CITY OF COON RAPIDS, MINNESOTA
CHAPTER 11-1800
GENERAL DISTRICT STANDARDS

11-1801 Compliance.

(1) All future development shall be required to meet the standards of this Chapter. These standards shall also apply to existing development where so stated. No structure shall be erected, substantially altered, or its use changed unless in compliance with the provisions of this Chapter.
(2) No property shall be used in a manner that violates the standards of this chapter.
(3) Violation of these standards shall be determined by the Director of Community Development, the Chief Building Official, or the City Engineer. The official shall serve, personally or by certified mail, written notice of the alleged violation to those responsible. If those responsible cannot be determined or located, the property owner shall be held responsible. The notice shall describe the alleged violation and shall require correction thereof within a stated time.

In matters where technical complexity or great expense makes it difficult to determine if a violation has occurred, the City may retain the necessary personnel to make a determination of the existence of the violation. If a violation is found, the cost of the determination shall be paid by the violator, in addition to such penalties as may be appropriate.

STANDARDS FOR PARKING, DRIVING, LOADING, AND OPEN STORAGE AREAS ACCESSORY TO INSTITUTIONAL, COMMERCIAL, INDUSTRIAL, QUAD, TOWNHOUSE, MOBILE HOME, AND MULTIPLE DWELLING USES

11-1802 Location.

(1) Each use shall, at a minimum, provide the number of parking, loading, and stacking spaces required in Section 11-1809. Such spaces shall be located:

(a) On the same lot or tax parcel or within the same common interest community as the use they serve, or [Revised 6/1/01, Ordinance 1728]
(b) On an adjoining lot or tax parcel to the use they serve, provided:

i. The parking area serves more than one use,
ii. No public street separates the parking spaces and the uses, and
iii. A recorded legal instrument, approved by the City Attorney, provides for the perpetual joint use and maintenance of the parking area.

(2) Spaces on a public street may not be counted toward the minimum requirements. [Revised 6/1/01, Ordinance 1728]

11-1803 Access and Driveways.

(1) No parking or loading space shall directly access a public street. All parking, driving, open storage, and loading areas shall be designed so that any vehicle entering or leaving such areas shall be traveling forward. Driveways shall be located so any vehicle entering or leaving a parking, open storage, or loading area shall be clearly visible to oncoming motorists or pedestrians.
(2) Driveways shall have a maximum width within the boulevard of thirty six (36) feet in an Industrial District and thirty (30) feet in all other districts and a minimum width within the boulevard of fourteen (14) feet for one-way traffic, and twenty-four (24) feet for two-way traffic, all excluding entrance radii. [Revised 9/05/00, Ordinance 1707][Revised 6/1/01, Ordinance 1728]
(3) Notwithstanding 11-1803 (1) and (2), a design may allow vehicles leaving tandem parking spaces or attached garage spaces accessory to dwelling units to back onto a public street other than a Class I, II, or III arterial public street. Driveways for such parking spaces shall have a minimum width within the boulevard of ten (10) feet per garage to a maximum of forty-eight (48) feet per driveway, both excluding the entrance radii. [Revised 6/1/01, Ordinance 1728]

11-1804 Circulation.

(1) Parking, driving, open storage areas, and loading and street approaches shall be designed to preclude traffic congestion and promote the safe and efficient movement of vehicular and pedestrian traffic on and adjacent to the site. Drives shall allow continuous circulation within the paved area. Truck traffic shall, and other traffic shall unless no other arrangement is possible, be excluded from residential streets. Within the site, service traffic shall be separated from customer traffic.
(2) Parking and loading areas shall be designed so that vehicles are parked in an orderly pattern. All parking and loading spaces shall be striped. The design shall include traffic safety islands, barriers, planting strips, signs, markings, or other methods of traffic control as necessary for vehicular and pedestrian safety. Fire lanes shall be installed and marked as required by the Fire Chief.

11-1805 Paving. All parking, driving, loading, and open storage areas shall be paved in accordance with specifications on file in the office of the Chief Building Official. The paved areas shall be designed to prevent any damage to adjacent properties by surface water runoff and to minimize the amount of paved area on a site. Pavement may be deleted on any portion of an open storage area which is used for the storage of heavy equipment that would damage pavement. [Revised 6/1/01, Ordinance 1728]

11-1806 Curbing.

(1) Concrete curb or curb and gutter shall be used around the entire perimeter of the paved areas required under Section 11-1805 and around any traffic safety or landscape islands. Bituminous curb may be substituted for concrete curb for those portions of the perimeter where expansion of the paved area may occur. Curb may be deleted for low use portions of parking and driving areas for quads, townhouses, multiple dwellings, and public utility buildings. All dimensions including, but not limited to, setbacks, driveway widths, and parking space widths shall be measured from the face of the curb, not the back of the curb. [Revised 6/10/93, Ordinance 1452][Revised 6/1/01, Ordinance 1728]
(2) Notwithstanding 11-1806(1), concrete curb and gutter shall be used where a gutter is required for drainage purposes.
(3) A sidewalk may be substituted for a curb when the parking lot directly abuts the sidewalk and the grade of the sidewalk is at least six (6) inches above the grade of the paved area.
(4) Curbs or curb and gutter shall be constructed according to standards on file in the office of the Chief Building Official.
(5) Notwithstanding 11-1806(1), upon approval of the Planning Commission a fence may be substituted for a curb if all of the following conditions are met:

(a) The area enclosed by the fence is used solely for the storage of vehicles or other items in conjunction with a commercial, industrial or institutional use.
(b) The entire area used for storage is enclosed by fence or building.
(c) The enclosed area is located in the side or rear yard of the principal structure.
(d) The enclosed area is not used for the parking of customer or employee vehicles.
(e) The fence is at least 80% opaque, is at least six feet in height and is constructed of masonry, cedar, redwood, treated lumber or other durable material approved in advance by the City.
(f) The fence shall be located no more than twelve inches from the edge of the paved area.
(g) Gates meeting the same requirements as a fence are provided at all openings in the enclosure. Gates shall be open only to permit the passage of vehicles, other items or individuals into or out of the enclosure in conjunction with the operation of the use. Gates shall remain closed at all other times.
(h) Curb and gutter is not required for drainage purposes.
(i) Curb is not required to protect landscaping from snow removal operations.
(j) Movement of vehicles and other items within or into the fenced area is restricted to employees of the use or of delivery services for the use.
(k) Such other conditions as the Planning Commission may determine are reasonably necessary to meet the intent of this Code.
(l) Upon the failure of any party to conform to the conditions provided for herein, the Planning Commission may amend or revoke its approval. Any party whose approval has been revoked by the Planning Commission shall be subject to the provisions of Sections 11-1806(1). Any person aggrieved by the decision of the Planning Commission may appeal that decision to the City Council in the same manner as an appeal from an application for Conditional Use Permit under Section 11-315. [Revised 6/10/93, Ordinance 1452]

11-1807 Lighting. Parking, loading, and stacking spaces shall be illuminated to a minimum level of one (1) footcandle at ground level over the entire surface of the paved area, provided that additional lighting may be required as necessary for safety and security. [Revised 6/1/01, Ordinance 1728]

11-1808 Stall, Aisle, Stacking and Loading Space Dimensions. Stall, aisle, stacking and loading spaces shall be constructed to the following minimum specifications:

(1) Standard Parking Stalls.

Stall length for 90, 60, and 45 degree angles parking stalls may be reduced by the amount of the curb overhang up to a maximum of two (2) feet. [Revised 6/1/01, Ordinance 1728]

(2) Accessible Parking Stalls. Accessible parking spaces shall be provided according to Chapter 1341 of Minnesota Rules (the Minnesota Accessibility Code). [Revised 6/1/01, Ordinance 1728]
(3) An off-street loading or stacking space shall be a minimum of 12 feet wide, 50 feet long and 15 feet high, unless the maximum size of trucks used does not necessitate such space. [Revised 6/1/01, Ordinance 1728]
(4) A stacking space shall be a minimum of 12 feet wide and 25 feet long. [Revised 6/1/01, Ordinance 1728]

11-1809 Private Streets. Private streets shall be a minimum of 24 feet wide when intended for two-way traffic and 14 feet wide when intended for one-way traffic. [Revised 6/1/01, Ordinance 1728]

11-1810 Minimum Number of Parking Spaces Required.

(1) Beauty parlors, barber shops, and tanning salons: two (2) spaces for each shop chair or tanning bed.
(2) Bowling alleys: five (5) spaces per lane.
(3) Builders’ showrooms: one (1) space for each six hundred (600) square feet of showroom floor area.
(4) Churches, theaters, auditoriums, mortuaries, arenas, dance halls, and other places of assembly: one (1) space for each three (3) fixed seats or for each five (5) feet of pew or bench length, or if there is no fixed seating, for each three persons allowed by the occupancy load as determined by the Fire and Building Codes.
(5) Drive-in facilities, or motor vehicle washes: six (6) stacking spaces per service window or wash bays.
(6) Financial institutions: one (1) space per three hundred (300) square feet of floor area.
(7) Furniture (including accessories), floor covering, or large household appliances sales: one (1) space for each six hundred (600) square feet of retail floor area provided that the business is devoted exclusively to the retail sales of furniture, floor covering, and/or large household appliances. [Revised 8/7/02, Ordinance 1779]
(8) Golf courses: two (2) spaces per hole.
(9) Industrial and wholesaling uses: one (1) space for the largest number of employees on site on one (1) shift, one (1) space for each vehicle used in the business, plus handicapped spaces required by State law. Area must be available on the site to provide (if needed) one (1) space for every 500 square feet of floor area.
(10) Kindergartens, child care centers. Nursery schools, and similar uses: One and a quarter (1.25) parking spaces per employee based on the largest shift plus one (1) drop-off space adjacent to the main entrance per twenty-five (25) children based on the licensed capacity of the facility.
(11) Medical and dental clinics and offices: one (1) space for each two hundred fifteen (215) square feet of floor area.
(12) Motels and hotels: one (1) space per lodging room, one (1) space for each employee on the largest shift, plus one (1) space for every forty (40) square feet of meeting or banquet space without fixed seating.
(13) Office uses: one (1) space per each three hundred (300) square feet of floor area.
(14) Outdoor sales and open sales lots: one (1) space for each four hundred (400) square feet of merchandise area.
(15) Restaurants and clubs without liquor: one (1) space for every 2-1/2 seats plus one (1) space for every forty (40) square feet of banquet or meeting area without fixed seating.
With liquor: one (1) space for every two (2) seats plus one space for every forty (40) square feet of banquet or meeting area without fixed seating. In addition, one (1) space shall be provided for each employee during the largest work shift. [Revised 6/06/00, Ordinance 1695]
(16) Retail sales: one (1) space for each two hundred (200) square feet of retail floor area in the Community Commercial or Neighborhood Commercial districts. One (1) space for each one hundred eighty (180) square feet of retail floor area in other districts.
(17) Service stations: two (2) spaces for each service bay, one (1) space for each fuel pump, and one (1) space for each vehicle used in the business.
(18) Vehicle sales or rental: one (1) space for each ten (10) vehicles displayed.
(19) Other uses: requirements for other uses shall be based on the parking requirements for similar uses and the needs of the proposed use.
(20) Additional parking spaces or reservation of area for additional parking spaces shall be required for reasons including, but not limited to, shift overlapping and visitor parking. [Revised 3/22/94, Ordinance 1485][Revised 6/1/01, Ordinance 1728]

11-1811 Maintenance and Use.

(1) The surface and curbs of all parking, driving, and loading areas shall be maintained in good condition, and remarked or striped when worn or faded.
(2) Parking, driving, and loading areas shall be kept clear of trash and debris.
(3) Lighting for parking, driving, and loading areas shall be kept in good working order. Broken or burned-out lightbulbs shall be replaced within 24 hours.
(4) No vehicle, trailer, or truck, truck-tractor, semitrailer, or special mobile equipment as defined by Section 11-1827(2)(b), (c), or (d), and (e), may be driven, towed or parked off a paved surface except as provided by Section 11-1805.[Revised 6/1/01, Ordinance 1728]

11-1812 Nonconforming Parking, Driving, Loading, and Open Storage Areas. Nonconforming parking, driving, loading and open storage areas shall be allowed to continue, but shall not be rebuilt, replaced or altered without being brought into compliance with the requirements of this Chapter. Parking spaces approved before June 1, 2001 may be reconstructed without being enlarged if the enlarged parking area would not comply with setback requirements or would require reconstruction of a principal structure. The owner of a parking lot that has fewer parking spaces than required by this Chapter shall, upon notification by the Director of Community Development, add enough spaces to conform to this chapter within one (1) year of notice. [Revised 6/1/01, Ordinance 1728]

11-1813 through 11-1820 [Repealed 11/10/87, Ordinance 1143]

CIRCULATION

11-1821 Land Dedication. The City Council may require a developer to dedicate land planned for public streets and service drives before a building permit may be issued. The purpose of such dedication would be to assure safe and efficient traffic circulation.

11-1822 Structure Impeding Street Extension. No building permit shall be approved for any structure at the end of a street which would impede the further extension of such street. This provision shall apply only to dead-end streets and streets possessing temporary cul-de-sacs. It shall not apply to permanent cul-de-sacs.

11-1823 Semitrailer and Container Storage.

(1) Purpose. The City Council finds that the use of semi-trailers and ground level storage containers for the storage of goods and materials is unsightly, causes public safety concerns, circumvents the intent of the City Code regarding exterior storage, and is detrimental to surrounding property values. The reasonable control of the use of such semitrailer and containers is therefore necessary to protect the public health, safety, and general welfare.
(2) Except as provided below, it shall be illegal to park, store, or maintain, or permit to be parked, stored, or maintained on any property a semitrailer, a ground level storage container, or similar container.

(a)This section shall not apply to:

i. semitrailers parked at or cued for an approved loading dock or, in the absence of a loading dock, which are being actively loaded or unloaded in Neighborhood, Community, Regional and General Commercial and Industrial Zoning Districts and at institutional uses in residential zoning districts;
ii. semitrailers located in parking spaces which have received Site Plan Review approval specifically for such use in the Industrial Zoning District;
iii. semitrailers parked, stored or maintained in an approved, screened open storage area in the Industrial Zoning District; and
iv. semitrailers and ground level storage containers being used as part of an active development, redevelopment, construction, reconstruction, or remodeling project, provided that the container or trailer is removed within five (5) business days after completion of the project or within five (5) business days after the project has been inactive for a period of 30 consecutive calendar days.

(b) For the purposes of this Section, the term “cued for” shall meaning waiting to be immediately moved into a loading dock as soon as a dock is available.

(3) Definitions. For the purposes of this Section, the terms “semitrailer” and “ground level storage container” shall mean:

(a) Semitrailer. “Semitrailer” means a vehicle of the truck type so designed and used in conjunction with the truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor and shall include a trailer drawn by a truck-tractor, semitrailer combination.
(b) Ground level storage container. “Ground level storage container” means any container similar in design to a semitrailer, but not equipped with wheels for travel on a public roadway and which is delivered to the site preassembled, and with or without a ground-level entrance, excluding containers designed and used for the storage of garbage, trash, rubbish, recycling, and similar materials in conformance with the City Code.

(4) The regulations of this Section include the streets adjacent to such uses.
(5) Community Service Officers may issue citations for violations of this section, provided, that no Community Service Officer may require a person served to sign a promise to appear with respect to any such citation.
(6) Effective Date. The effective date of this ordinance shall be April 01, 2001, and shall apply to the parking, storage, or maintenance of semitrailers and ground level storage containers from and after that date. [Revised 12/21/99, Ordinance 1684]

11-1824 [Repealed 11/10/87, Ordinance 1143]

11-1825 Visibility at Intersections.

(1) A minimum sight triangle shall be established on each corner lot at every street intersection through which motorists shall have reasonable unobstructed view.
(2) The minimum sight triangle shall be defined as a triangle located at the corner of intersecting streets. The adjacent sides shall be located along the curb line, or gutter line of streets without curb and gutter, of the intersecting streets and shall be 50 feet in length. The third side shall be a straight line joining the end points of the adjacent sides.
(3) The City shall have the authority to order removal of vision obstructions located within the minimum sight triangle.
(4) A vision obstruction is defined as any object, living or inanimate, which materially obstructs visibility within this minimum sight triangle between the heights of two and one-half (2-1/2) and ten (10) feet above the center line grade of the intersecting streets.
(5) Obstructions shall be removed within a reasonable period of time as determined by the City Engineer which time shall not exceed 90 days after written notice is given by the City Engineer to the property owner of record.
(6) Visual obstructions which are not removed may be justification for installation of a traffic control device.
(7) An appeal from the Engineer’s order to remove a vision obstruction may be made by the aggrieved party to the Safety Commission. The appeal shall be filed in writing with the City Manager within ten (10) days after receipt of the order to remove the obstruction. The City Manager shall refer the appeal to the Chairperson of the Safety Commission within seven (7) days after receipt of the appeal. The appeal shall be placed on the agenda of the next regularly scheduled Commission meeting, unless a special meeting of the Commission is called by the Chairperson. Notification of the time and place of the meeting shall be given to the property owner. Within thirty (30) days after the hearing the Safety Commission shall make its recommendation in writing to the City Council. Such recommendation shall take into account whether a vision obstruction exists in a sight triangle, the implications for traffic and pedestrian safety because of the alleged hazard, to what extent the hazard remains even after the vision obstruction is removed, the availability of less burdensome means to reduce or eliminate the hazard and the means by which the vision obstruction can be eliminated. At its next available regular meeting following its receipt of the Safety Commission’s written recommendation, the City Council shall affirm, repeal, or modify the order of the engineer.

11-1826 Sidewalks. A sidewalk shall be provided with any new development along any street designated on the City Sidewalk Plan, on any arterial or collector street, or where required by the City Council as part of a permit, rezoning, or subdivision plat. With regard to collector or arterial streets which are adjacent to or extend through the interior of industrial parks, the Council, upon petition of the owner or developer, may postpone the construction of such sidewalks until such time as the Council may determine the need for sidewalks on one or both sides. Such determination shall be based upon, but not limited to, consideration of the following factors: the presence of labor-intensive industry; access to public transportation; anticipated frequent use by pedestrians.

VEHICLE STORAGE IN RESIDENTIAL DISTRICTS

11-1827 Truck and Trailer Storage.

(1) Except as provided below, it shall be illegal to park or store, or permit to be parked or stored on residential property a truck licensed for more than 9,000 pounds gross vehicle weight, a truck-tractor, a semitrailer, or special mobile equipment.

(a) This section shall not apply to major recreational equipment as defined in Section 11-1828(1), to any motor vehicle which is being actively loaded or unloaded or which is being utilized to render a service.
(b) One (1) truck licensed for more than 9,000 pounds gross vehicle weight or one (1) truck-tractor per dwelling unit may be parked on residential property, provided that the vehicle is owned or operated by a resident of the property, any such vehicle is parked on the paved portion of the driveway or private parking lot of such residential property, and, provided further, that the engine of any such vehicle shall not be allowed to idle for more than a total of one (1) hour within any six (6) hour period.

(2) Definitions. For the purposes of this Section, the terms “residential property,” “truck,” “truck-tractor,” “semitrailer,” and “special mobile equipment” shall mean:

(a) Residential property. “Residential Property” shall include all properties zoned or primarily used for residential purposes.
(b) Truck. “Truck” means any motor vehicle designed, used, or maintained primarily for the transportation of property and not for the carrying of passengers.
(c) Truck-tractor. “Truck-tractor" means any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(d) Semitrailer. “Semitrailer” means a vehicle of the truck type so designed and used in conjunction with the truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor and shall include a trailer drawn by a truck-tractor, semitrailer combination.
(e) Special mobile equipment. “Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditchdigging apparatus, moving dollies, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors, other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, power shovels, draglines, self-propelled cranes, and earth-moving equipment.

(3) The regulations of this Section include the streets within and adjacent to such subdivisions.
(4) Community Service Officers may issue citations for violations of this section, provided, that no Community Service Officer may require a person served to sign a promise to appear with respect to any such citation. [Revised 5/2/95, Ordinance 1529]

11-1828 Major Recreational Equipment In Residential Districts.

(1) Definition. Major recreational equipment includes, but is not  limited to: travel trailers, boats, converted busses, coaches, pickup campers, campers, motorized dwellings, race cars, and dune buggies. It does not include vehicles used predominantly for domestic or employment-related transportation.
(2) Standards. Major recreational equipment in a residential district shall conform to the following standards:

(a) No major recreational vehicle may be used for living, sleeping, or housekeeping purposes on the premises, except that one (1) major recreational vehicle not exceeding the limitations of 11-1828(2)(d) allowed for occasional living purposes, not to exceed three (3) days per thirty (30) day period, to accommodate visitors, provided the vehicle is parked on private property. 
(b) Major recreational equipment stored outside must be in a condition for the safe and effective performance of its intended function or repaired to put such equipment in such condition. Equipment being repaired may not be stored longer than 20 days.
(c) Maximum Number: Two (2) major recreational vehicles per residential dwelling unit whether stored inside or outside a building.
(d) Size limitations for major recreational equipment parked or standing in residential districts more than 12 hours:

i. Maximum Height: Thirteen and one half feet (13.5) measured from the ground to the highest point on the vehicle at the recommended tire pressure.  For the purposes of measuring height, all accessories, attachments, and material carried on the vehicle shall be considered part of the vehicle. 
ii.  Maximum Length: Forty-five feet (45), measured from the longest point on the vehicle or if a trailer, the horizontal distance between the front and rear edges of the trailer bed.  For the purposes of measuring length, all accessories, attachment, and material carried upon a vehicle is considered a part of the vehicle or trailer bed.
iii.  Maximum Width: Eight and a half feet (8.5) in width, measured from the widest point on the vehicle or, if a trailer, the horizontal distance between the left and right edges of the trailer bed.  For purposes of measuring width, all accessories, attachments, and material carried upon a vehicle is considered a part of the vehicle or trailer bed.

11-1829 Number of Vehicles.

(1) The number of vehicles on a residential parcel may exceed by only two (2) the number of persons with valid drivers licenses residing on the premises. The following vehicles shall be exempted from this requirement:

(a) Temporary visitor parking.
(b) Major recreational vehicles.
(c) A maximum of two (2) collector vehicles registered as pioneer, classic, collector or street rod vehicles. The collector plates must be displayed on the vehicle.
(d) Trailers, trucks, and other vehicles used in loading, unloading, maintenance, or construction on the premises.
(e) Two- (2) or three- (3) wheeled vehicles.

(2) It shall be illegal to park or store or permit to be parked or stored any vehicle on undeveloped residential property. This provision shall not apply to vehicles used in conjunction with City approved projects. [Revised 9/01/92, Ordinance 1428]

JUNK VEHICLES

11-1830 Definition. A junk vehicle shall include any motor vehicle or trailer which is not in an operable condition, which is partially dismantled, which is used for the sale of parts or as a source of repair and replacement parts for other vehicles or which is kept for scrapping, dismantling, or salvage. The following vehicles shall not be considered junk vehicles:

(1) An unlicensed vehicle for sale in an automobile sales lot; and
(2) A collector vehicle registered as a pioneer, classic, collector or street vehicle, as defined in M.S.A. 168.10, if actively being restored. [Revised 9/01/92, Ordinance 1428]

11-1831 Residential Property.

(1) The parking, storage, repairing, dismantling, demolition, or abandonment of junk vehicles or part thereof on a residential property is prohibited, except that a resident of the premises may repair one (1) vehicle on the property if the vehicle is owned by a resident and such repair does not exceed 20 days.
(2) The parking or storage of a motor vehicle, other than a junk vehicle or major recreational equipment, on residential property is prohibited unless the vehicle is displaying current registration, or is exempt from registration under Minnesota State law, and the property around the vehicle is kept mowed and free of debris. Such vehicles shall be included in the number of permitted vehicles under Section 11-1829. [Revised 9/01/92, Ordinance 1428]

11-1832 Other Property. For other property, the parking, storage, or maintenance of junk vehicles is allowed only if incidental to a permitted use and if the vehicles are being actively repaired. Such vehicles shall be stored within an enclosed building or be so screened that they are not visible from public streets or adjoining properties. [Revised 9/01/92, Ordinance 1428]

SCREENING

11-1833 Screening shall satisfy the requirements of Sections 11-1834 through 1837 and the requirements of the current version of the Landscape Standards on File in the Office of the Community Development Director. [Revised 10/7/03, Ordinance 1816][Revised 12/16/03, Ordinance 1828]

11-1834 Residential Uses.

(1) Where any multiple-family use with more than four (4) parking spaces adjoins another residential use, the off-street parking for such use shall be screened from adjoining properties. Parking for two-family homes is exempt from this requirement. [Revised 12/16/03, Ordinance 1828]
(2) The light from automobile headlights and other sources shall be screened whenever it may be directed onto residential windows to the extent that it will cause an unreasonable disturbance.

11-1835 All Districts.

(1) Exterior storage of goods or materials which unreasonably annoys or endangers the property values of surrounding property users shall be screened.
(2) All parking areas containing more than four (4) spaces which adjoin a public street shall be screened. [Revised 12/16/03, Ordinance 1828]

11-1836 Trash and Recycling Storage Screening. Trash, recycling, and similar containers provided in conjunction with institutional, public, commercial, or industrial uses, or with residential uses where a common collection location is designated for three (3) or more dwelling units shall be screened by a masonry enclosure constructed on three (3) sides with materials compatible with the exterior materials of the principal structure being served by the enclosure. For all residential uses where such screening is required, the fourth side shall consist of a durable gate. For all other uses requiring such screening, a durable gate shall be provided where the open side of the enclosure is visible from a public street or from an abutting residential zoning district. All gates shall provide 100 percent opaqueness and shall be constructed in conformance with standards on file in the office of the Community Development Director. Enclosures for trash, recycling, and similar containers must be of sufficient size to accommodate the containers and any mechanical means of servicing the containers. Screening enclosures shall be located in the side or rear yard of the property in such a manner as to provide easy access thereto, and shall conform to the setback requirements for accessory structures. Screening enclosures may be attached to principal or accessory structures with Fire Department approval. Screening enclosures shall be maintained in a good condition. [Revised 11/5/97, Ordinance 1618][Revised 12/16/03, Ordinance 1828]

11-1837 Mechanical Screening. Except for mobile homes, townhouses, and single- and two-family homes, all mechanical equipment on the ground or roof, such as heating and air conditioning, shall be screened, located or painted so as not to be readily visible from public streets or adjoining property. Screening structures, if used, shall be designed and constructed of a material that is compatible with the principal building. [Revised 12/16/03, Ordinance 1828]

11-1838 Screening Materials and Maintenance.

(1) Requirements. The screening requirements of Sections 11-1833 through 11-1837 shall be satisfied by the use of one or more of the following:

(a) Screening Fence. A screening fence or wall at least six (6) feet in height, or of sufficient height to completely block the view of items within the screening fence enclosure from surrounding properties, with a minimum opaqueness of 80 percent. The fence shall be constructed of wood, masonry or other durable material and shall be compatible with the principal building and surrounding properties. Screening fences shall be painted or stained, whenever necessary, to prevent fading, chipping or discoloration. Damaged or destroyed fences shall be repaired or restored. [Revised 12/16/03, Ordinance 1828]
(b) Planting Screen. A planting screen consisting of a row of evergreen trees planted ten (10) feet on center in two parallel rows. When planted, the evergreen trees shall have a minimum height of six (6) feet. The planting screen shall be maintained in a neat and healthy condition. Dead trees shall be replaced. [Revised 12/16/03, Ordinance 1828]
(c) Berm. A berm no less than six (6) feet in height with a side slope of no greater than one and one-half (1-1/2) to two (2). The berm shall be sodded. Slopes greater than one and one-half (1-1/2) to one (1) may be used if the slopes are stepped using retaining walls. Plant materials resistant to erosion may be substituted for sod with the approval of the Planning Commission. Dead sod or plant materials shall be replaced. [Revised 12/16/03, Ordinance 1828]
(d) Parking Areas. Except in the River Rapids Overlay and Port Districts where Sections 11-2711(13)(b)(I) and (ii) shall apply, a continuous hedge or sodded berm not less that three (3) feet in height. [Revised 12/16/03, Ordinance 1828]
(e) Others. Topography, existing vegetation, permanent buildings, or other barriers may be substituted for the above if, the Planning Commission finds, they provide equivalent screening. [Revised 12/16/03, Ordinance 1828]
(f) Maintenance. The owner or occupant of the premises shall maintain screening in good condition. Screening fences shall be promptly repaired, replaced or refinished as necessary. All diseased, damaged or dead sod and plant materials shall be promptly replaced with the same materials or equivalent materials approved by the Community Development Director. [Revised 12/16/03, Ordinance 1828]

(2) The Planning Commission or, where required by this Title, the City Council, with a recommendation from the Planning Commission, shall approve how the screening requirement shall be satisfied. [Revised 12/16/03, Ordinance 1828]
(3) Compliance. Existing uses shall comply with the screening requirements of this Title within three (3) months of notice by the Zoning Administrator and with the maintenance requirements within three (3) weeks of notice. The Zoning Administrator shall specify in what manner the screening requirement shall be satisfied and specify the compliance dates to correspond with appropriate planting seasons. [Revised 12/16/03, Ordinance 1828]
(4) Bufferyard. A bufferyard shall provide plant materials between adjacent residential and non-residential districts and abutting residential and non-residential uses in residential districts. A bufferyard shall meet the requirements of the Landscape Standards on File in the Community Development Director’s Office and the following requirements.

(a) Bufferyard width and type and number of plants required abutting an adjacent residential district shall be in conformance with the following table.

(b) There shall be no buildings, patios, decks, stairways, walkways or mechanical equipment within a bufferyard.
(c) The width of required building rear and side yard setbacks may be used as part of the required width of the bufferyard.
(d) The owner or the occupant of the premises shall maintain bufferyard in good condition. All diseased, damaged or dead plant materials shall be promptly replaced with the same materials, or equivalent materials approved by the Community Development Director. [Revised 12/16/03, Ordinance 1828]

PERFORMANCE STANDARDS

11-1839 Nuisance Uses. No land, existing building, or proposed structure shall be used or occupied in any manner creating dangerous, noxious, or otherwise objectionable conditions which could adversely affect the surrounding area.

11-1840 Radiation and Electrical Emissions. No activity shall emit dangerous radioactivity beyond enclosed areas approved for such use. No equipment, other than domestic household appliances, shall be utilized which creates electrical disturbances.

11-1841 Noise. Noise shall be muffled or otherwise controlled so as not to become a nuisance. Noise levels shall be regulated by the standards of the Minnesota Pollution Control Agency.

11-1842 Reserved for Future Use. [Revised 5/15/07, Ordinance 1950]

11-1843 Odor. The emission of odorous matter shall be subject to the regulations established by the Minnesota Pollution Control Agency for Odor Control in Ambient Air.

11-1844 Vibrations. No vibration shall be permitted which is discernible without instruments on any adjoining property in a residential district. Within commercial and industrial districts, no vibration shall be permitted which is discernible beyond the property line to the human sense of feeling for three (3) minutes or more duration in any one (1) hour.

11-1845 Smoke. The emission of visible smoke shall be subject to the Minnesota Pollution Control Agency’s restrictions on the emission of visible air contaminants.

11-1846 Particulate Matter.

(1) Particulate matter shall include fly ash, soot, and similar materials.
(2) Particulate matter emission from industrial processes, substances, products, or materials subject to becoming airborne shall be in accordance with the Minnesota Pollution Control Agency’s regulations.

11-1847 Toxic Matter. The ambient air quality standards of the Minnesota Pollution Control Agency shall be the guide to the release of airborne toxic materials within the City.

11-1848 Erosion. No erosion shall be permitted which will carry objectionable substances onto neighboring properties or into natural waterways. A property owner shall not permit his property to be used or built on without applying all such reasonable measures as may be required to prevent wind or water erosion. The City Engineer may require reasonable measures of a property owner or developer to prevent wind or water erosion. The “Technical Guide” and the “Standards and Specifications” for soil conservation practices as adopted by Anoka Soil and Water Conservation District shall be the guide for the planning, design, and layout of the conservation measures required.

The City Engineer may review any development plan to ensure that erosion and sedimentation shall be effectively controlled. The following conditions shall be placed on new developments where applicable:

(1) The development plan shall be designed to minimize erosion potential.
(2) Landscaping, streets, storm sewers, and other drainage and erosion controls shall be installed as early in the construction schedule as is practical.
(3) The area and duration of exposure of disturbed soils shall be kept to a practical minimum.
(4) Whenever feasible, natural vegetation shall be retained, protected, and supplemented.
(5) Where there is inadequate vegetation to protect erosion-prone areas during or after development, temporary or permanent vegetation and/or mulching shall be established.
(6) Cut and fills slopes shall not be steeper than two (2) to one (1) unless stabilized by a retaining wall or cribbing or as approved by the City Engineer.
(7) Cut and fills shall not endanger adjoining property.
(8) Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
(9) Fills shall not encroach on floodways, natural watercourses, or constructed channels.
(10) Grading shall not be done in such a way so as to divert water onto the property of another landowner without the written consent of that landowner.
(11) Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.
(12) The use of debris basins, sediment basins, silt traps, or similar measures may be required to trap sediment in runoff water until a disturbed area is stabilized.
(13) The use of ponds for temporary storm water storage is encouraged to reduce peak rainfall runoff and peak stream flows.

11-1849 Water Pollution. The discharge of raw sewage, industrial wastes, or other pollutants into the waterways or lakes of the City shall be subject to the regulations of the Minnesota Pollution Control Agency.

11-1850 Solid Waste. Sanitary landfills or other areas used for the accumulation of solid waste, including garbage, refuse, sludge, slag, fly ash, demolition debris, and other discarded solid materials, shall be subject to the solid waste disposal regulations of the Minnesota Pollution Control Agency and Anoka County. In addition, use of all such areas shall be approved by the City Council after receiving a recommendation from the Planning Commission. Reasonable measures may be required to ensure that the disposal site will not endanger the public health, safety, or welfare; create a public nuisance; result in scenic blight; adversely affect property values; reduce the usability of the site; or be incompatible with present and future surrounding land uses, including the posting of a bond in an amount determined by the Council to ensure satisfactory compliance.

11-1851 Glare. Lighting shall not be directed into a residential district from another property or obscure drivers’ vision on public streets. No lighting fixture shall create more than three (3) footcandles of light intensity at the property line.

ADDITIONAL AREA STANDARDS

11-1852 Fences and Walls. For the purpose of this Section, “Fence” includes any non-vegetative freestanding structure, including a wall, designed or functioning to impede movement across or mark a boundary; “Wall” is a fence made of rock, brick, concrete, or similar materials.

(1) Construction and Maintenance.

(a) Fences must be constructed in accordance with applicable building code provisions, and of materials suitable to the purpose for which constructed.
(b) Fences must be maintained in accordance with applicable building code provisions. Any side of a fence facing a neighboring property or street must be finished. For this clause, a “finished” side means a side whose framing, supports, or posts are not visible.
(c) Electric, barbed, razor, and wire fences are prohibited.
(d) Maximum height without building permit: Six feet.

(2) Location.

(a) A fence placed within a drainage or utility easement must not impede the flow of runoff or interfere with planned or installed utilities. The City or any utility company having authority to use such easement will not be liable for any damages, or to repair or replace such a fence, in the event it is moved, damaged, or destroyed in the maintenance of the easement or the installation, maintenance, or repair of utilities thereto.
(b) Walls are prohibited within drainage or utility easements.
(c) Fences are prohibited within site triangles as defined in Section 11-1825.

(3) Setbacks.

(a) Property Boundary: Within the boundary lines.
(b) Public Rights of Way, Trail or Sidewalk Easements: Three feet.

(4) Height Maximums.

(a) Front Yard Setback: Four feet, except as provided in subsection (4)(f).
(b) Street Side Yard, Single Family or Two-Family Residential Uses: Four feet; provided, if the front of the house faces the front yard, six feet between the rear lot line and the front of the house.
(c) Interior Side Yard: Six feet.
(d) Rear Yard: Six feet.
(e) Side and Rear Yards where a Residential District abuts a Commercial, Industrial, or Office District: Eight feet.
(f) Front or Street Side Yard, Commercial, Industrial or Office Districts: Four feet, except in an approved site plan. [Revised 3/18/08, Ordinance 1976]

11-1853 Prevailing Front Setbacks. Where adjoining principal structures existing at the time of adoption of this Ordinance have a lesser setback from that required, the minimum front setback of a new structure shall not be less than the average front yards of the principal buildings on each side lot for 240 feet in either direction. In no case shall the front yard setback be less than 20 feet or be required to set back more than 60 feet.

11-1854 Outdoor Storage. In the Office, Neighborhood Commercial, Community Commercial, General Commercial and Regional Shopping Districts, outdoor storage is prohibited with the following exceptions:

(1) materials and equipment directly related to site maintenance and safety provided they are stored and completely screened in an enclosure constructed of materials similar to and compatible with the principal structure subject to an approved site plan and subject to the following:

i.  restricted to the rear or side yards only;

ii. 10 foot minimum setback from property lines; and

iii. cannot impact emergency access, traffic flow, parking or sidewalk access:

(2) items available for active sales covering no more than 20 square feet.

(3) shopping cart corrals shown on an approved site plan and used for the temporary storage of carts.

11-1855 Street Frontage Required. A building shall not be permitted on a lot unless the lot abuts at least 20 feet on a public street, or has a permanent easement of access to a public street of at least 20 feet in width. A private easement shall not be used as the access for more than one (1) principal building, except by permission of the City Council after a public hearing and recommendation by the Planning Commission. In any case, a private easement shall not be approved for more than one (1) principal building unless there is a minimum of 20 feet of width for each principal building. In no case shall more than 60 feet of width be required.

11-1856 Restrictions on Accessory Structures.

(1) An accessory structure shall not:

(a) Be constructed on any lot prior to the time of construction of the principal building.
(b) Exceed the height of the principal building, except when on a farm and related to a farming operation.
(c) Be located within the required front setback area or within five (5) feet of a lot line.
(d) Be located nearer to the front lot line than the principal building. This provision shall not apply to attached garages or to those lots which have the shoreline of the Mississippi River or Crooked Lake as the rear lot line.

(2) Except as provided in Section 11-605(5)(e) or Section 11-705(5)(e), an accessory structure so located such that any one of its walls is within six (6) feet of a wall of any other structure shall be attached to and made structurally part of the other structure. [Revised 12/2/97, Ordinance 1624][Revised 9/2/03, Ordinance 1815]
(3) An accessory structure 120 square feet in floor area or larger shall have a permanent concrete slab under the entire structure. [Revised 12/2/97, Ordinance 1624]

11-1857 Encroachments on Setback and Height Requirements. The following shall not be considered as encroachments on setback and height requirements:

(1) In any yard: patios, awnings, steps, or chimneys that are no closer than three feet to any lot line, underground garages that are no closer than five feet to a lot line, flag poles, light poles, and public utilities (subject to the requirements of Section 11-604(10)).
(2) Roof eaves, overhangs, balconies, and similar appurtenances shall not encroach more than two feet into a setback area.
(3) Fences, walls, and hedges are permitted to a property line; provided that no fence, wall, or hedge, except a retaining wall, in the required front yard setback of an interior lot shall be over 48 inches in height.
In rear yards: recreational equipment, clotheslines, and detached outdoor living rooms that are not closer than five feet to a lot line.
(4) Height limitations for the following uses may be increased by 50 percent:

(a) Antenna--radio and television.
(b) Belfries.
(c) Church spires and steeples.
(d) Cooling towers.
(e) Flag poles.
(f) Elevator penthouse.
(g) Smoke stacks.
(h) Water towers.
(i) Barns, silos, and windmills.

Heights in excess thereof may be permitted only by a conditional use permit after determining that such structure would not be dangerous and would not adversely affect adjacent property.

(5) Parapet walls will not exceed more than four feet above the limiting height of the building.
(6) Upon written approval of the Director of Community Development, trash containers may be placed within a public right-of-way at a designated public transportation pick up location provided:

(a) Only one such container is located at any pick up location; and
(b) Approval is received from the State or County before placing the container within any State or County right-of- way; and
(c) The container is of sufficient weight or will be securely anchored to avoid tipping, as determined by the City; and
(d) The container is adequately designed to prevent trash from being blown out of the container or removed by rodents, birds or other wildlife; and
(e) The container is so located as to provide the greatest accessibility with the least possible visual impact; and
(f) Advertising on the container is limited to the business or the product of the container owner, and will not comprise more than 20% of the total exterior area of the container; and
(g) The owner of the container enters into a written agreement with the City regarding maintenance and City Code compliance. Such agreement may be executed on behalf of the City by the Director of Community Development or designee. [Revised 8/06/91, Ordinance 1383]

11-1858 Maintenance of Waterway Slopes. The owner or occupant of property on which is located a ditch, creek or man-made and/or natural waterway, that is part of the public drainage system and which was constructed or reconstructed on or after September 1, 1985, shall be responsible for the maintenance of all slopes of such ditch, creek or man-made and/or natural waterway located on their property. The owner or occupant shall, at a minimum, maintain the lawn on such slopes and keep the slopes free of debris. This provision shall not apply if the City has waived the requirements of Section 11-2252(3)(b).

11-1859 Satellite Dish Antennas. Dish antennas for the reception of electrical communications from earth satellites may be installed as accessory uses in all zoning districts subject to the requirements for accessory uses in the applicable zoning district and the following standards:

(1) The maximum diameter for satellite dish antennas in the General Commercial, Office, Highway Commercial, and Industrial zoning districts shall be 12 meters. On all other zoning districts the maximum diameter for satellite dish antennas shall be 12 feet.
(2) In all zoning districts satellite dish antennas larger than 24 inches in diameter shall be ground mounted in rear yards. The Director of Community Development may permit roof mounted satellite dish antennas as alternatives to ground mounted antennas if it can be demonstrated that a ground mounted location would result in obstruction of antenna reception window. All roof mounted installations of satellite antennas larger than 24 inches in diameter shall be in conformance with the requirements of the building code and require a building permit. [Revised 8/1/95, Ordinance 1535]
(3) No signage shall be displayed on any satellite dish antenna.
(4) Satellite dish antenna installations existing on January 15, 1987 shall be allowed to continue, but shall not be moved, replaced or repaired if damaged by more than 50% of its fair market value without being brought into compliance with this section. [Revised 8/1/95, Ordinance 1535]

11-1860 Lighting Districts. In order to promote the identity and aesthetic quality of neighborhoods and the welfare, convenience and living environment of residents, the City Council may by resolution establish lighting districts in the City to provide for a uniform street light style within the district. The resolution shall establish the boundaries of the district and may set out the style of street lights to be installed therein and such other requirements as the Council shall deem appropriate.

11-1861 Commercial Use Antennas and Antenna Towers. Notwithstanding any provisions of this Code to the contrary, all commercial use antennas and antenna towers shall comply with the zoning and regulatory requirements of City Code Chapter 13-1200.[Revised 8/19/97, Ordinance 1612]

11-1862 Home Based Retail Sales.

(1) A maximum of six separate and distinct Home Based Retail Sale events may be conducted in conjunction with a residential unit in any calendar year. Each sale event shall be considered a separate event whether it is the same or a different type of sale event from previous sale events at the same location. Each sale event shall be limited to a maximum of four consecutive calendar days and days not used for any one sale event may not be accumulated to lengthen the time of any future sale event. The first and fourth sale events of a calendar year shall be separated by a minimum of 90 days from the previous sale event from the same location and the second, third, fifth, and sixth sale events of a calendar year shall be separated by a minimum of one day from the previous sale event from the same location. A sale event during any part of a day shall constitute a sale event on that day. For purposes of this subsection, the terms “day” and “calendar day” shall mean a consecutive 24 hour period commencing at midnight and concluding at the next following midnight. [Revised 8/4/98, Ordinance 1640]
(2) One vehicle may be displayed for sale provided the vehicle is registered to a resident of the property where it is being displayed and is located on an improved driveway. For the purposes of this Section, the term “vehicle” includes any motorized or non-motorized vehicle that is subject to state registration. A Community Service Officer or Code Enforcement Technician may issue a citation for a violation of this Section. [Revised 8/4/98, Ordinance 1640] [Revised 6/15/99, Ordinance 1665][Revised 3/16/04, Ordinance 1830]
(3) No sale event shall include the use of a motor vehicle, trailer, or ground level storage container or similar container. [Revised 8/4/98, Ordinance 1640]

11-1863 Adult Oriented Business.

(1) No adult oriented business, as defined by Revised City Code Section 5-2202(1), shall be operated or maintained

(a) except as specifically authorized by this Title 11.
(b) except in accordance with Revised City Code Chapter 5-2200.
(c) within 1000 feet of: a public park; church; public or private educational facility serving persons under the age of 18 years; private or public junior high, middle, or elementary school; public or private high school; or day care facility.

(2) The distances in this section shall be measured on a straight line from the nearest lot line of the adult oriented business to the nearest lot line of any use listed in 11-1863(1).
(3) No adult-oriented business shall display or allow to be displayed on or from its premises actual or representations of specified anatomical areas, as defined by Revised City Code Section 5-2202(20), or specified sexual activities, as defined by Revised City Code Section 5-2202(21), so as to be viewable by either the general public, or a person under the age of 18 years. [Revised 1/19/99, Ordinance 1654]

11-1864 Vehicle Sales in Non-residential Areas. No person, firm, business, or other entity of any kind may display a vehicle for sale on any commercial, industrial, office, or institutional property except as provided in this Section.

(1) A state licensed motor vehicle dealer may display vehicles for sale in accordance with the terms of that license and all state and local laws and ordinances.
(2) If no state license is required, one vehicle may be displayed for sale provided such sale is in conjunction with a business or institutional activity.
(3) A vehicle displayed for sale must be displayed on property where the business, firm, or entity offering the vehicle for sale is located.
(4) A vehicle displayed for sale must be located on an improved surface and within a designated parking space. Such vehicle may not interfere with the normal circulation pattern of the property.
(5) For the purposes of this Section, the term “vehicle” will have the meaning provided in Section 11-1862(2) as that Section may be amended from time to time.
(6) A Community Service Officer or Code Enforcement Technician may issue a citation for a violation of this Section. [Revised 3/16/04, Ordinance 1830]