, as measured in a residential district, are violative of this section, whether the sound originates in a residential district or any other district.

During all hours of Sundays and state and federal holidays, the maximum allowable decibel levels for residential districts are as set forth in Column II of the table.

Sounds emanating from the operation of motor vehicles on a public highway, aircraft, outdoor implements, such as power mowers, snow blowers, power hedge clippers and power saws, pile drivers, jackhammers and other construction equipment, emergency equipment or trains, are exempt from this section except during the hours of 10:00 p.m. to 7:00 a.m. Sounds emanating from lawful and proper activities at school grounds, playgrounds, parks or places wherein athletic contests take place are exempt from the provisions of this section.

Editor's Note: See Ch. 133, Noise.

Vibration. The following vibrations are prohibited:

Any vibration discernible, beyond property lines, to the human sense of feeling for three minutes or more duration in one hour.

Any vibration resulting, in any combination of amplitudes and frequencies, beyond the "safe" range of the most current standards of the United States Bureau of Mines on any structure.

Toxic or noxious matter. Any use shall be so operated so as not to discharge, across the boundaries of any lot or through percolation into the atmosphere of the subsoil beyond the boundaries of the lot wherein such use is located, toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business. All MPCA regulations relating to toxic or noxious matter shall be followed.

Air pollution. Any use shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public. For the purpose of this chapter, the regulations adopted by the Minnesota Pollution Control Agency (MPCA) shall be employed.

Miscellaneous nuisances. The following are expressly not allowed for use as storage in a residential district:

[Added 1-13-1993]

Trailers.

Boxcars.

Semitrailers.

Mobile homes.

§ 220-63 Glare.

In all districts, any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged so 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 be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public rights-of-way. Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on a residential property shall not exceed 0.4 candles (meter reading) as measured from said property.

§ 220-64 Landscaping and screening.

Landscaping.

In all districts. Where setbacks exist or are required all developed uses shall provide a landscaped yard, including grass, decorative stones, shrubs and trees, along all streets. This yard shall be kept clear of all structures, storage and off-street parking. Except for driveways, the yard shall extend along the entire frontage of the lot and along both streets in the case of a corner lot.

In all districts. All structures and areas requiring landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

All vacant lots, tracts or parcels shall be properly maintained in accordance with their natural or existing character.

The screening required in this section may consist of a fence, trees, shrubs and berms, but shall not extend within 15 feet of any street or driveway. The screening shall be placed along property lines, or in case of screening along a street, 20 feet from the street right-of-way with landscaping between the screening and the street pavement. Planting, of a type approved by the City Council, may also be required in addition to or in lieu of fencing.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

General fencing regulations.

[Amended 1-13-1993]

No fence shall exceed eight feet in height in the rear and side yards and four feet in height in the front yard nor be less than three feet in height as well. In the case of grade separation, such as the division of properties by a retaining wall, the height shall be determined on the basis of measurement from the average point between highest and lowest grade.

Fences shall be setback one foot from the property line to allow for routine maintenance. If the lot line abuts a street then fences may be allowed on the lot line abutting the street.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-65 Permitted encroachments.

The following shall be considered as permitted encroachments on setbacks and height requirements, except as provided in this chapter, in any yard: posts, off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flagpoles, ornamental features, open fire escapes, sidewalks, and all other similar devices incidental and appurtenant to the principal structure except as hereinafter amended.

Decks are exempt from setback requirements, except that a deck may not be located closer than 20 feet from the rear property line and are under the Planning Commission's discretion.

§ 220-66 Sight distance at intersections with traffic controls.

On any corner lot at a street intersection which has some form of traffic control, stop or yield signs, there shall be no obstruction to traffic visibility within the clear sight triangle which is formed by the intersection of the center line of two intersection streets and a straight line joining the two said center lines at points 55 feet distance from their points of intersection.

§ 220-67 Soil erosion and sedimentation control.

All developments shall conform to the natural limitations presented by the topography and soil in order to create the best potential for preventing soil erosion.

Developments on slopes with a grade between 12% and 18% shall be carefully reviewed to ensure that adequate measures have been taken to prevent erosion, sedimentation and structural damage.

Erosion and siltation control measures shall be coordinated with the different stages of developments. Appropriate control measures shall be installed prior to development when necessary to control erosion.

Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time, and no exposure shall exceed 60 days unless extended by the City Council.

Where the topsoil is removed sufficient airable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development.

The natural drainage system shall be used as far as is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for stormwater shall provide for natural or artificial water level control. Temporary storage areas or retention basins scattered throughout developed areas shall be encouraged to reduce peak flow, erosion damage and construction cost.

Public and private properties adjacent to the development site shall be protected from the effects of sedimentation. Any violation of this provision must be corrected by the owner to the satisfaction of the City within five days of receiving notification of such. If the violation is not remedied within the time period specified, the City may correct the problem and assess the costs incurred to the property owner.

§ 220-68 Preservation of natural drainageways.

Waterways.

Every effort shall be made to retain the natural drainage systems in the City including existing wetlands and ponds. The natural drainage system shall be maintained by the City. Aboveground runoff disposal waterways may be constructed to augment the natural drainage system.

The width of a constructed waterway shall be sufficiently large to adequately channel runoff from a ten-year storm. Adequacy shall be determined by the expected runoff when full development of the drainage area is reached.

No fences, driveways or structures shall be constructed across the waterway that will reduce or restrict the flow of water.

[Amended 1-12-2004]

The banks of the waterway shall be protected with permanent vegetation.

The banks of the waterway should not exceed four feet horizontal to one foot vertical in gradient.

The gradient of the waterway bed should not exceed a grade that will result in a velocity that will cause erosion of the banks of the waterway.

The bend of the waterway should be protected with turf, sod or concrete. If turf or sod will not function properly, riprap may be used. Riprap shall consist of quarried limestone, fieldstone (if random riprap is used) or construction materials of concrete. The riprap shall be no smaller than two inches square nor no larger than two feet square. Construction materials shall be used only in those areas where the waterway is not used as part of a recreation trail system.

If the flow velocity in the waterway is such that erosion of the turf sidewall will occur and said velocity cannot be decreased via velocity control structures, then other materials may replace turf on the side walls. Either gravel or riprap would be allowed to prevent erosion at these points.

§ 220-69 Parking.

Surfacing and drainage. Off-street parking areas, except for single-family residences, shall be paved or surfaced with a dust-free material approved by the City. Such areas shall be so graded and drained as to dispose of all surface water accumulation within the area. Open sales lots for cars, trucks and other equipment shall also be graded, drained and paved, but the interior landscaping is not required. All accessory off-street parking facilities required herein shall be located as follows:

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

Spaces accessory to the multiple-family dwellings shall be on the same lot as the principal use served or within 300 feet of the main entrance to the principal building served.

There shall be no off-street parking space within three feet of any street right-of-way.

General provisions.

Access drives. Access drives may be placed adjacent to property lines.

Size. Each parking space shall not be less than nine feet wide and 20 feet in length.

Control of off-street parking facilities. Where accessory off-street parking facilities are provided elsewhere than on the same lot in which the principal use served is located, they shall be in the same ownership or control, either by deed or long-term lease, as the property occupied by such principal use, and the owner of the principal use shall file a recordable document with the City Council requiring the owner and his/her heirs and assigns to maintain the required number of off-street spaces during the existence of said principal use.

Use of parking area. Required off-street parking space, in any district, shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable or for sale or rent.

Prohibition. Parking shall not be allowed in areas not designated for off-street parking.

Design and maintenance of off-street parking areas.

Design. Parking areas shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access shall not exceed 30 feet in width and shall be so located as to cause the least interference with traffic movement.

Curbing and landscaping. All open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb not less than five feet from the side property line or a guard of normal bumper heights not less than three feet from the side property line.

Parking space of six or more cars. When a required off-street parking space for six or more cars is located adjacent to a residential district, a fence approved by the City Council shall be erected along the residential district property line.

Maintenance of off-street parking space. It shall be the joint and several responsibility of the operator and owner of the principal use, uses and or building to maintain, in a neat and adequate manner, the parking space accessways, landscaping and required fences.

Determination of areas. A parking space shall not be less than 300 square feet, per vehicle, of standing and maneuvering area.

Parking in public streets and residential areas. No person shall encumber or obstruct any street, sidewalk or alley with any kind of vehicle, machinery, box, firewood, lumber, posts, signs, awnings, merchandise or other material or substance whatsoever so as to hinder the free use by the public of said street, sidewalk or alley.

Off-street space required (one space equals 300 square feet).

One- and two-family residences: two spaces per dwelling unit.

Multiple dwellings: 1 1/2 spaces per dwelling unit.

Business and professional offices: one space for each 200 square feet of gross floor space.

Medical and dental clinics: five spaces per doctor or dentist plus one space for each employee.

Hotel or motel: one space per rental unit plus one space per full-time employee.

Schools, elementary: two spaces for each class room.

Drive-in food establishment: one space for each 15 square feet of gross floor space in building allocated to the drive-in operation.

Bowling alley: six spaces for each alley plus additional spaces, as may be required herein, for related uses such as a restaurant.

Automobile service station: at least two off-street parking spaces plus four off-street parking spaces for each service stall.

(10)

Retail store: at least one off-street parking space for each 200 square feet of gross floor space.

(11)

Restaurants, cafes and bars: at least one space for each three seats based on capacity design.

(12)

Theaters, auditoriums, stadiums, arenas, dance halls[1] and other places of assembly: spaces equal to 1/3 of the capacity in persons.

Editor's Note: See Ch. 88, Dance Halls.

(13)

Churches: spaces equal to 1/3 of the capacity in persons of the main sanctuary or auditorium plus provisions for supplementary parking space needs for other portions of the church facilities as determined by final site and building plans when reviewed by the Planning Commission.

(14)

Industrial, warehouse, storage, handling of bulk goods: at least one space for each employee on maximum shift or one space for each 2,000 square feet of gross floor area, whichever is larger.

(15)

Uses not specifically noted: as determined by the City Council following review by the Planning Commission.

Off-street loading and unloading areas.

Location. 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 be located at least 25 feet from the intersection of two street rights-of-way and at least 50 feet from a residential district unless within a building. Loading berths shall not occupy the required front yard space.

Size. Unless otherwise specified in this chapter, a required loading berth shall not be less than 12 feet in width, 50 feet in length and 14 feet in height exclusive of aisles and maneuvering space.

Required loading spaces. Required loading spaces shall be determined by the City Council following review by the Planning Commission.

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

Noise. Where noise from loading or unloading activity is audible in a residential district, the activity shall terminate between the hours of 10:00 p.m. and 7:00 a.m., except for the loading and unloading of grain.

§ 220-70 Access drives and access.

Access drives may be located adjacent to property lines, except that they shall not be placed closer than five feet to any side or rear lot line. The number and types of access drives onto major streets may be controlled and limited by the City Council in the interests of public safety and efficient traffic flow.

Access drives onto county roads shall require a review and approval by the County Engineer. The County Engineer shall determine the appropriate location, size and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow.

Access drives to principal structures which traverse wooded, steep or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The City Council shall review all access drives and driveways for compliance with accepted community access drive standards. All driveways shall have a minimum width of 10 feet with a road strength capable of supporting emergency and fire vehicles.

All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway or an existing private roadway approved by the City Council.

§ 220-71 Vacated streets, alleys, easements or public ways.

When any street, alley, easement or public way is vacated by official action, the zoning district abutting the center line of said vacated area shall not be affected by such proceeding.

§ 220-72 Drive-in business standards.

The following standards shall apply to drive-in businesses in all districts.

Design standards.

The entire area of any drive-in business shall have a drainage system approved by the City Council.

The entire area, other than that occupied by structures or plantings, shall be surfaced with a hard surface material which will control dust and drainage.

A fence or screen of acceptable design not over eight feet in height or less than four feet shall be constructed along the property line abutting a residential district, and said fence or screen shall be adequately maintained. Where a street separates the area from a residential district, the applicability of this provision shall be at the discretion of the Planning Commission and City Council.

General.

Any drive-in business serving food or beverages, including vehicular service stations, may also provide an indoor food and beverage service seating area.

The hours of operation shall be set forth as a condition of any building permit for drive-in business.

Each drive-in serving food may have outside seating.

Each food, beverage or auto service drive-in business shall place receptacles at all exits as well as one refuse receptacle per 10 vehicle parking spaces within the parking area.

Locations.

No drive-in business shall be located within 200 feet of a school or church.

No drive-in shall be located on any street other than a thoroughfare or business service road as designated on the City Map.

Site plan.

The site plan shall clearly indicate suitable storage containers for all waste material. All commercial refuse containers shall be screened.

A landscaping plan shall be included and shall set forth complete specifications for plan and other features.

Adequate area shall be designated for snow storage such that clear visibility shall be maintained from the property to any public street.

The design of any structure shall be compatible with other structures in the surrounding area.

§ 220-73 Signs.

Approval of plans and location. A permit shall be required to erect any sign in the City. No sign shall be erected by any person until the plan for the proposed sign has been received by the Planning Commission and approved by the City Council. Permit fees shall be as determined by the City Council.

Prohibited signs. No sign shall be permitted:

In a location which would interfere with the view of any traveler on any roadway, of approaching vehicles or of traffic control devices or signs for a distance of 500 feet.

On rocks, trees or other perennial plant or on any public utility pole.

Containing a rotating beam or any beam of light resembling an emergency vehicle.

Which simulates any official, directional or warning sign erected and or maintained by the state, county, municipality or other governmental subdivision or which incorporates or makes use of light simulating or resembling traffic signals or control signs.

Which casts a distracting or confusing ray of light onto or visible from a public roadway.

Which interferes with public facilities or the maintenance thereof.

Which obstructs any window, door, fire escape, stairway or opening essential to the provision of light, air, ingress or egress from any building.

Which contains more than two surface areas or facings.

Within the right-of-way of any public road except as erected by an official unit of government for the direction of traffic or necessary public information.

Temporary signs. The following signs will be permitted in all districts subject to the specific standards indicated:

Real estate signs: not to exceed 16 square feet in area which advertise the sale, rental or lease of the premises upon which the sign is temporarily located.

Official signs: such as traffic control, directional signs, parking restrictions, information and notices.

Political signs: allowed in any district on private property with the consent of the owner of the property. Said signs must be removed within seven days following the date of the election or elections to which they applied.

Construction signs: not exceeding 32 square feet in area allowed in all zoning districts during construction. Said signs shall be removed when the project is completed.

Business signs: signs which advertise goods or services made and or sold on the premises, provided that they meet the setback requirements established for the use, do not contain a total combined surface in excess of 250 square feet, are limited to two in number and are located within the property limits of the use.

Farm products signs: provided that they are located within 300 feet of the farm residence property and relate to farm products and merchandise or services sold, produced, manufactured or furnished on said farm and provided further that no such device shall exceed 25 square feet in area.

For sale or for rent signs: not to exceed 16 square feet in area which advertises property as being for sale or for rent.

Residential signs: signs which either identify personal property or residence and provided that they are affixed flat thereto and do not contain more than two square feet in area.

Miscellaneous signs: signs or posters of a miscellaneous character which advertise temporary events, provided that they are self-supporting and not tacked, posted, painted or otherwise affixed to walls of buildings, trees, fences or poles. Said signs shall be removed 48 hours after the culmination of the special event.

Nonconforming signs. Signs lawfully existing at the time of the adoption of this chapter may be continued although the use, size or location does not conform with the provisions of this chapter. However, it shall be deemed a nonconforming use.

Sign maintenance.

Painting. The owner of any sign shall be required to have such sign properly painted at least once every two years, if needed, including all parts and supports of the sign unless such supports are galvanized or otherwise treated to prevent rust.