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  1. Anoka, Minnesota - Code of Ordinances
  2. Chapter 78 - ZONING
  3. ARTICLE IX. - SUPPLEMENTAL REGULATIONS
  4. DIVISION 4. - WIND ENERGY CONVERSION SYSTEM
  5. Sec. 78-668. - Performance standards.

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version: Aug 29, 2023 (current) __

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##  Anoka, MN  
Code of Ordinances

__

  * __ ANOKA MINNESOTA CITY CODE
  * SUPPLEMENT HISTORY TABLE modified
  * __ Chapter 1 - GENERAL PROVISIONS
  * __ Chapter 2 - ADMINISTRATION
  * __ Chapter 6 - ALCOHOLIC BEVERAGES
  * __ Chapter 10 - AMUSEMENTS AND ENTERTAINMENT
  * __ Chapter 14 - ANIMALS
  * __ Chapter 18 - BUILDINGS AND BUILDING REGULATIONS
  * __ Chapter 22 - BUSINESSES AND SERVICES
  * __ Chapter 26 - ELECTIONS
  * __ Chapter 30 - ENVIRONMENT
  * __ Chapter 34 - FIRE PREVENTION AND PROTECTION
  * __ Chapter 38 - HERITAGE PRESERVATION
  * __ Chapter 42 - LAW ENFORCEMENT
  * __ Chapter 46 - OFFENSES
  * __ Chapter 50 - PROPERTY MAINTENANCE
  * __ Chapter 54 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
  * __ Chapter 58 - SUBDIVISIONS
  * __ Chapter 62 - TAXATION
  * __ Chapter 66 - TRAFFIC AND VEHICLES
  * __ Chapter 70 - UTILITIES
  * __ Chapter 74 - VEGETATION
  * __ Chapter 78 - ZONING
    * __ ARTICLE I. - IN GENERAL
    * __ ARTICLE II. - ADMINISTRATION AND ENFORCEMENT
    * __ ARTICLE III. - ZONING DISTRICTS ESTABLISHED, ZONING MAP
    * __ ARTICLE IV. - CONDITIONAL USES
    * __ ARTICLE V. - DISTRICT REGULATIONS
    * __ ARTICLE VI. - MISSISSIPPI RIVER CONTROL CORRIDOR/RUM RIVER PROTECTION
    * __ ARTICLE VII. - FLOODPLAINS
    * __ ARTICLE VIII. - SIGNS
    * __ ARTICLE IX. - SUPPLEMENTAL REGULATIONS
      * __ DIVISION 1. - GENERALLY
      * __ DIVISION 2. - OFF-STREET PARKING AND LOADING
      * __ DIVISION 3. - TELECOMMUNICATION TOWERS
      * __ DIVISION 4. - WIND ENERGY CONVERSION SYSTEM
        * Sec. 78-664. - Purpose and intent.
        * Sec. 78-665. - Definitions.
        * Sec. 78-666. - Application; process; building permits; fees; inspections.
        * Sec. 78-667. - Conditionally permitted and prohibited WECS.
        * Sec. 78-668. - Performance standards.
        * Sec. 78-669. - Other applicable standards.
        * Secs. 78-670—78-689. - Reserved.
      * __ DIVISION 5. - TRAFFIC ANALYSIS
    * __ ARTICLE X. - NONCONFORMING USES AND DIMENSIONALLY SUBSTANDARD STRUCTURES
  * CODE COMPARATIVE TABLE - PRIOR CODE
  * CODE COMPARATIVE TABLE - LEGISLATION modified
  * STATE LAW REFERENCE TABLE modified

__Secs. 78-524—78-553. - Reserved. ARTICLE X. - NONCONFORMING USES AND
DIMENSIONALLY SUBSTANDARD STRUCTURES __

  * ARTICLE IX. - SUPPLEMENTAL REGULATIONS

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  * DIVISION 1. - GENERALLY

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  * Sec. 78-554. - Prohibited dwelling units.

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No garage, recreational vehicle or trailer, camper, houseboat, automobile,
semi-trailer, tent, shed, storage container or other accessory building or
temporary structure may be used as a dwelling unit.

  * Sec. 78-555. - Accessory uses.

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The following accessory uses, in addition to those specified elsewhere in this
chapter, shall be permitted in any residential district, if the accessory uses
do not alter the character of the premises in respect to their use for the
purposes permitted in the district:

(1)

The operation of necessary facilities and equipment in connection with
schools, colleges, universities, hospitals and other institutions permitted in
the district.

(2)

Recreation, refreshment and service buildings in public parks and playgrounds.

(Prior Code, § 74-481)

  * Sec. 78-556. - Accessory buildings.

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(a)

Any accessory building in excess of 200 square feet must meet minimal
requirements of the state building code.

(b)

In case an accessory building is attached to the main building, it shall be
made structurally part of the main building and shall comply in all respects
with the requirements of this chapter applicable to the main building.

(c)

An accessory building, unless attached to and made a part of the main
building, shall not be closer than five feet to the main building, except as
otherwise provided in this section.

(d)

A detached accessory building shall not exceed 15 feet in height for a
building with a shed or flat roof, 18 feet in height for a gable, hip,
gambrel, mansard, arch or round roof, or the height of the principal building,
whichever is less.

(e)

The wall height of a detached accessory building shall not exceed 12 feet.

(f)

A detached accessory building shall not be located in any required front yard
or within five feet of any side or rear lot line.

(g)

In any residential zoning district the style, color, and facing material of a
garage shall be compatible with the principal building. No garage shall have a
facing material that consists of factory fabricated or pre-engineered steel or
finished metal panels or other similar material.

(h)

No accessory building in a business or mixed-use zoning district shall have a
facing material that consists of metal, aluminum or other similar materials.

(i)

In residential districts, temporary accessory buildings or containers used for
construction purposes are permitted for a period of up to six months after the
initial issuance of a building permit. Temporary buildings used for this
purpose may be of any material.

(Prior Code, § 74-482)

  * Sec. 78-557. - Height regulations.

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(a)

Where the average slope of a lot is greater than one foot rise or fall in
seven feet of horizontal distance from the established street elevation at the
property line, one story in addition to the number permitted in the district
in which the lot is situated shall be permitted on the downhill side of any
building.

(b)

In any district with a height limit of less than 50 feet, public and semi-
public buildings, schools, churches, hospitals and other institutions
permitted in the district may be erected to a height not exceeding 50 feet.
The front, rear and side yards shall be increased one foot for each one foot
by which the building exceeds the height limit established in this chapter for
such district.

(c)

Height limitations set forth elsewhere in this chapter may be increased by 100
percent when applied to the following:

(1)

Monuments.

(2)

Flag poles.

(3)

Cooling towers.

(4)

Elevator penthouses.

(d)

Height limitations as set forth elsewhere in this chapter may be increased
with no limitation when applied to the following, provided that a conditional
use permit is issued to increase height:

(1)

Church domes, spires, belfries and roof ridges.

(2)

Schools, colleges and university buildings.

(3)

Chimneys or smokestacks.

(4)

Television and radio broadcasting antennas.

(e)

Height limitations set forth in the R-3, R-4, B-2 and B-3 districts may be
increased to six stories or 65 feet of height where the lot is not adjacent
to, or closer than 200 feet to any lot in any R-F, R-1 or R-2 district, and
provided a conditional use permit is issued for such height increase, as
required by this chapter.

(Prior Code, § 74-483)

  * Sec. 78-558. - Area regulations.

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No lot shall be so reduced that the area of the lot or dimensions of the open
spaces shall be smaller than prescribed in this chapter.

(Prior Code, § 74-484)

  * Sec. 78-559. - Yard regulations.

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Measurements shall be taken from the nearest point of the wall of the building
to the lot line in question, subject to the following qualifications:

(1)

Cornices, canopies or eaves may extend into the required front yard a distance
not exceeding four feet, six inches.

(2)

Fire escapes may extend into the required front yard a distance not exceeding
four feet, six inches.

(3)

A landing place or uncovered porch may extend into the required front yard a
distance not exceeding six feet, if the landing place or porch has its floor
no higher than the entrance floor of the building. An open railing no higher
than three feet may be placed around such place.

(4)

The architectural features enumerated in subsections (1) through (3) of this
section may also extend into any side or rear yard to the same extent, except
that no porch, terrace or outside stairway shall project into the required
side yard distance, and except on existing lots that are 50 feet or less in
width, in such instance, allowable architectural features may project into the
required side yard a distance of two feet.

(5)

On double frontage lots, the required front yard shall be provided on both
streets.

(6)

In the districts where filling stations are allowed, pumps and pump islands
may be located within a required yard, provided that they are not less than 15
feet from any street right-of-way lines.

(7)

The required minimum side yard for churches shall be 25 feet from any
residence lot line.

(8)

The required front yard of a corner lot shall not contain any wall, fence or
other structure, tree, shrub or other growth which may cause danger to traffic
on a street or public road by obscuring the view.

(9)

The required front yard of a corner lot shall be unobstructed above a height
of two feet and below a height of seven feet above the top of the curb line in
a triangular area, two sides of which are the lines running along the sides of
the streets or the curb lines from the point of intersection of the two street
lines as extended and a point 25 feet from such intersection and along each
street line the third side of the triangle being the line between the latter
two points. Also, boulevards between curb lines and right-of-way lines shall
be unobstructed above a height of two feet and below a height of seven feet
above the top of the curb line.

(10)

In determining the depth of rear yard for any building where the rear yard
opens into the alley, one-half the width of the alley, but not exceeding ten
feet, may be considered a portion of the rear yard, subject to the following
qualifications:

a.

The depth of any rear yard shall not be reduced to less than ten feet by the
application of this exception.

b.

If the door of any building or improvement, except a fence, opens toward an
alley, it shall not be erected or established closer than a distance of 15
feet from the property line.

(Prior Code, § 74-485)

  * Sec. 78-560. - Garages.

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No single-family or two-family dwelling shall be erected in any zoning
district unless a garage, detached or attached and covering an area of at
least 400 square feet, is also erected on the same parcel at the same time. A
certificate of occupancy shall not be issued by the building inspector until
all the work for which the building permit was issued has been completed.

(Prior Code, § 74-486)

  * Sec. 78-561. - Trucks in residential districts.

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(a)

The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning. Definitions in M.S.A. § 168.002 are
adopted by reference as though set forth in this section.

Height means a measurement taken from the ground to the highest point on the
vehicle at recommended tire pressure. All accessories, attachments, and
materials carried on the vehicle are considered part of the vehicle.

Length means a measurement taken at the longest point of the vehicle or, if
the vehicle is a trailer, the horizontal distance between the front and rear
edges of the trailer bed. All accessories, attachments and materials carried
on the vehicle are considered part of the vehicle.

Mid-size vehicle means any motorized vehicle or trailer more than eight feet
and up to nine feet in height, or more than 22 feet and up to 25 feet in
length, or more than 12,000 pounds and up to 15,000 pounds gross vehicles
weight.

Oversize vehicle means any motorized vehicle or trailer more than nine feet in
height, or more than 25 feet in length, or more than 15,000 pounds gross
vehicle weight.

(b)

One mid-size vehicle or trailer may be parked or stored on a residential
property in accordance with off-street parking and loading regulations as
regulated by division 2 of this article.

(c)

One oversize recreational vehicle/recreational equipment that is owned by the
occupant of the premises may be parked or stored outside in a residence
district in accordance with off-street parking and loading regulations as
regulated by division 2 of this article.

(d)

Farm trucks, semi-trailers, special mobile equipment, truck tractors, farm
implements or tractors, trucks carrying or designed to carry explosive or
flammable materials, buses operated for hire or for commercial purposes, and
earth-moving equipment are prohibited from parking in residential zoning
districts, regardless of the length, height or gross vehicle weight.

(e)

This section shall not prohibit vehicles or trailers, as described in
subsections (b) through (d) of this section, from short-term parking of
vehicles when loading, unloading, or rendering a service.

(f)

No auxiliary motors or engines on any vehicle or equipment shall be allowed to
operate except when actively loading, unloading or performing a service.

(g)

The zoning administrator or his designee may grant an administrative waiver,
in writing, to a resident to allow a resident to temporarily park or store an
oversized vehicle outside at their place of residence once per year for a
period of up to seven days.

(Prior Code, § 74-487)

  * Sec. 78-562. - Walls, fences, and hedges.

modified

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(a)

A fence is defined, for the purpose of this section, as any partition,
structure, wall, or gate erected as a divider marker, barrier or enclosure and
located along the boundary, or within the required yard. For the purpose of
this section, a fence shall not include naturally growing shrubs, trees or
other foliage.

(b)

No fence shall be erected or substantially altered in the city without
securing a permit from the building inspector. All such permits shall be
issued upon a written application which shall set forth the type of fence to
be constructed, the material to be used, the height and exact location of the
fence. A fee as determined by the city council shall be paid with each
application.

(c)

Fences, when constructed to enclose any lot or tract of land, shall be located
in such a way that the entire fence shall be on the property of the owner.
Posts and framework shall be placed within the property lines of the owner and
the actual fencing material, such as chainlink, lumber, pickets, etc., shall
be placed on the side of the fence which faces the street or adjacent
property.

(d)

No fence shall be allowed or constructed on-street rights-of-way. Fences may,
by permit, be placed on public utility easements so long as the structures do
not interfere in any way with existing underground or aboveground utilities.
The city or any utility company having authority to use such easements, shall
not be liable for repair or replacement of such fences in the event they are
moved, damaged or destroyed by virtue of the lawful use of such easement.

(e)

Fence heights in residential districts.

(1)

Fence height is measured from the fence owner's yard grade to the top of the
fence.

(2)

Fences four feet in height or less may be placed anywhere on a lot, unless
otherwise restricted.

(3)

Fences above four feet in height up to a maximum of 6 feet in height may be
placed anywhere on a lot but not in a front yard.

a.

On riparian lots, the front yard is defined as the yard which abuts the water.

b.

Riparian lots also abutting a public right-of-way shall be considered to have
two front yards.

c.

Corner lots and through lots shall be considered to have two front yards.

d.

Lots that have no defined front yard shall be designated a single front yard
as determined by the zoning administrator.

(f)

The required front yard of a corner lot shall not contain any fence which may
cause danger to traffic on a street or public road, by obscuring a driver's
view. On corner lots, no fence shall be permitted within the intersection
sight distance triangle.

(g)

Off-street parking and loading zones and landscaped areas for nonresidential
and for multifamily residential development adjoining one- or two-family
residence districts shall be screened by a minimum of a six-foot-high fence or
a planting buffer screen. Plans of such screen or fence shall be submitted for
approval as part of the site plan review by the planning commission and the
city council. Such plans shall be part of the application for a building
permit and such fence or landscaping shall be installed as part of the initial
construction and be maintained in a sightly condition, compatible with the
surrounding area.

(h)

Every fence shall be constructed in a workmanlike manner and of substantial
material reasonably suited to the purpose for which the fence is to be used.
Barbed wire is not allowed in any residence district but may be installed in
commercial or industrial districts with approval by the building inspector.

(1)

Fence materials. The following fence materials are allowed in all residential
districts unless otherwise stated in this chapter:

a.

Treated wood, cedar or redwood;

b.

Composite, including plastic or simulated wood;

c.

Decorative rick or stone;

d.

Wrought iron or aluminum designed to simulate wrought iron;

e.

Coated or noncoated chainlink;

f.

Split rail;

g.

Other materials or fence types approved by the city.

(2)

Maintenance. Every fence shall be maintained in a condition of good repair and
shall not be allowed to become and remain in a condition that would constitute
a public nuisance or a dangerous condition. The building inspector is
authorized to notify the owner to the condition and allow the owner 60 days in
which to repair or demolish the fence.

(3)

Construction standards. Fences shall be constructed in conformity with the
wind, stress, foundation, structural and other requirements of the state
building code when applicable.

(Prior Code, § 74-488;  Ord. No. 2021-1736  , § 1, 2-1-2021;  Ord. No.
2022-1755  , § 1, 1-3-2022)

  * Sec. 78-563. - Tree preservation.

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The following are standards of preservation during construction or grading:

(1)

Intent. Developments, structures, utilities, and all other site activities
must be designed, installed, and constructed so that the maximum numbers of
trees are preserved on all lots or parcels.

(2)

Definition. For the purpose of this section, a significant tree shall be
defined as any live, healthy tree measuring eight inches in diameter or
greater, measured at 4½ feet above the ground.

(3)

Tree preservation plan required. To minimize tree loss and to mitigate tree
removal on wooded lots or parcels with trees, a tree preservation plan must be
submitted for approval along with any land disturbance permit, grading permit,
site plan, or plat approval. All site activity associated with the proposed
permit or plat must be in compliance with the approved tree preservation plan.

(4)

Tree preservation plan. A registered architect, landscape architect, forester,
or engineer must prepare the tree preservation plan. The plan must include a
scaled drawing or survey, including the following information:

a.

A tree inventory indicating the amount, species, location and condition of all
existing significant trees and clumps of nonsignificant trees within the
limits of the proposed activity.

b.

Identification of significant trees to be protected, preserved, undisturbed or
to be removed.

c.

Location of existing and proposed structures, improvements, utilities and
existing and proposed contours.

d.

Protection techniques that will be utilized to minimize disturbance to all
trees remaining on-site. Trees must be protected from direct and indirect root
damage and trunk and crown disturbance. The following preservation standards
apply:

1\.

Construction activities, including parking, material storage, dirt
stockpiling, concrete washout and other similar activities, must be done as to
not damage or destroy a significant tree.

2\.

Protective fencing must be installed around trees that are not being removed.
Such fences must be at least four feet high and must consist of polyethylene
safety fencing. Fencing must remain in place until construction is completed
or other landscaping has been installed and the city forester has approved the
removal of the fencing.

e.

A tree replacement plan indicating size, species, location, and planting
specifications of all street and replacement trees.

(5)

Tree replacement.

a.

Each significant tree removed or damaged through construction or grading, or
found to have been damaged within one year after completion of construction,
must be replaced on-site at a ratio of 1:1 except for:

1\.

Nonresidential zoned property. In no case need the tree replacement density
exceed eight trees per acre in nonresidential zoned districts.

2\.

Residential zoned property. In no case need the tree replacement density
exceed eight trees per acre on lots one acre or more or subdivisions that
occur on unplatted land over one acre. On residentially zoned lots less than
one acre, a 1:1 replacement of all trees will be required for the first seven
trees removed from the lot.

3\.

Trees not to be replaced. Significant trees removed that the city forester
determines to be undesirable, invasive, or diseased shall not need to be
replaced.

b.

Street trees shall not be counted towards the number of replacement trees
required on a site.

c.

Replacement trees shall be a minimum 2½ inches in diameter if deciduous, or
six feet in height if coniferous, measured at 4½ feet above ground, and shall
be a species similar to those which were destroyed, unless otherwise required
by the city forester. Replacement trees shall be balled and burlap.

d.

Mississippi River Control Corridor/Rum River Corridor. Any lands within the
Mississippi River Control Corridor/Rum River Corridor shall meet tree
replacement/preservation regulations set forth in section 78-403.

(6)

Tree replacement fee. If the developer is unable to replace the required
amount of trees due to physical circumstances unique to the site, a tree
replacement fee in an amount established by the city council shall be paid in
lieu of tree replacement.

(7)

Trees on public property. Trees on public property shall be regulated by
chapter 74, article IV.

(8)

Inspection and enforcement. Prior to commencement of site grading or
excavation, the site shall be staked and fenced for tree protection per the
approved tree preservation plan. Construction activities shall cease until
compliance with the tree preservation plan has been achieved. Violations of
this section shall be considered a misdemeanor.

(Prior Code, § 74-489)

  * Sec. 78-564. - Metal roof.

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(a)

Prefinished metal roofs are permitted in all districts, provided:

(1)

The metal roof shall not have exposed fasteners, semi-concealed fasteners, or
any fastener system that does not adhere directly to the support system.

(2)

Any metal roof that is not a high-quality commercial thickness/weight
according to the building code is prohibited.

(3)

Any metal roof that has not been treated with a factory applied color-coating
system is prohibited.

(4)

The metal roof must have a color retention guarantee minimum of 20 years.

(5)

There shall be no open ended rivets or seams where the roofline meets the
fascia.

(b)

Single-family homes, townhomes and row homes shall be allowed to use slate,
shingle, shake, tile, or similar design pre-finished metal roofs. Standing
seam metal roof design is not allowed on single-family homes, townhomes, and
row homes, with the exception of copper accents or trim.

(Prior Code, § 74-490)

  * Sec. 78-565. - Temporary accessory buildings.

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(a)

Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:

Temporary accessory building means a building used for a temporary purpose
which has a roof but is without a foundation or footings, is designed to be
removable, and is not designed to be permanently attached to the ground, to
another structure, or to any utility system. Such buildings are typically
constructed of a canvas or other fabric over a PVC, metal or wood frame.

(b)

One temporary accessory building is permitted on each parcel in all
residential districts, subject to the following standards:

(1)

A temporary accessory building permit must be obtained.

(2)

The area of the temporary accessory building will be included in the
impervious surface calculations for the property.

(3)

The size of the temporary accessory building shall not exceed 12 feet by 26
feet.

(4)

The temporary accessory building shall be securely anchored to withstand the
weather and prevent against collapsing.

(5)

The temporary accessory building shall be placed in the rear yard, a minimum
of five feet from either the side or rear lot line. For riparian lots, the
temporary building must be placed on the river side of the property and must
meet the structure setback requirements from the river or placed no closer
than that of the existing primary structure if the primary structure does not
meet setback requirements. In the case of a corner lot, a temporary accessory
building may be located in a side yard.

(6)

The temporary accessory building can be placed on the site for a period of no
more than six months per calendar year. In cases where weather prevents timely
removal, one 30-day extension may be granted administratively. Such extension
shall require an extension permit.

(7)

The temporary accessory building must be constructed of durable, fire
retardant materials.

(8)

The temporary accessory building shall not exceed the height of any other
accessory structures on the site or 15 feet, whichever is less.

(9)

For the purposes of this section, tents and canopies erected for events,
weddings, family gatherings, etc., are not required to get a temporary
building permit if erected for a period of two weeks or less.

(10)

All applicable requirements of the state building code and the state fire code
shall be met.

(11)

Materials stored in the temporary accessory building must meet the standards
of the state fire code.

(12)

The temporary accessory building must remain in good repair throughout the
time it is erected on the site. Frames without a covering are not permitted.

(13)

A temporary accessory building erected on a site shall be counted toward the
maximum number of accessory buildings allowed by this section.

(Prior Code, § 74-491)

  * Sec. 78-566. - Accessory structure administrative site plan approval.

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(a)

For the purpose of enforcing this chapter, an accessory structure site plan
approval shall be required of all persons intending to erect, alter, or place
any building or structure that is otherwise exempt from needing a building
permit under Minn. R. 1300.0120(4)(A)(1).

(b)

The accessory structure site plan review shall be approved by the zoning
administrator or his designee upon a written finding that the proposal meets
the requirements of the applicable zoning district and is in compliance with
the relevant chapter standards.

(c)

Administrative site plan approval shall be processed according to the
procedures and criteria set forth in section 78-36(g).

(d)

Application materials. The person seeking site plan approval must complete an
application and submit the completed application to the zoning administrator.
The review fee shall be established by the city council and recorded in the
city fee schedule. The applicant shall submit the following information as
part of the application:

(1)

A site plan showing the following information:

a.

Location and dimensions of lot lines, buildings, driveways, off-street parking
spaces, sidewalks, patios, and other forms of impervious lot coverage as
determined by the zoning administrator.

b.

Distances between buildings.

c.

Front, side, and rear lot lines with dimensions.

d.

Location of any easements or underground utilities.

e.

Other information deemed necessary to determine compliance with this chapter.

(2)

A narrative describing how the structure will be used.

(3)

A signed statement by the applicant stating that they are aware that this
chapter prohibits residential occupancy and home occupations in accessory
structures.

(4)

Any other information requested by the zoning administrator in order to allow
a reasonable review of the requested proposal.

(Prior Code, § 74-492)

  * Secs. 78-567—78-595. - Reserved.

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  * DIVISION 2. - OFF-STREET PARKING AND LOADING

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  * Sec. 78-596. - Application of parking and loading regulations.

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The regulations and requirements set forth in this division shall apply to all
off-street parking facilities, including driveways, parking lots and storage
areas, in all zoning districts of the city unless otherwise exempted in this
chapter.

(Prior Code, § 74-506)

  * Sec. 78-597. - Site plan drawing necessary.

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All applications for a building permit, driveway permit, or certificate of
occupancy in all zoning districts shall be accompanied by a site plan drawn to
scale indicating the location and dimensions of the driveway, off-street
parking and loading spaces, and storage areas, and a description of materials
to be used in compliance with the requirements set forth in this chapter. All
applications shall be submitted to the planning department. The planning
department will distribute the application to the appropriate departments for
review and will issue the permit.

(Prior Code, § 74-507)

  * Sec. 78-598. - Minimum area regulations.

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(a)

Each parking space shall be the following size or larger based on the angle of
parking:

_Expand_  
  
+----+------------------+-------------+---------------------+------------------------+------------------+
|    | 0                | 1           | 2                   | 3                      | 4                |
|----+------------------+-------------+---------------------+------------------------+------------------|
|  0 | Angle of Parking | Stall Width | Stall Depth to Curb | Traffic Flow Direction | Drive Lane Width |
|  1 | 45°              | 9'          | 22'                 | One-way                | 14'              |
|  2 | 60°              | 9'          | 21'                 | One                    | 16'              |
|  3 | 75°              | 9'          | 21'                 | One                    | 18'              |
|  4 | 90°              | 9'          | 18'                 | Two-way                | 24'              |
+----+------------------+-------------+---------------------+------------------------+------------------+



(b)

Exceptions may be made for compact vehicle spaces under the following
conditions:

(1)

The design promotes compact car stall use (e.g., designing all compact stalls
at the entrance of the lot).

(2)

All compact car stalls are clearly designated by signage.

(3)

No more than 40 percent of all required parking stalls are designated for
compact cars. Each compact parking space shall be no less than eight feet by
18 feet.

(Prior Code, § 74-508)

  * Sec. 78-599. - Computing requirements.

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In computing the number of parking spaces required, the following rules shall
govern:

(1)

Floor space means the gross floor area of the specific use.

(2)

When determining the number of off-street parking spaces, fractional results
of one-half or more shall constitute another space.

(3)

The parking space requirement for a use not specifically mentioned in this
division shall be the same as required for a use of similar nature as
determined by the city planning commission.

(4)

In stadiums, sports arenas, churches, and other places of public assembly in
which patrons or spectators occupy benches, pews, or other similar seating
facilities, each 22 inches of such seating facilities shall be counted as one
seat for the purpose of determining requirements.

(Prior Code, § 74-509)

  * Sec. 78-600. - Reduction and use of parking and loading space.

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When demonstrated to the satisfaction of the city council that up to ten
percent of the number of parking spaces required by this division would not be
needed for the particular use in question, a reduced number of parking spaces
may be approved subject to the following:

(1)

The application for reduction shall be accompanied by supporting data
specifically applying to the particular use in question.

(2)

The applicant must also provide each of the following:

a.

A detailed parking plan demonstrating that the parking otherwise required by
this division can be provided on the site within chapter design standards; and

b.

A covenant in recordable form, approved as to form and content by the city
attorney, executed by all property owners, which covenant provides that the
owners, heirs, successors and assigns, will not use the area identified for
expansion parking for any use except landscaping or to cause compliance with
the off-street parking requirements of this division.

(3)

The city may order installation of previously exempted parking spaces at any
time when, in the city's judgment, conditions indicate the need for such
parking, and the property owner shall comply with such order.

(Prior Code, § 74-510)

  * Sec. 78-601. - Fences and planting screens.

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Off-street parking and loading areas located in commercial, industrial, and
multifamily districts and adjoining residence districts shall be screened by a
minimum six-foot-high fence, wall or a planted buffer screen; plans of such
screen, fence, or wall shall be submitted for approval as part of the
application for a building permit, and such fence, wall or landscaping shall
be installed as a part of the initial construction.

(Prior Code, § 74-511)

  * Sec. 78-602. - Access.

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Parking and loading space shall have proper access from a public right-of-way.
The number and width of access drives shall be so located as to minimize
traffic congestion and traffic hazard.

(Prior Code, § 74-512)

  * Sec. 78-603. - Location of parking facilities.

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All off-street parking facilities required by this division shall be located
and restricted as follows:

(1)

Required off-street parking shall be on the same lot under the same ownership
as the principal use being served, or within 200 feet pedestrian travel
distance thereof.

(2)

Head-in parking, directly off of and adjacent to a public street, with each
stall having its own direct access to the public street, shall be prohibited,
except for single-family, two-family, townhouses, and quadhome dwellings and
public safety buildings.

(3)

The boulevard portion of the street right-of-way shall not be used for
parking.

(Prior Code, § 74-513)

  * Sec. 78-604. - Parking lots in residential districts.

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When in its opinion the best interests of the community will be served
thereby, the city council may permit, temporarily or permanently, the use of
land in a residential district, other than the single- and two-family
residential districts, for a parking lot provided that:

(1)

A conditional use permit is issued under article IV, division 2 of this
chapter.

(2)

The lot is not to be used for sales, storage, repair work or servicing of any
kind.

(3)

Entrance to and exit from the lot are to be located on the lot.

(4)

No advertising sign or material is to be located on the lot.

(5)

All parking is to be kept back of the setback building line by barrier unless
otherwise specifically authorized by the city council.

(6)

All lighting is to be arranged so that there will be no glare there from
annoying to the occupants of adjoining property in a residential district.

(7)

Surfacing of the parking lot is to be smoothly graded, hard surfaced and
adequately drained.

(8)

Any other conditions, such as screening, as may be deemed necessary by the
city council to protect the character of the residential district.

(9)

A parking lot may not be constructed for use by single- or two-family
dwellings.

(10)

The city council shall review parking lots in residential districts annually
to determine suitability for continued use.

(Prior Code, § 74-514)

  * Sec. 78-605. - Yards.

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Off-street parking and loading facilities shall be subject to the front yard,
side yard, and rear yard regulations for the use district in which the parking
is located; except that in the classes of B-1 and B-2 business districts and
industrial districts, no off-street parking or loading shall be located within
ten feet of any property line that abuts a street right-of-way or any of the
classes of residence districts; and except that in the classes of R-3 and R-4
residence districts, no parking or loading shall be located within five feet
of any property line.

(Prior Code, § 74-515)

  * Sec. 78-606. - Combined facilities.

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(a)

Off-street parking facilities for a combination of mixed buildings, structures
or uses may be provided collectively in any business or industrial district in
which separate parking facilities for each separate building, structure or use
would be required, provided that the total number of spaces provided shall
equal the projected peak hour parking demand of the combined uses, subject to
the following special conditions:

(1)

A conditional use permit is issued under article IV, division 2 of this
chapter.

(2)

The owner of the property affected, along with the operators of all businesses
to utilize the combined parking facilities, shall join in the permit
application.

(3)

The proposed parking plan shall realistically project peak use of the combined
facilities based upon the proposed uses, and shall provide adequate spaces for
that peak demand.

(4)

All off-street parking facilities shall be located within 200 feet of the
building or use for which the permit is issued.

(5)

A properly drawn legal instrument, executed by the parties concerned for joint
use of off-street parking facilities duly approved as to form and manner of
execution by the city attorney, shall be filed with the city clerk.

(b)

A conditional use permit for combined parking facilities shall restrict the
uses of the affected property to those designated in the permit until and
unless the permit is amended or rescinded. Such a permit may be revoked if
parking demand for the combined uses exceeds the capacity of the combined
facilities; however, the use restrictions of the permit shall remain in effect
after such a revocation until and unless they are specifically removed by
council resolution to that effect.

(Prior Code, § 74-516)

  * Sec. 78-607. - Construction and maintenance standards applicable to all driveways.

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(a)

Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:

Driveway means the portion of a lot that is designed to provide vehicular
access between a road or alley and a parking or loading space, including the
driveway apron.

(b)

A driveway permit shall be required for replacing, constructing, improving,
expanding, resurfacing, or altering driveways, driveway aprons, and parking
areas, unless otherwise approved through a site plan process or other city
approval. An application for a driveway permit shall be submitted to the
city's planning department. The planning department will route the permit to
the appropriate departments for review and will issue the driveway permit.

(c)

In all zoning districts, parking areas and driveways shall be paved with
asphalt or concrete and designed to prevent damage to adjacent properties by
surface water runoff and to minimize the amount of paved areas on the site.
The following driveways are exempt from this requirement upon approval of the
city engineer:

(1)

Driveways serving a recreational area.

(2)

Driveways constructed of alternative materials that function similarly to
those listed in this subsection (c).

(3)

Storage areas for heavy construction equipment that would damage the pavement.
Such storage areas shall have an approved maintenance and drainage plan.

(d)

The city shall have the right to review and inspect all driveway construction.

(e)

Driveways shall have a maximum slope of eight percent unless otherwise
approved by the city engineer.

(f)

Porous pavers or porous paving systems may be used upon approval of the city
engineer.

(g)

Driveways and parking areas shall comply with the impervious surface and lot
coverage restrictions of the zoning district within which it will be
constructed.

(Prior Code, § 74-517)

  * Sec. 78-608. - Striping.

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Except for single-family, two-family, townhouses, and quadhome dwellings, all
paved parking stalls shall be marked with white or yellow painted lines not
less than four inches wide and shall be properly maintained.

(Prior Code, § 74-518)

  * Sec. 78-609. - Lighting.

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(a)

All off-street parking areas for residential uses of 12 or more spaces and all
off-street parking for commercial, industrial, institutional, and public uses
shall be equipped with operable lighting designed to illuminate the entire
surface of the parking area.

(b)

Any lighting used to illuminate the off-street parking area shall be arranged
as to reflect the light away from any adjacent properties, streets, or
highways.

(Prior Code, § 74-519)

  * Sec. 78-610. - Required number of off-street parking spaces.

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Off-street parking areas of sufficient size to provide parking for patrons,
customers, suppliers, visitors and employees shall be provided on the premises
of each use. The minimum number of required off-street parking spaces for the
following uses shall be as follows in all zoning districts in the city, except
the B-3 General Business District:

(1)

Automobile service stations: Four parking spaces plus two parking spaces for
each service stall; such parking spaces shall be in addition to parking space
required for gas pump areas.

(2)

Automobile sales, trailer sales, marine and boat sales, implement sales,
garden supply stores, building materials sale, and auto repair: Six parking
spaces plus one parking space for each 500 square feet of floor area over
1,000 square feet.

(3)

Assembly or exhibition halls, auditoriums, theaters, or sports arenas: One
parking space for each four seats, based upon design capacity.

(4)

Banks: At least one parking space for each 400 square feet of floor area.

(5)

Bed and breakfasts: One space per guest room and two for management.

(6)

Boardinghouses and lodginghouses: At least three parking spaces plus one
parking space for each three persons for whom living accommodations are
provided.

(7)

Bowling alleys: At least seven parking spaces for each alley, plus such
additional spaces as may be required for affiliated uses.

(8)

Car washes: In addition to required stacking spaces:

a.

Automatic drive-through service: Ten spaces or one space for each employee on
the maximum shift, whichever is greater.

b.

Self-service: A minimum of two spaces.

c.

Service station with car wash: No additional to that required for the station.

(9)

Churches: One parking space for each four seats, based on the design capacity
of the main seating area.

(10)

Convalescent or nursing homes: One parking space for each four beds for which
accommodations are offered.

(11)

Drive-in establishments and convenience food: One parking space for each 150
square feet of gross floor area, but not less than 15 spaces.

(12)

Furniture and appliance stores, stores for repair of household equipment or
furniture: At least one parking space for each 600 square feet of floor area.

(13)

Golf courses, golf clubhouses, country clubs, swimming clubs, tennis clubs,
public swimming pools: 20 spaces plus one space for each 300 square feet of
floor area in the principal structure.

(14)

Hospitals: One parking space for each three hospital beds, plus one parking
space for each employee on the major shift.

(15)

Miniature golf courses, archery ranges or golf courses, driving ranges: Ten
parking spaces.

(16)

Motels, hotels: One space per each rental unit plus one space for each ten
units and one additional space for each employee on any shift.

(17)

Municipal administration buildings, community centers, public libraries,
museums, art galleries, post offices, and other municipal service buildings:
Ten parking spaces plus one parking space for each 500 square feet of floor
area in the principal structure.

(18)

Private clubs and lodges: One parking space for each 2½ seats.

(19)

Professional offices, medical and dental clinics and animal hospitals: One
space for each 200 square feet of floor area, but not less than three spaces
per lot design.

(20)

Residential uses:

a.

Single-family dwellings: Enclosed garage of at least 440 square feet.

b.

Two-family dwellings and quadhomes: A minimum of two spaces per dwelling unit
and an enclosed garage of at least 400 square feet.

c.

Townhouses: A minimum of two spaces per unit. At least one space per unit
shall consist of an enclosed garage.

d.

Multiple-dwellings: A minimum of 2½ spaces per unit. At least one space per
unit shall consist of an enclosed garage.

(21)

Restaurants, cafes, private clubs serving food or drinks, bars, or nightclubs:
One space for each 40 square feet of gross floor area of dining and bar area
and one additional space for each 80 square feet of kitchen area.

(22)

Shopping centers: In a B-2 Shopping Center Business District where several
business uses are grouped together according to a general development plan,
off-street automobile parking shall be provided in a ratio of not less than
four spaces per 1,000 square feet of gross leasable area, and separate off-
street space shall be provided for loading and unloading.

(23)

Sporting and health clubs: One space per 100 square feet of building area,
plus six spaces per tennis/racquetball or other type of court.

(24)

Supermarkets, discount houses, mail order outlets, retail stores, and other
stores with high customer volume: At least one parking space for each 250
square feet of floor area.

(25)

Other uses: Other uses not specifically mentioned in this section shall be
determined on an individual basis by the city council. Factors to be
considered in such determination shall include, without limitation, size of
building, type of use, number of employees, expected volume and turnover of
customer traffic, and expected frequency and number of delivery or service
vehicles.

(Prior Code, § 74-522)

  * Sec. 78-611. - Parking regulations for single-family and two-family residences.

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(a)

No owner or tenant of a single- or two-family residential property shall allow
any motor vehicle or trailer to be parked on such property except on a
driveway, within a garage, or on the side or rear yard area of the property as
specifically permitted in subsection (c) of this section. Every motor vehicle
or trailer that is parked outside of a garage shall display license plates
with current registration tags. No vehicle or trailer shall be permitted to
park in the sight triangle which is required to be unobstructed by section
78-559(9). With regard to outdoor parking, storage or repair of trucks and
equipment, see section 78-561.

(b)

No more than four motor vehicles, trailers, or combination thereof shall be
permitted to park on the driveways of any single-family residential property
on more than two days within any one-week period, except when a waiver is
obtained as provided in this section. Upon application to the zoning
administrator, waiver of this restriction may be obtained for a reasonable,
necessary, and discreet time period, not exceeding two weeks for social guest
parking, and not exceeding 90 days for the demolition of an existing garage
and construction of a new one.

(c)

Two motor vehicles or trailers per dwelling unit may be parked on the side or
rear yard of the property, off the driveway, at least five feet from the
property line, provided that the area around and under the motor vehicle or
trailer is maintained in a neat and orderly manner, including keeping weeds
and grass in the area mowed to a height of six inches or less.

(d)

For the purpose of this section, the term "motor vehicle" includes any self-
propelled vehicle which is required to be registered with the state department
of motor vehicles and to display a license plate in order to be legally
operated on public streets; it does not include snowmobiles. The term
"trailer" includes any vehicle designed for transporting property or
passengers on its own structure and for being drawn by a self-propelled
vehicle.

(e)

The property owner's or tenants' first violation of this section shall be a
misdemeanor. The principal occupant of the property shall be responsible for
compliance with subsections (a) through (c) of this section. The records of
the city water department indicating the person responsible for payment of
city water bills shall constitute prima facie evidence of the identity of the
principal occupant. Such evidence may be rebutted by a lease or a property
owner's

sworn statement which indicates the primary occupant of the property. The
owner of the property, according to the records of the tax assessor, shall be
responsible for compliance with subsection (d) of this section.

(Prior Code, § 74-523)

  * Sec. 78-612. - Driveway and parking area standards for single-family and two-family residences.

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(a)

The driveway outside the public right-of-way will be limited to the width of
the garage plus ten feet, or a maximum of 20 feet in width if no garage
exists, or the maximum width of the garage for three stall garages or larger.

(b)

Driveways and parking areas shall be at least five feet from property lines,
except for the access to the street. Additional driveway and parking area
setbacks may be required from public rights-of-way and to avoid encroaching
into existing public drainage and utility easements.

(c)

Parking areas shall not be constructed in the front yard, except driveways.

(d)

The minimum driveway width in the public right-of-way shall be 12 feet. The
maximum driveway width in the public rights-of-way shall be the width of the
main garage plus four feet, not to exceed 24 feet. The curb returns (radii or
tapers) for the access to the street (driveway apron) are not included in the
driveway width.

(e)

Shared driveways are allowed, provided that property owners sharing the
driveway have easements and agreements relating to cross access and
maintenance. Shared driveways do not need to meet the five foot setback
required under subsection (b) of this section along the shared property line.

(f)

Driveway aprons shall be concrete, at least six inches thick, installed over a
Class V base a minimum of four inches thick upon a prepared, approved
subgrade, at least three feet wide from the back of the street curb. Where a
sidewalk exists, the driveway apron shall be constructed through the sidewalk.
The sidewalk portion of the driveway shall meet ADA cross grade standards.

(g)

The driveway entrance at the gutter line shall be constructed in a manner that
does not interfere with street drainage.

(h)

Driveways and parking areas shall be concrete, bituminous, brick pavers or
similar hard surface. Concrete driveways and parking areas shall be a minimum
of four inches thick installed over a Class V base a minimum of four inches
thick upon a prepared, approved subgrade. Bituminous driveways and parking
areas shall be a minimum of 2½ inches thick, installed over a Class V base a
minimum of four inches thick upon a prepared, approved subgrade.

(i)

Driveways on improved single- or two-family residential properties existing on
or before October 1, 1992, shall be paved with asphalt, concrete, brick, or
similar surface at such time as a building permit may be taken for either
remodeling or improvements costing more than $5,000.00.

(j)

New driveways shall be constructed in such a way as to provide positive
stormwater drainage from the garage or parking area to the street or an
approved stormwater drainage area.

(k)

Each single-family or duplex property is entitled to only one driveway from a
public right-of-way unless it can be demonstrated that an additional driveway
improves traffic safety/circulation for the general public.

(Prior Code, § 74-524)

  * Sec. 78-613. - Standards for driveways and parking areas serving multifamily, commercial, industrial and nonresidential uses.

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(a)

Driveway location is subject to review for traffic impacts such as volume
generated, adjacency to stop signs, speed of cross traffic, noise, and the
applicant's operating schedule.

(b)

Where a lot abuts two or more public rights-of-way, the city may require
access to be from the least traveled right-of-way if such least traveled
right-of-way does not direct traffic through a residential area.

(c)

In cases where a driveway serves a property not within the city jurisdictional
boundary, a joint powers agreement for maintenance and improvements to the
roadway must be in place before permission will be granted to allow access to
the adjacent street. The city reserves the right to reject or restrict any
proposal to allow access from city streets to multifamily, commercial,
industrial or nonresidential uses located in adjoining cities.

(d)

The operator of a principal building or use shall maintain parking and loading
areas, driveways, and yard areas in a neat and orderly manner.

(e)

Curbing.

(1)

All driveway areas and parking areas which are accessory to multifamily,
commercial, industrial or nonresidential developments shall be bounded by
concrete curb and gutter of a minimum of B612 design.

(2)

Driveway areas and parking areas which are accessory to low-use development
shall be bounded by concrete curb and gutter a minimum of B612 design on the
portions of such areas which front on a public right-of-way extending to the
wall. Concrete curb and gutter or curb only may be required of any other
driving or parking areas where necessary for drainage or traffic control. The
term "low-use development" shall include churches, parks, private clubs and
similar uses.

(3)

The city may exempt curbing where the city has approved future expansion of
the parking lot or to enhance traffic circulation where there are adjoining
lots.

(4)

Poured-in-place concrete traffic safety islands may be required to maintain a
safe and orderly flow of traffic within the parking lot.

(5)

Curb cuts and ramps for the handicapped shall be installed as required by
state law.

(f)

Driveways and parking areas shall be concrete, bituminous, brick pavers or
similar hard surface material. Section design shall be submitted for review
and approval of the city engineer. Driveway approach panels shall be a minimum
of eight inches thick to the right-of-way line.

(g)

The maximum width of a driveway shall be 30 feet.

(h)

Driveway aprons shall be concrete, at least eight inches thick, over a Class V
base a minimum of four inches thick upon a prepared, approved subgrade, at
least three feet wide from the back of the street curb of the street. Where a
sidewalk exists, the driveway apron shall be constructed through the sidewalk.
The sidewalk shall be replaced with at least an eight-inch-thick concrete
portion of the driveway and shall meet ADA cross grade standards.

(Prior Code, § 74-525)

  * Secs. 78-614—78-644. - Reserved.

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  * DIVISION 3. - TELECOMMUNICATION TOWERS

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  * Sec. 78-645. - Purpose and intent.

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(a)

In order to accommodate the communication needs of residents and businesses
while protecting the public health and safety, and general welfare of the
community, the city council finds the regulations of this division are
necessary to:

(1)

Facilitate the provision of wireless telecommunication services to the
residents and businesses of the city;

(2)

Minimize adverse visual effects of wireless telecommunication towers through
careful design and siting standards;

(3)

Avoid potential damage to adjacent properties from wireless telecommunication
tower failure through structural standards and setback requirements; and

(4)

Maximize the use of existing and approved towers, buildings and structures to
accommodate new wireless telecommunication antennas to reduce the number of
towers needed to serve the community.

(b)

This division is intended to regulate wireless telecommunication towers and is
not intended to regulate other types of towers, such as audio and television
antennas, residential satellite dishes or public safety transmitters.

(Prior Code, § 74-541)

  * Sec. 78-646. - Definitions.

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The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:

Antenna means any structure or device used for the purpose of collecting or
transmitting electromagnetic waves, including, but not limited to, directional
antennas, such as panels, microwave dishes, and satellite dishes, and omni-
directional antennas, such as whip antennas.

Co-location means the placement of wireless telecommunication antennas by two
or more service providers on a tower, building or structure.

Federal Communications Commission (FCC) means the federal administrative
agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services and providers on a national level.

Guyed tower means a tower that is supported, in whole or in part, by wires and
ground anchors.

Lattice or self-supported tower means a tower, erected on the ground, which
consists of metal crossed strips or bars to support antennas and related
equipment.

Monopole tower means a single, self-supported pole-type tower, tapering from
the base to the top and supporting a fixture designed to hold one or more
antennas.

Multi-user tower means a tower to which is attached the antennas of more than
one service provider or governmental entity.

Protected residential property means any property within the city that meets
both of the following requirements:

(1)

The property is zoned R-1, R-2, or R-3 and the property may or may not also
have a planned unit development overlay classification; and

(2)

The property is designated on the comprehensive plan land use map as low-
density residential, medium-density residential or high-density residential.

Public utility means persons, corporations, or governments supplying gas,
electric, transportation, water, or landline telephone service to the general
public. For the purpose of this division, wireless telecommunication service
facilities shall not be considered public utility uses and are defined
separately.

Service provider means any individual or entity which provides wireless
telecommunication services.

Single-user tower means a tower to which is attached only the antennas of a
single service provider, although the tower may be designed to accommodate the
antennas of multiple users as required in this division.

Tower means any ground- or roof-mounted pole, spire, structure, or combination
thereof, including supporting lines, cables, wires, braces, and masts intended
primarily for the purpose of mounting or supporting an antenna, or an antenna
for wireless telecommunication purposes which is taller than 15 feet,
including roof antennas.

Wireless telecommunication services means licensed commercial wireless
telecommunications services, including cellular, personal communication
services (PCS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging, and similar services that are marketed to the
general public.

(Prior Code, § 74-542)

  * Sec. 78-647. - Effect of division on existing towers and antennas.

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Antennas and towers in existence as of November 7, 1997, which do not conform
or comply with this division are subject to the following provisions:

(1)

Towers may continue in use for the purpose now used and as now existing but
may not be replaced or structurally altered without complying in all respects
with this division.

(2)

If such towers are hereafter damaged or destroyed due to any reason or cause
whatsoever, the tower may be repaired and restored to its former use, location
and physical dimensions upon obtaining a building permit therefor, but without
otherwise complying with this section; however, if the cost of repairing the
tower to its former use, physical dimensions, and location would be 50 percent
or more of the cost of a new tower of like kind and quality, then the tower
may not be repaired or restored except in full compliance with this division.

(Prior Code, § 74-543)

  * Sec. 78-648. - Application; building permits; fees; and inspections.

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(a)

Application. Applications for approval to construct towers shall include
information as required in section 78-35. In addition to the information
required elsewhere in this division, applications for towers shall include the
following supplemental information:

(1)

A report from a licensed professional engineer which:

a.

Describes the tower height and design, including a cross section and
elevation;

b.

Documents the height above grade for all potential mounting positions for
collocated antennas and the minimum separation distances between antennas;

c.

Describes the tower's capacity, including the number and type of antennas it
can accommodate;

d.

Documents what steps the applicant will take to avoid interference with
established public safety telecommunications;

e.

Includes an engineer's stamp and registration number; and

f.

Includes other information necessary to evaluate the application.

(2)

A letter of intent committing the tower owner and the owner's successors to
allow the shared use of the tower if an additional user agrees in writing to
meet reasonable terms and conditions for shared use.

(3)

Applications requiring conditional use permits shall be subject to the
requirements set forth in section article IV, division 2 of this chapter,
excepting section 78-110.

(b)

Building permits.

(1)

It is unlawful for any person to erect, construct in place, place or re-erect,
replace, or repair any tower without first making application to the building
inspections department and securing a building permit therefor as provided in
this subsection (b).

(2)

The applicant shall provide at the time of application sufficient information
to indicate that construction, installation, and maintenance of the antenna
and tower will not create a safety hazard or damage to the property of other
persons.

(3)

Only one tower shall exist at any one time on any one parcel of protected
residential property as defined in section 78-646.

(4)

Building permits are not required for:

a.

Adjustment or replacement of the elements of an antenna array affixed to a
tower or antenna, provided that replacement does not reduce the safety factor.

b.

Antennas or towers erected temporarily for test purposes, for emergency
communication, or for broadcast remote pickup operations. Temporary antennas
shall be removed within 72 hours following installation.

(5)

Before issuance of a building permit, the following information shall be
submitted by the applicant:

a.

Proof that the proposed tower complies with regulations administered by the
federal aviation administration; and

b.

A report from a state-licensed professional engineer which demonstrates the
tower's compliance with structural and electrical standards.

(6)

Any city cost of testing or verification of compliance shall be borne by the
applicant.

(c)

Fee. The fee to be paid is that prescribed by the council.

(d)

Inspections. Towers may be inspected by an official of the building department
to determine compliance with original construction standards. Deviation from
original construction for which a permit is obtained constitutes a violation
of this section. Notice of violations will be sent by registered mail to the
owner of the tower and the property upon which it is located, who will have 30
days from the date notification is issued to make repairs. Upon completion of
the repairs, the owner shall notify the building inspector that the repairs
have been made.

(Prior Code, § 74-544)

  * Sec. 78-649. - Permitted and conditionally permitted towers.

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(a)

Permitted towers. The following towers are permitted in all zoning districts
if in compliance with the performance standards set forth in section 78-650:

(1)

Towers located in the following locations:

a.

Church sites, when camouflaged as steeples or bell towers;

b.

Park sites, when compatible with the nature of the park; and

c.

Government, school, utility and institutional sites.

(2)

Wall- or roof-mounted towers.

(b)

Tower as conditional use. Towers, other than those listed in subsection (a) of
this section, are permitted in all zoning districts upon issuance of a
conditional use permit as follows: Commercial towers other than those listed
in subsection (a)(2) of this section.

(c)

Conditional use permit standards. The following standards apply to a
conditional use permit for a tower:

(1)

The site must comply with the performance standards set forth in section
78-650.

(2)

No employees of the service providers shall be located on the site on a
permanent basis. Employees may be on the site to perform periodic maintenance.

(3)

If the proposed tower is located in a residential district, documentation must
be included in the application that demonstrates that the tower cannot
reasonably be located in a commercial or industrial district.

(4)

Existing on-site vegetation shall be preserved to the maximum amount
practicable.

(5)

No outdoor storage shall be permitted on the tower site.

(d)

Towers located within boundaries to blend in with surrounding environment.
Towers located within the boundaries of the Mississippi River Corridor
Critical Overlay District shall be designed and constructed to blend in with
the surrounding environment.

(Prior Code, § 74-545)

  * Sec. 78-650. - Performance standards.

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All towers erected within the city must conform to the applicable performance
standards contained in this section.

(1)

Co-location requirements. All towers erected, constructed or located within
the city shall comply with the following requirements: A proposal for a new
tower shall not be approved unless the city council finds that the wireless
telecommunications equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower, building or structure within a
one mile radius, except that the radius shall be one-half mile for towers
between 80 and 120 feet and one-quarter mile for towers under 80 feet of the
proposed tower due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or
approved tower or building, as documented by a licensed professional engineer,
and the existing or approved tower cannot be reinforced, modified, or replaced
to accommodate planned or equivalent equipment at a reasonable cost.

b.

The planned equipment would cause interference materially impacting the
usability of other existing equipment at the tower or building as documented
by a licensed professional engineer and the interference cannot be prevented
at a reasonable cost.

c.

Existing or approved towers or buildings within the radius cannot accommodate
the planned equipment at a height necessary to function reasonably as
documented by a licensed professional engineer.

d.

Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or building.

(2)

Construction and maintenance of towers.

a.

Tower and antenna design requirements. Proposed or modified towers and
antennas shall meet the following design requirements:

1\.

Towers and antennas shall be designed to blend into the surrounding
environment through the use of color and camouflaging architectural treatment,
except in instances where the color is dictated by federal or state
authorities such as the Federal Aviation Administration.

2\.

Towers shall be of a monopole design unless the city council determines that
an alternative design would better blend in to the surrounding environment.
Lattice tower designs may be allowed to facilitate co-location.

3\.

The use of guyed towers is prohibited. Towers must be self-supporting without
the use of wires, cables, beams or other designs.

4\.

The base of the tower shall occupy no more than 500 square feet and the top of
the tower shall be no larger than the base.

b.

Tower construction requirements. All antennas and towers erected, constructed,
or located within the city, and all wiring therefor, shall comply with the
following requirements:

1\.

All applicable provisions of this division must be met.

2\.

Towers shall be certified by a state-licensed professional engineer to conform
to current structural standards and wind loading requirements of the state
building code and the Electronics Industry Association.

3\.

With the exception of necessary electric and telephone service and connection
lines approved by the city, no part of any antenna or tower, nor any lines,
cables, equipment or wires or braces in connection with either shall at any
time extend across or over any part of the right-of-way, public street,
highway, sidewalk, or property line.

4\.

Towers and associated antennas shall be designed to conform with accepted
electrical engineering methods and practices and to comply with the provisions
of the National Electrical Code.

5\.

All signal and remote control conductors of low energy extending substantially
horizontally above the ground between a tower or antenna and a structure, or
between towers, shall be at least eight feet above the ground at all points,
unless buried underground.

6\.

Every tower affixed to the ground shall be protected to discourage climbing of
the tower by unauthorized persons.

7\.

All towers shall be constructed to conform with the requirements of the
occupational safety and health administration.

8\.

Antennas and towers shall not be erected on any protected residential property
as defined in section 78-646 in violation of the following restrictions:

(i)

Notwithstanding the provisions of this division, the required setback for
antennas and towers not rigidly attached to a building shall be equal to the
height of the antenna and tower. Those antennas and towers rigidly attached to
a building, and whose base is on the ground, may exceed this required setback
by the amount equal to the distance from the point of attachment to the
ground.

(ii)

No tower shall be in excess of a height equal to the distance from the base of
the antenna and tower to the nearest overhead electrical power line, which
serves more than one dwelling or place of business, less five feet.

(iii)

Metal towers shall be constructed of, or treated with, corrosive-resistant
material. Wood poles shall be impregnated with rot resistant substances.

(3)

Tower setbacks. Towers shall conform with each of the following minimum
setback requirements:

a.

Towers shall be set back from any property line a minimum distance equal to
the height of the tower.

b.

A tower's setback may be reduced or its location in relation to a public
street varied, at the sole discretion of the city council, to allow
integration of a tower into an existing or proposed structure such as a church
steeple, light standard, power line support device or similar structure.

c.

The minimum distance to a residential structure shall be the height of the
tower plus ten feet.

d.

The tower or associated accessory structures shall not encroach upon any
public easements.

e.

The setback shall be measured from a point on the base of the tower located
nearest the property line to the actual property line.

(4)

Height. The height of towers shall be determined by measuring the vertical
distance from the tower's point of contact with the ground or rooftop to the
highest point of the tower, including all antennas or other attachments. When
towers are mounted upon other structures, the combined height of the structure
and tower must meet the height restrictions of section 78-557.

(5)

Height limitations for towers.

a.

In all protected residential property, towers, including antennas and other
attachments, shall not exceed a maximum height of 60 feet.

b.

In residential property other than protected residential property, the maximum
height of any tower, including antennas and other attachments, shall not
exceed 90 feet.

c.

In all nonresidential zoning districts, the maximum height of any tower,
including antennas and other attachments, shall not exceed 150 feet.

d.

Exceptions to the provisions of this subsection (5) shall be as follows:
Multi-user towers may exceed the height limitations of section 78-557 by up to
20 feet.

e.

Noncompliance of characteristics of antennas and towers created by application
of this division shall not in any manner limit the legal use of the property,
nor in any manner limit the repair, maintenance, or reconstruction of a
noncomplying antenna or tower; however, in no instance shall the degree on
noncompliance be increased except as otherwise permitted by this chapter.

(6)

Tower lighting. Towers shall not be illuminated by artificial means and shall
not display strobe lights unless such lighting is specifically required by the
Federal Aviation Administration or other federal or state authority for a
particular tower. When incorporated into the approved design of the tower,
light fixtures used to illuminate ball fields, parking lots, or similar areas
may be attached to the tower.

(7)

Signs and advertising. The use of any portion of a tower for signs other than
warning or equipment information signs is prohibited.

(8)

Accessory utility buildings. All utility buildings and accessory structures to
a tower shall be architecturally designed to blend in with the surrounding
environment and shall meet the minimum setback requirements of the underlying
zoning district. Ground-mounted equipment shall be screened from view by
suitable vegetation, except where a design of nonvegetative screening better
reflects and complements the architectural character of the surrounding
neighborhood.

(9)

Abandoned or unused towers or portions of towers. Abandoned or unused towers
or portions of towers shall be removed as follows:

a.

All abandoned or unused towers and associated facilities shall be removed
within 12 months of the cessation of operations at the site unless a time
extension is approved by the zoning administrator. In the event that a tower
is not removed within 12 months of the cessation of operations at a site, the
tower and associated facilities may be removed by the city and the costs of
removal assessed against the property.

b.

Unused portions of towers above a manufactured connection shall be removed
within six months of the time of antenna relocation. The replacement of
portions of a tower previously removed shall require the issuance of a new
conditional use permit.

(10)

Antennas mounted on roofs, walls, and existing structures. The placement of
wireless telecommunication antennas on roofs, walls, and existing towers may
be approved by the zoning administrator, provided the antennas meet the
requirements of this division, after submittal of a final site and building
plan as specified in section 78-36, and a report prepared by a licensed
professional engineer indicating the existing structure or tower's suitability
to accept the antenna and the proposed method of affixing the antenna to the
structure. Complete details of all fixtures and couplings, and the precise
point of attachment shall be indicated. Accessory equipment for wall- or roof-
mounted antennas must be located within the principal building or, if located
on the rooftop, must be enclosed.

(11)

Interference with public safety telecommunications. No new or existing
telecommunications service shall interfere with public safety
telecommunications. The city may require that all applications for new service
be accompanied by an intermodulation study which provides a technical
evaluation of existing and proposed transmissions and indicates all potential
interference problems. Before the introduction of new service or changes in
existing service, telecommunication providers shall notify the city at least
ten calendar days in advance of such changes and allow the city to monitor
interference levels during the testing process.

(12)

Lights and other attachments. No antenna or tower on any protected residential
property as defined in section 78-646 shall have affixed or attached to it in
any way, except during time of repair or installation, any lights, reflectors,
flashers, or other illuminating device, except as required by the Federal
Aviation Agency or the Federal Communications Commission, nor shall any tower
have constructed thereon, or attached hereto, in any way, any platform,
catwalk, crow's nest, or like structure, except during periods of construction
or repair.

(13)

Security fencing. Towers shall be provided with security fencing to prevent
unauthorized entry.

(Prior Code, § 74-546)

  * Secs. 78-651—78-663. - Reserved.

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  * DIVISION 4. - WIND ENERGY CONVERSION SYSTEM

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  * Sec. 78-664. - Purpose and intent.

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This division is established to regulate the installation and operation of
wind energy conversion systems (WECS) within the city, not otherwise subject
to siting and oversight by the state under the Minnesota Power Plant Siting
Act, M.S.A. § 216E.001 et seq.

(Prior Code, § 74-560)

  * Sec. 78-665. - Definitions.

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The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:

Commercial WECS means a WECS of 40 kilowatts (KW) or more in total name plate
generating capacity.

Fall zone means the area defined as the furthest distance from the tower base,
in which a tower will collapse in the event of a structural failure.

Feeder line means any power line that carries electrical power from one or
more wind turbines or individual transformers associated with individual wind
turbines to the point of interconnection with the electric power grid; in the
case on interconnection with the high voltage transmission systems, the point
of interconnection shall be the substation serving the WECS.

Meteorological tower means towers that are erected primarily to measure wind
speed and directions plus other data relevant to siting a WECS. For the
purposes of this division, the term "meteorological towers" does not mean
towers and equipment used by airports, the state department of transportation,
or other similar applications to monitor weather conditions.

Nacelle means the part of the WECS that contains the key components of the
wind turbine, including the gearbox, yaw system and the electrical generator.

Noncommercial WECS means a WECS of less than 40 kilowatts (KW) in total name
plate generating capacity.

Rotor diameter means the diameter of the circle described by the moving rotor
blades.

Substations means any electrical facility designed to convert electricity
produced by a wind turbine to a voltage greater than 35,000 volts (35
kilovolts) for interconnection with high voltage transmission lines.

Total height means the highest point, above ground level, reached by a rotor
tip or any other part of the WECS.

Tower means vertical structures that support the electrical generator, rotor
blades, or meteorological equipment.

Tower height means the total height of the WECS, exclusive of the rotor
blades.

Transmission line means those electrical power lines that carry voltages of at
least 69,000 volts (69 kilovolts) and are primarily used to carry electric
energy over medium to long distances rather than directly interconnecting and
supplying electric energy to retail customers.

Wind energy conversion system (WECS) means an electrical generating facility
comprised of one or more wind turbines and accessory facilities, including,
but not limited to, power lines, transformers, substations and meteorological
towers that operate by converting the kinetic energy of wind into electrical
energy. The energy may be used on-site or may be distributed into the
electrical grid.

Wind turbine means any piece of electrical generating equipment that converts
the kinetic energy of blowing wind into electrical energy through the use of
airfoils or similar devices to capture the wind.

(Prior Code, § 74-561)

  * Sec. 78-666. - Application; process; building permits; fees; inspections.

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(a)

Application. Applications for approval to construct a commercial WECS shall
include the following information:

(1)

The names of the project applicant.

(2)

The names of the property owner.

(3)

The legal description and address of the project.

(4)

A description of the project, including the type, name plate generating
capacity, tower height, rotor diameter, and means of interconnecting with the
electrical grid.

(5)

The proposed site layout, including the location of property lines, wind
turbines, electrical wires, interconnection points with the electrical grid,
and all related accessory structures. The site layout shall include distances
and shall be drawn to scale.

(6)

An engineer's certification.

(7)

Documentation of land ownership or legal control of the property.

(8)

The latitude and longitude of individual wind turbines.

(9)

A USGS topographical map, or map with similar date, of the property and
surrounding area, including any other WECS within ten rotor diameters of the
proposed WECS.

(10)

The location of wetlands, scenic and natural areas within 1,320 feet of the
proposed WECS.

(11)

An acoustical analysis.

(12)

A Federal Aviation Administration (FAA) permit application, if applicable.

(13)

The location of all known communication towers within two miles of the
proposed WECS.

(14)

A decommissioning plan.

(15)

A description of potential impacts on any nearby WECS and wind resources on
adjacent properties.

(b)

Process. WECS applications will be processed under the procedures for
applicable approvals contained within this division.

(c)

Building permits.

(1)

It is unlawful for any person to erect, construct in place, place or re-erect,
replace, or repair any tower without first making application to the building
inspections department and securing a building permit therefor as required in
this subsection (c).

(2)

The applicant shall provide, at the time of application, sufficient
information to indicate that construction, installation and maintenance of the
WECS will not create a safety hazard or damage to the property of other
persons.

(3)

Only one tower shall exist at any one time on any one property.

(4)

Before issuance of a building permit, the following information shall be
submitted by the applicant:

a.

Proof that the proposed tower complies with regulations administered by the
Federal Aviation Administration;

b.

A report from a state-licensed professional engineer that demonstrates the
WECS compliance with structural and electrical standards;

c.

A conditional use permit approved by the city.

(5)

Any city cost of testing or verification of compliance shall be borne by the
applicant.

(d)

Fees. The fees to be paid shall be as prescribed by the city council.

(e)

Inspections. Any WECS may be inspected by an official of the building
department to determine compliance with original construction standards.
Deviation from the original construction for which a permit is obtained
constitutes a violation of this section. Notice of violations will be sent by
registered mail to the owner of the WECS and the property owner upon which the
WECS is located, who will have 30 days from the date notification is issued to
make repairs. Upon completion of the repairs, the owner/applicant shall notify
the building official that the repairs have been made.

(Prior Code, § 74-562)

  * Sec. 78-667. - Conditionally permitted and prohibited WECS.

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(a)

Conditionally permitted WECS. Commercial WECS are permitted in all zoning
districts, except as noted in subsection (b) of this section, upon issuance of
a conditional use permit, and are subject to the provisions of section 78-668.

(b)

Prohibited WECS. All WECS are prohibited in the environmental overlay
districts, Mississippi National River Recreation Area (MNRRA) and the Rum
River Wild and Scenic District and are prohibited in the floodplain or shore
land areas. Noncommercial WECS are prohibited in all areas of the city.

(Prior Code, § 74-563)

  * Sec. 78-668. - Performance standards.

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(a)

Safety design standards.

(1)

Engineering certification. For all WECS, the manufacture's engineer or another
qualified engineer shall certify that the turbine, foundation and tower design
of the WECS is within accepted professional standards, given local soil and
climate conditions.

(2)

Clearance. Commercial WECS rotor blades must maintain at least 15 feet of
clearance between their lowest point and the ground.

(3)

Rotor safety. Each commercial WECS shall be equipped with both a manual and an
automatic braking device capable of stopping the WECS operation in high winds
(40 miles per hour or greater).

(4)

Lightning protection. Each commercial WECS shall be grounded to protect
against natural lightning strikes in conformance with the National Electrical
Code.

(5)

Warnings. For all commercial WECS, signs shall be posted on the tower,
transformer and substation warning of high voltage, stating the manufacturer's
name and listing an emergency phone number.

(b)

Standards.

(1)

Total height.

a.

Commercial WECS shall have a total height of no more than 150 feet.

b.

WECS shall not be roof-mounted.

(2)

Tower configuration.

a.

All towers that are part of a WECS, except meteorological towers, shall be
installed with a tubular, monopole type tower.

b.

Meteorological towers may be guyed.

(3)

Setbacks.

_Expand_  
  
+----+-----------------------+-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+-------------------------------------------------------------------------------------------------------------------+
|    | 0                     | 1                                                                                                                                                                                                                                                                                 | 2                                                                                                                 |
|----+-----------------------+-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+-------------------------------------------------------------------------------------------------------------------|
|  0 | nan                   | Commercial WECS                                                                                                                                                                                                                                                                   | Meteorological Towers                                                                                             |
|  1 | Property lines        | 1.1 times the total height plus ten feet                                                                                                                                                                                                                                          | The lesser of the fall zone, as certified by a professional engineer, plus ten feet or 1.1 times the total height |
|  2 | Neighboring dwellings | 1¼ times the total height                                                                                                                                                                                                                                                         | The lesser of the fall zone, as certified by a professional engineer, plus ten feet or 1.1 times the total height |
|  3 | Road rights-of-way    | The lesser of the fall zone, as certified by a professional engineer, plus ten feet or 1.1 times the total height                                                                                                                                                                 | The lesser of the fall zone, as certified by a professional engineer, plus ten feet or 1.1 times the total height |
|  4 | Other rights-of-way   | The lesser of the fall zone, as certified by a professional engineer, plus ten feet or 1.1 times the total height                                                                                                                                                                 | The lesser of the fall zone, as certified by a professional engineer, plus ten feet or 1.1 times the total height |
|  5 | Other structures      | The lesser of the fall zone, as certified by a professional engineer, plus ten feet or 1.1 times the total height                                                                                                                                                                 | The lesser of the fall zone, as certified by a professional engineer, plus ten feet or 1.1 times the total height |
|  6 | Other existing WECS   | To be determined through the CUP review based on relative size of existing and proposed WECS, alignment of WECS relative to predominant winds, topography, extent of wake interference on existing WECS, and other setbacks required; may be waived for multiple turbine projects | nan                                                                                                               |
+----+-----------------------+-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+-------------------------------------------------------------------------------------------------------------------+



(4)

Color and finish.

a.

All wind turbines and towers that are part of a WECS shall be white, grey or
another nonreflective, nonobtrusive color.

b.

Finishes shall be matte or nonreflective.

(5)

Lighting. Lighting, including lighting intensity and frequency of strobe,
shall adhere to but not exceed requirements established by Federal Aviation
Administration (FAA) permits and regulations. No additional lighting, other
than building security lighting, is permitted.

(6)

WECS sites. The design of the buildings and related structures shall, to the
extent reasonably possible, use materials, colors, textures, screening and
landscaping that will blend the WECS to the natural setting and then existing
environment.

(7)

Signs. The manufacturer's or owner's company name or logo may be placed on the
nacelle of the WECS. No other signage, other than as required in this
division, shall be permitted.

(8)

Feeder lines. All communications and feeder lines, equal or less than 34.5
kilovolts in capacity, installed as part of a WECS shall be buried where
reasonably feasible. Feeder lines installed as part of a WECS shall not be
considered an essential service.

(9)

Waste disposal. All solid and hazardous wastes, including, but not limited to,
crates, packaging materials, damaged or worn parts, as well as used oils and
lubricants, shall be removed from the site promptly and disposed of in
accordance with all applicable local, state and federal regulations.

(10)

Maximum vibration and shadow flicker.

a.

No WECS shall produce vibrations through the ground that are humanly
perceptible beyond the property on which it is located.

b.

Commercial WECS shall include a shadow flicker analysis study with the
application submission.

(11)

Discontinuation and decommissioning. A WECS shall be considered a discontinued
use after one year without energy production, unless a plan is developed and
submitted to the city outlining the steps and schedule for returning the WECS
to service.

a.

All WECS and accessory buildings shall be removed in their entirety, including
all footings and foundations, within 90 days of the discontinuation of use.

b.

Each commercial WECS shall submit a decommissioning plan outlining the
anticipated means and cost of removing the WECS at the end of its serviceable
life or upon becoming a discontinued use. The plan shall also identify the
financial resources that will be available to pay for the decommissioning and
removal of the WECS and accessory facilities. The decommissioning plan shall
be submitted as part of the conditional use permit application.

c.

The city may require financial surety in the form of a cash escrow,
irrevocable letter of credit or performance bond to ensure that
decommissioning of the commercial WECS is completed.

(Prior Code, § 74-564)

  * Sec. 78-669. - Other applicable standards.

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(a)

Noise. All WECS shall comply with the MPCA and city standards for noise.

(b)

Electrical codes and standards. All WECS and accessory equipment and
facilities shall comply with the National Electrical Code and other applicable
standards.

(c)

FederalAviation Administration (FAA). All WECS shall comply with FAA standards
and permit requirements.

(d)

Building code. All WECS shall comply with the state building code as adopted
by the state and the city.

(e)

Interference.

(1)

The applicant shall minimize or mitigate interference with electromagnetic
communications, such as radio, telephone, microwaves, or television signals
caused by WECS.

(2)

The applicant shall notify all communication tower operators within two miles
of the proposed WECS location upon application to the city for a permit to
operate a WECS.

(3)

No WECS shall be constructed so as to interfere with public safety
telecommunications.

(Prior Code, § 74-565)

  * Secs. 78-670—78-689. - Reserved.

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  * DIVISION 5. - TRAFFIC ANALYSIS

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  * Sec. 78-690. - Purpose and intent.

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Streets and thoroughfares are an essential component of the city's street
network and are necessary to accommodate the community's health, safety and
welfare and ability to grow and develop in a logical and financially
responsible manner. The purpose and intent of this division is to ensure that:

(1)

Traffic volumes and traffic operations generated by platting, re-platting,
rezoning, a change in use, or new development will not prevent the city from
implementing its then planned street system improvements.

(2)

Traffic volumes and traffic operations generated by platting, re-platting,
rezoning, a change in use, or new development will not negatively impact a
community's existing street system and traffic operations or create safety
hazards.

(3)

New plats, land that is rezoned, or re-platted, a change in use, and new
development will be served and supported by an adequate network of streets and
thoroughfares. Necessary and desirable public rights-of-way for off-site,
abutting and internal thoroughfares will be provided to support new
development at the time of platting, rezoning, re-platting or development of
the land.

(4)

Driveway accessibility or on-site circulation plans for a change in use or new
development will not significantly impact or create safety of traffic
operations on adjacent public streets, or prevent the safe and convenient
circulation of on-site traffic operations.

(5)

Parking demand generated by platting, rezoning, re-platting, a change in use,
or new development will be adequately addressed on-site or in off-street,
satellite parking facilities.

(6)

Opportunities to reduce travel demand or efficiently manage travel demand will
be investigated and implemented.

(Prior Code, § 74-575)

  * Sec. 78-691. - Definitions.

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The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:

Change in use means a use which may create traffic patterns that substantially
differ from traffic patterns of the existing approved use of a building or
land, based upon a consideration of the following:

(1)

Modifications to existing improvements or construction of new improvements.

(2)

The hours, days or seasons during which a use operates.

(3)

The number of employees or staff, occupants, visitors or other persons using
the land, buildings or structures.

(4)

The number of employees or staff, occupants, visitors or other persons using
the land, buildings, or structures.

(5)

The amount or nature of traffic, parking, shipping or deliveries associated
with the use on the premises.

Daily trip ortrips per day means the number of trips a particular land use
will generate within a 24-hour period.

Intersection level of service (LOS) means a measure of delay vehicles will
experience at intersections.

Peak hour trips means the number of trips typically between 7:00 a.m. and 9:00
a.m. (a.m. peak) and between 4:00 p.m. and 6:00 p.m. (p.m. peak) Monday
through Friday, or as may be specifically attributable to the building or land
based upon its particular use.

Roadway LOS means a measure of the volume of traffic a roadway carries in
relation to its capacity to carry traffic.

Traffic impact assessment (TIA) means a study that looks at current and fore-
cast future conditions after a development is implemented. TIAs focus on trip
generation at the site, trip distributions to/from the site, traffic
assignments to/from driveways serving the site, the street adjacent to the
site, driveways (number and locations) serving the site, traffic control
mechanisms at the site driveways, driveway and adjacent intersection levels of
service (LOS), on-site circulation, and parking generation, supply and
configuration.

Traffic impact study (TIS) means a more rigorous study that takes into account
everything in the TIA and additional conditions that are distant from the site
and that occur under specific development scenarios, such as existing
conditions, fore-cast no-build conditions, and fore-cast build conditions.

(Prior Code, § 74-576)

  * Sec. 78-692. - Items to address in traffic analysis.

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Based upon a review of the TIA or TIS and other applicant supplied data, the
planning commission and city council will determine if the proposed rezoning,
platting, re-platting, change of use, or new development plans meet the
following:

(1)

The plans are consistent with the city's then existing planned improvements
and will not prevent the city from moving forward with its plans.

(2)

The plans will not create safety hazards.

(3)

The plans provide for adequate accessibility between the development and the
street system and an adequate on-site circulation system.

(4)

The plans provide for adequate on-site parking (or satellite parking) as
determined by applicable city ordinance.

(5)

The plans include reasonable approaches to reduce or manage travel demand.

(Prior Code, § 74-577)

  * Sec. 78-693. - Traffic impact assessment (TIA).

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A traffic impact assessment is required if a rezoning, re-platting, or change
of use generates between 50 and 99 peak hour trips per peak direction
(entering or leaving), above the trip generation for the use as it existed
prior to the rezoning, re-platting, or change of use, determined by the
greater of the then existing actual trip generation or the latest edition of
the Institute of Transportation Engineers' (ITE) trip generation for the
existing use, or another method approved by the city; or upon the platting,
re-platting or new development of vacant land if the proposed use is expected
to generate between 500 and 749 daily trips.

(Prior Code, § 74-578)

  * Sec. 78-694. - Traffic impact statement.

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A traffic impact statement (TIS) is required to be submitted, rather than a
TIA, if the criteria of section 78-291 is met and the peak hour trips per peak
direction exceed 100 or the daily trips exceed 749\.

(Prior Code, § 74-579)

  * Sec. 78-695. - Elements of traffic analysis.

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The following table lists the major elements to include in each of the two
types of traffic analysis:

ELEMENTS TO INCLUDE IN TRAFFIC ANALYSIS

_Expand_  
  
+----+----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------+----------------------+
|    | 0                                                                                                                                                                                                                                      | 1                         | 2                    |
|----+----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------+----------------------|
|  0 | Element Included in Traffic Analysis                                                                                                                                                                                                   | Traffic Impact Assessment | Traffic Impact Study |
|  1 | Impact Analysis                                                                                                                                                                                                                        | nan                       | nan                  |
|  2 | Describe characteristics and features of adjacent street (street and intersection geometrics; traffic control devices; turn, general traffic, parking, and bike lanes; sight distance; pedestrian accommodations and facilities, etc.) | ✓                         | ✓                    |
|  3 | Pre-development existing conditions along adjacent street and at adjacent intersections (LOS)                                                                                                                                          | ✓                         | ✓                    |
|  4 | Opposing driveway locations and conditions (LOS)                                                                                                                                                                                       | ✓                         | ✓                    |
|  5 | Study area and future road summary                                                                                                                                                                                                     | nan                       | ✓                    |
|  6 | Understanding of the development program and operations for the proposed development                                                                                                                                                   | ✓                         | ✓                    |
|  7 | Trip generation for on-site uses                                                                                                                                                                                                       | ✓                         | ✓                    |
|  8 | Trip distribution analysis                                                                                                                                                                                                             | ✓                         | ✓                    |
|  9 | Background traffic growth                                                                                                                                                                                                              | nan                       | ✓                    |
| 10 | Traffic assignments to driveways and adjacent intersections                                                                                                                                                                            | ✓                         | ✓                    |
| 11 | Site driveway intersection capacity (LOS)                                                                                                                                                                                              | ✓                         | ✓                    |
| 12 | Future conditions at nearby intersections (LOS)                                                                                                                                                                                        | nan                       | ✓                    |
| 13 | Mitigation identifications and analysis                                                                                                                                                                                                | ✓                         | ✓                    |
| 14 | Site Analysis                                                                                                                                                                                                                          | nan                       | nan                  |
| 15 | Number and location of driveways serving the site                                                                                                                                                                                      | ✓                         | ✓                    |
| 16 | Access design and queuing                                                                                                                                                                                                              | ✓                         | ✓                    |
| 17 | On-site circulation                                                                                                                                                                                                                    | ✓                         | ✓                    |
| 18 | Other Analysis                                                                                                                                                                                                                         | nan                       | nan                  |
| 19 | Planned and programmed roadway improvements                                                                                                                                                                                            | nan                       | ✓                    |
| 20 | Planned and approved developments in vicinity of site                                                                                                                                                                                  | nan                       | ✓                    |
| 21 | Traffic impacts of planned/approved developments                                                                                                                                                                                       | nan                       | ✓                    |
| 22 | Traffic analysis (LOS and queue analysis) at distant intersections and roadway segments for:                                                                                                                                           | nan                       | nan                  |
| 23 | Future no-build condition                                                                                                                                                                                                              | nan                       | ✓                    |
| 24 | Future build condition                                                                                                                                                                                                                 | nan                       | ✓                    |
| 25 | Travel demand management and transportation system management techniques (as appropriate)                                                                                                                                              | nan                       | ✓                    |
+----+----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------+----------------------+



(Prior Code, § 74-580)

  * Sec. 78-696. - Required information.

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The following information must be included in the traffic impact assessment:

(1)

Background.

a.

Name of development and developer.

b.

Development location and zoning classification.

c.

Description of study area, setting and features of the area where the
development is proposed to be implemented.

d.

Description of proposed development program and operations (design year and
opening of development, peak days of week and peak times of day, typical
vehicle occupancy, describe patrons as appropriate).

e.

Identify other factors that will bear on traffic (planned/programmed roadway
improvements, other developments proposed/approved for the area, etc.).

(2)

Site plan.

a.

Identify use (residential, commercial, office, institutional, industrial,
etc.).

b.

A detailed description of the proposed use.

c.

A detailed description of the site.

d.

A description of the building footprint and how it sits on the proposed site.

e.

The number and location of access driveways, clearly labeled, and assessed
relative to this chapter.

f.

Parking supply, assessed relative to the chapter.

(3)

Traffic assessment results. The traffic study must include:

a.

Assessment of existing conditions.

1\.

Identify and describe adjacent intersections serving the site.

2\.

Quantify peak hour turning movements.

3\.

LOS at adjacent intersections.

b.

Assessment of post development conditions.

1\.

Trip generation, trip distribution, traffic assignment to driveways and
adjacent intersections.

2\.

LOS at driveways and at adjacent intersections.

(4)

Summary of findings.

a.

Observations.

b.

Conclusions.

c.

Recommendations.

(Prior Code, § 74-581)

  * Sec. 78-697. - Specific elements of traffic impact study.

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The following items include information to be included for specific elements
of the traffic impact study:

(1)

Background.

a.

Name of development and developer.

b.

Development location and zoning classification.

c.

Description of study area, setting and features of the area where the
development is proposed to be implemented.

d.

Description of proposed program and operations (design year and opening of
development, peak days of week and peak times of day, typical vehicle
occupancy, describe patrons as appropriate).

e.

Identify other factors that will bear on traffic (planned/programmed roadway
improvements, other developments proposed/approved for the area, etc.).

(2)

Site plan.

a.

Identify use (residential, commercial, office, institutional, industrial,
etc.).

b.

A detailed description of the proposed use.

c.

A detailed description of the site.

d.

A description of the building footprint and how it sits on the proposed site.

e.

The number and location of access driveways, clearly labeled, and assessed
relative to this chapter.

f.

Parking supply, assessed relative to this chapter.

g.

Describe bicycle parking supply, assess relative to this chapter.

(3)

Existing traffic conditions.

a.

Define the existing condition.

b.

Show existing two-way daily traffic and comment on roadway LOS.

c.

Identify existing driveways adjacent to or opposing proposed driveways,
describe any traffic operations issues, recommend and test mitigations to
address issues.

d.

Show existing peak hour turning movements at intersections that will be
affected by the proposed development.

e.

Conduct existing intersection capacity analysis and report existing LOS and
storage issues.

f.

Recommend and test mitigation measures to ensure either minimum LOS D under
existing conditions and adequate storage, or a LOS no worse than the lowest
LOS for the affected intersection at any time.

(4)

Future no-build conditions.

a.

Define the no-build condition, including any significant changes in land use
in the vicinity of the proposed development and any changes in the roadway
network that will have taken place since the existing condition.

b.

Conduct analysis to fore-cast no-build, two-way daily traffic and comment on
roadway LOS.

c.

Re-visit existing driveways adjacent to or opposing proposed driveways,
describe traffic operations issues relative to fore-cast two-way daily
traffic, recommend and test mitigations to address issues.

d.

Conduct analysis to fore-cast no-build peak hour intersection turning
movements.

e.

Conduct fore-cast no-build intersection capacity analysis and report LOS and
storage issues.

f.

Recommend and test mitigation measures to ensure either minimum LOS D or a LOS
no worse than the lowest LOS for the affected intersection at any time under
fore-cast no-build conditions and adequate storage.

(5)

Future build conditions.

a.

Define the build condition.

b.

Conduct analysis to quantify the effects of the build condition:

1\.

Trip generation analysis using the latest edition of trip generation,
institute of transportation engineers, account for pass-by and multi-purpose
trips, provide credit for transit trips.

2\.

Trip distribution analysis using an approved approach (population within
traffic analysis zones, households within traffic analysis zones, two-way
daily traffic on roadways serving the site, etc.).

3\.

Assign traffic to driveways and roadways serving the site in accordance with
outcomes from the trip distribution analysis.

c.

Revisit existing driveways adjacent to or opposing proposed driveways,
describe traffic operations issues relative to fore-cast two-way daily
traffic, recommend and test mitigations to address issues.

d.

Add assigned traffic to no-build condition intersection turning movements to
derive build condition intersection turning movements.

e.

Conduct fore-cast build intersection capacity analysis and report LOS and
storage issues.

f.

Recommend and test mitigation measures to ensure either minimum LOS D or a LOS
no worse than the lowest LOS for the affected intersection at any time under
fore-cast no-build conditions and adequate storage.

g.

Quantify fore-cast build condition, two-way daily traffic and comment on LOS.

(6)

On-site circulation.

a.

Describe location of access routes, relative to driveways and front and rear
doors of buildings.

b.

Describe locations of dumpsters and delivery/loading docks and how service
vehicles will circulate and maneuver.

(7)

On-site parking.

a.

Describe proposed parking supply.

b.

Assess proposed supply against required parking supply in this chapter.

c.

Describe rationalization if there is a discrepancy between proposed and
required supplies. Quantify parking generation (demand) per the latest edition
of the ITE, ULI, or other recognized source.

d.

Recommend an approach to resolve discrepancy.

e.

Describe proposed bicycle parking supply relative to this Code and how
bicycles will circulate to bike parking racks.

(8)

Travel demand management. Identify, as appropriate, approaches to reduce
travel demand and how they might be applied.

a.

Transit.

b.

Carpool.

c.

Employer sponsored vanpool.

d.

Employer incentives.

e.

Bike and bike facilities.

f.

Pedestrian and pedestrian facilities.

(9)

Summary of findings.

a.

Observations.

b.

Conclusions.

c.

Recommendations.

(Prior Code, § 74-582)

  * Sec. 78-698. - Exception to the regulations within this division.

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The city recognizes that there is very little that can be done to expand
capacity and improve traffic operations beyond incremental operational changes
(adjusting signals, adding operational control devices, (i.e., stop signs) in
the downtown. As such, a change of use for existing properties in the downtown
area where parking is not required does not require a traffic analysis. Staff
may perform a traffic trip generation analysis to monitor the need for
improvements in the street system. New development in this area, however, must
meet the standards of this division to the extent applicable.

(Prior Code, § 74-583)

  * Secs. 78-699—78-719. - Reserved.

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__Secs. 78-524—78-553. - Reserved. ARTICLE X. - NONCONFORMING USES AND
DIMENSIONALLY SUBSTANDARD STRUCTURES __

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