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(A) Generally. No person shall locate or operate any manufactured home park or any recreational camping area within the city unless it is duly licensed and meets and is operated in compliance with all requirements of law, of administrative regulation, and of ordinances of the city. A conditional-use permit is required for the location of manufactured home parks and recreational camping areas. All manufactured home parks and recreational camping areas shall comply with the applicable state laws and State Health Department regulations.
(B) Use of RCUs. The use of RCUs are allowed with the following provisions.
(1) A lot without a dwelling may contain one RCU, provided:
(a) The lot meets minimum requirements for size, and all requirements of this chapter for structures are met;
(b) There are no water or sewer connections;
(c) The RCU cannot be used as a permanent dwelling;
(d) No RCU may be skirted or permanently placed;
(e) An RCU may be allowed in conjunction with a land use permit for a permanent structure for a maximum of 12 months during the construction period; and
(f) A permit is required.
(2) A lot containing one dwelling may contain one RCU for use, not to exceed ten days within any 60-day period.
(C) Storage of an RCU. Storage of one RCU on a residential lot will be allowed, provided:
(1) It is not located in the right-of-way and is placed solely on the owner’s property;
(2) It will not impede city services or obstruct traffic visibility; and
(3) It can only be used for storage and not for use and cannot be hooked up to city utility services.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
(A) Construction material.
(1) Single-family dwelling roofs shall be shingled with asphalt, wood, tiles, metal (with concealed fasteners), or other comparable materials.
(2) Building materials shall be attractive in appearance, of a durable finish, and be of a quality that is compatible and harmonious with adjacent structures. All buildings shall be of good aesthetic and architectural quality, to ensure they will maintain and enhance the property values of the neighboring properties.
(3) Single-family dwellings, garages, and accessory structures over 120 square feet of floor space or over 120 square feet of roof and roof overhang shall be constructed of materials similar in quality and appearance to that of the main dwelling structure on the lot.
(4) Buildings constructed of canvas, fabric, or straw shall not be permitted.
(5) Building exteriors must be finished within one year of starting construction unless a one-year extension is granted by the Zoning Official.
(B) Accessory structures. No more than two detached accessory structures are permitted on a parcel occupied by a single-family detached dwelling that are over 120 square feet.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
ADDITIONAL USES
(A) Lot area, lot width, and yard requirements (for each unit).
(1) Front yard setback: 30 feet;
(2) Lot area: minimum lot area of 6,500 square feet;
(3) Lot width: minimum lot width of 65 feet;
(4) Side yard setback: not less than ten feet; and
(5) Rear yard setback: 20 feet from the public right-of-way or ten feet from the lot line.
(B) Conditional uses. Two-family dwellings and twin homes may be divided into single parcels of record with the party wall acting as the dividing lot line by issuance of a conditional use permit and subject to the following conditions.
(1) Each of the lots created in subdividing lands on which a two-family structure is located shall be equal as is reasonably possible and shall be shown on a registered survey.
(2) Except for setbacks along the common property line, all other setback and yard requirements shall be met.
(3) Separate services shall be provided to each residential unit for sanitary sewer, water, electricity, natural gas, telephone, and other utilities.
(4) The two-family units, either existing or proposed, must be constructed in a side-by-side manner.
(5) To protect the safety and property of the owner and occupants of each individual unit, no existing two family structure may be split into two separate ownerships unless and until the common party wall fire rating is brought up to new construction standards contained in the Uniform Building Code (UBC). Party walls must provide sound transmission control ratings as per the State Building Code.
(6) Uniformity in outside appearance. Siding and roofing need to be made of the same product and same color.
(7) Party walls:
(a) PARTY WALL means each wall, which is built as a part of the original construction of the living units upon the properties and placed on the dividing line between the lots shall constitute a PARTY WALL, and, to the extent not inconsistent with the provisions of this section, the general rules of law regarding PARTY WALLS and liability for property damage due to negligence or willful act or omissions shall apply thereto.
(b) The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use of wall.
(c) If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other owner thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
(A) Types of PUDs permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in § 156.027 and the official zoning map.
(B) Processing of PUDs. Planned unit developments must be processed as a conditional use. Approval cannot occur until the environmental review process (EAW/EIS) is considered.
(C) Application for PUDs. The applicant for a PUD must submit the following documents prior to final action being taken on the application request:
(1) A site plan and/or a plat for the project showing locations of property boundaries, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two;
(2) A property owners’ association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements of M.S. §§ 515A and 515B CIC (common interest communities) requirements, as they may be amended from time to time;
(3) Deed restrictions, covenants, permanent easements, or other instruments that:
(a) Properly address future vegetative and topographic alterations, construction of additional buildings, and construction of commercial buildings in residential PUDs; and
(b) Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in § 150.085. These criteria shall also apply in nonshoreland areas.
(4) When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied; and
(5) Those additional documents, as requested by the Planning Commission, necessary to explain how the PUD will be designed and will function.
(D) Site “suitable area” evaluation. Proposed new PUDs or expansions to existing PUDs must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation. The suitable area is determined by excluding any wetlands, bluff areas, or any area below the elevation of 1,339.38 feet as identified in Chapter 153 (Storm Water Management).
(E) PUD density evaluation. Density evaluation is determined by the limiting factors of the required 50% open space, 40% impervious surface coverage, and the parking requirements found in § 155.031.
(F) Maintenance and design criteria.
(1) Maintenance and administration requirements. Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.
(2) Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:
(a) Commercial uses prohibited (for residential PUDs);
(b) Vegetation and topographic alterations other than routine maintenance prohibited; and
(c) Construction of additional buildings or storage of vehicles and other materials prohibited.
(3) Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners’ association with the following features.
(a) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers.
(b) Each member must pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or sites.
(c) Assessments must be adjustable to accommodate changing conditions.
(d) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.
(4) Open space requirements. Planned unit developments must contain open space meeting all of the following criteria.
(a) At least 50% of the total project area must be preserved as open space.
(b) Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space.
(c) Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries.
(d) Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public.
(e) Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.
(f) Open space must not include commercial facilities or uses.
(g) The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means.
(5) Erosion control and storm water management. Erosion control and storm water management plans must be developed and the PUD must:
(a) Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This goal must be accomplished by limiting the amount and length of time of bare ground exposure. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and
(b) Be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff. Impervious surface coverage within any tier must not exceed 40% of the tier area.
(6) Centralization and design of facilities. Centralization and design of facilities and structures must be done according to the following standards.
(a) A planned unit development must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the county. On-site sewage-treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system.
(b) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the setbacks in accordance with § 156.030.
(c) Accessory structures and facilities must meet the required principal structure setback and must be centralized.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
(A) Purpose and intent.
(1) Studies conducted by the State Attorney General, the American Planning Association, and cities such as St. Paul; Indianapolis; Alexandria, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California; Seattle, Washington; have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have an adverse impact on the surrounding neighborhoods. Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. Based on these studies and findings, the City Council concludes the following.
(a) Adult establishments have adverse secondary impacts of the types set forth above.
(b) The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by locational requirements, licensing requirements, and health requirements.
(c) It is not the intent of the City Council to prohibit adult establishments from having a reasonable opportunity to locate in the city.
(d) M.S. § 462.357, as it may be amended from time to time, allows the city to adopt regulations to promote the public health, safety, morals, and general welfare.
(e) The public health, safety, morals, and general welfare will be promoted by the city adopting regulations governing adult establishments.
(f) Sexually oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime-prevention programs and law enforcement services.
(g) Sexually oriented businesses can be used as fronts for prostitution and other criminal activity. The experience of other cities indicates that the proper management and operation of such businesses can, however, minimize this risk, provided the owners and operators of such facilities are regulated by licensing or other procedures.
(h) Sexually oriented businesses can increase the risk of exposure to communicable diseases including, but not limited to, Acquired Immune Deficiency Syndrome (AIDS) for which currently there is no cure. Experiences of other cities indicate that such businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, thereby endangering not only the patrons of such establishments but also the general public.
(i) Sexually oriented businesses can cause or contribute to public health problems by the presence of live adult entertainment in conjunction with food and/or drink and alcohol use on the same premises.
(j) The risk of criminal activity and/or public health problems can be minimized through a licensing and regulatory scheme as prescribed herein.
(2) It is the purpose of this section to regulate adult-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to:
(a) Prevent additional criminal activity within the city;
(b) Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood;
(c) To locate adult oriented businesses away from residential areas, schools, churches, and parks and playgrounds; and
(d) Prevent concentration of adult-oriented businesses within certain areas of the city.
(3) The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to adult oriented materials protected by the First Amendment or to deny access by distributors and exhibitors of adult oriented entertainment to their intended market.
(B) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADULT BOOK AND/OR MEDIA STORE. An establishment which excludes minors and which has a substantial portion of its stock in trade or stock on display books, magazines, films, videotape, or other media, which are characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age from all or part of the establishment and if such dancing or other live entertainment in distinguished or characterized by an emphasis on the performance, depiction, or description of specified sexual activities or specified anatomical areas.
ADULT ESTABLISHMENT. Any business which offers its patrons services, entertainment, or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussion, or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other establishments.
ADULT HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER.
(a) A theater in an enclosed building, from which minors are excluded from all or part of the establishment, with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(b) Any business which presents motion pictures, from which minors are excluded from all or part of the establishment, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for viewing on the premises, including, but not limited to, private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent.
ADULT MODELING STUDIO. An establishment, which excludes minors from all or part of the establishment, whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation to sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
ADULT MOTION PICTURE ARCADE. Any place which excludes minors from all or part of the establishment wherein coin or token operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. A theater in an enclosed building, from which minors are excluded from all or part of the establishment, with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but no limited to film and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT NOVELTY BUSINESS. A business, from which minors are excluded from all or part of the establishment, which sells, offers to sell, or displays devices which simulate human genitals or devices which are designed for sexual stimulation.
ADULT USE. Any of the activities and businesses described in this division (B) constitute ADULT-ORIENTED BUSINESSES which are subject to the regulation of this section.
SPECIFIED ANATOMICAL AREAS. Any of the following conditions:
(a) Less than completely and opaquely covered:
1. Human genitals, pubic region, or pubic hair;
2. Buttock or anus; and
3. Female breast below a point immediately above the top of the areola.
(b) Human male genitals in a discernible turgid state, completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:
(a) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal;
(b) SADOMASOCHISTIC ABUSE, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed;
(c) Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of a human genital organ, clothed or unclothed; and/or
(d) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
(C) Application.
(1) Except as in this section specifically provided, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose nor in any manner, which is not in conformity with this section.
(2) No adult-oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the city, the laws of the state, or the United States of America. Nothing in this section shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors.
(D) Location. During the term of this section, no adult-oriented businesses shall be located less than 1,000 feet from any residential zoning district boundary or site used for residential purposes, and less than 1,000 feet from any church site, from any school site, from any day care facility, or from any park which is adjacent to property zoned residential. In addition, no adult-oriented business may be located within 1,000 feet of another adult-oriented business. For purposes of this section, this distance shall be a horizontal measurement from the nearest existing residential district boundary or site used for residential purposes, church site, school site, day care site, park site, or another adult-oriented business site to the nearest boundary of the proposed adult-oriented site.
(E) Hours of operation. No adult-oriented business site shall be open to the public from the hours of 11:00 p.m. to 9:00 a.m.
(F) Alcoholic beverages. No alcoholic beverages shall be possessed, used, sold, or provided by or to any person at any adult-oriented business premises.
(G) Operation.
(1) An establishment operating as an adult-oriented business shall prevent off-site viewing of its merchandise, which if viewed by a minor, would be in violation of M.S. Chapter 617, as it may be amended from time to time, or other applicable federal or state statutes or local ordinances.
(2) All entrances to the business, with the exception of emergency fire exits, which are not useable by patrons to enter the business, shall be visible from a public right-of-way.
(3) The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, video tapes, or any other material.
(4) Illumination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior premises.
(5) Signs for adult-oriented businesses shall comply with the city’s ordinance for signs, and in addition signs for adult-oriented businesses shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation.
(H) Licenses.
(1) All establishments, including any business operating at the time this section becomes effective, operating or intending to operate an adult oriented business, shall apply for and obtain a license from the city. A person is in violation of the City Code if he or she operates an adult-oriented business without a valid license issued by the city.
(2) An application for a license must be made on a form provided by the city.
(a) The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(b) The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the appropriate state, county, and local law and codes by the health official, Fire Marshal, and building official.
(c) Application for license shall contain the address and legal description of the property to be used; the names, addresses, phone numbers, dates of birth, of the owner, lessee, if any, the operator or manager, and all employees; the name, address, and phone number of two persons, who shall be residents of the state, and who may be called upon to attest to the applicant’s, manager’s, or operator’s character; whether the applicant, manager, or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, complete and accurate information the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as the regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating, or furnishing or acquiring the premises, personal effects, equipment, or anything incident to the establishment, maintenance, and operation of the business.
(d) If the application is made on behalf of a corporation, joint business venture, partnership, or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names, addresses, and dates of birth of all individuals having an interest in the business, including partners, officers, owners, and creditors furnishing credit for the establishment, acquisition, maintenance, and furnishings of said business and, in the case of a corporation, the names, addresses, and dates of birth of all officers, general managers, members of the board of directors, as well as any creditors who have extended credit for the acquisition, maintenance, operation, or furnishing of the establishment including the purchase or acquisition of any items of personal property for use in said operation.
(e) All applicants shall furnish to the city, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements, and any other documents establishing the interest of the applicant or any other person in the operation, acquisition, or maintenance of the enterprise.
(f) All establishments, including any business operating at the time this section becomes effective, operating or intending to operate an adult oriented business shall be prohibited if the license fee required by this section has not been paid.
(g) All establishments, including any business operating at the time this section becomes effective, operating or intending to operate an adult oriented business shall be prohibited if an applicant has been convicted of a crime involving any of the following offenses:
1. Any sex crimes as defined by any ordinance or statute in conformity therewith;
2. Any obscenity crime as defined by M.S. §§ 617.23 through 617.299 inclusive, as they may be amended from time to time, or as defined by any ordinance or statute in conformity therewith; for which:
a. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
b. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or
c. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the conviction is of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
3. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant’s spouse.
(3) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult-oriented business. The license shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that it may be easily read at any time.
(4) The City Council shall act to approve or disapprove the license application within 120 days from the date the application was submitted, provided that the application contains all of the information required by this section. If the application is deficient, the City Council shall act on the application within 120 days from the date that the deficiency has been corrected.
(5) Within 90 days after the decision by the City Council, the applicant may appeal to the District Court by serving a notice upon the Mayor or Clerk/Treasurer of the municipality.
(I) Fees. Fees to obtain a license to operate an adult-oriented business shall be set at $2,500 per year.
(J) Inspection.
(1) An applicant or licensee shall permit health officials, representatives of the Police Department, Fire Department, and Building Inspection Division, to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business, in accordance with § 10.20.
(2) A person who operates an adult-oriented business or his or her agent or employee commits an offense if she or he refuses to permit a lawful inspection of the premises by health officials, representatives of the Police Department, Fire Department, and Building Inspection Division at any time it is occupied or open for business. Refusal to permit inspections may result in the suspension of the license as provided in division (L) below.
(3) The provisions of this section do not apply to areas of an adult motel, which are currently being rented by a customer for use as a permanent or temporary habitation.
(K) Expiration and renewal.
(1) Each license shall expire at the end of the calendar year and may be renewed only by making application as provided in division (G)(1) above. Application for renewal must be made at least 60 days before the expiration date, and when made less that 60 days before the expiration date, the expiration of the license will not be affected.
(2) When the city denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
(L) Suspension.
(1) The city may suspend a license for a period not to exceed 30 days if it determines that licensee or an employee of a licensee has:
(a) Violated or is not in compliance with any provision of this chapter;
(b) Engaged in the possession, use, sale, or provision of alcoholic beverages while on the adult-oriented business premises;
(c) Refused to allow an inspection of the adult-oriented business premises as authorized by this chapter;
(d) Knowingly permitted gambling by any person on the adult-oriented business premises; or
(e) Demonstrated inability to operate or manage an adult oriented business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(2) A suspension by the city shall be proceeded by written notice to the licensee and a public hearing. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed business premises with the person in charge thereof.
(M) Revocation.
(1) The city may revoke a license if a cause for suspension in division (L) above occurs and the license has been suspended within the preceding 12 months.
(2) The city shall revoke a license if it determines that:
(a) A licensee gave false or misleading information in the material submitted to the city during the application process;
(b) A licensee or an employee has knowingly allowed possession, use, or sale of alcohol or controlled substances on the premises;
(c) A licensee or an employee has knowingly allowed prostitution on the premises;
(d) A licensee or an employee knowingly operated the adult-oriented business during a period of time when the licensee’s license was suspended;
(e) A licensee has been convicted of an offense, for which the time period required, has not elapsed;
(f) On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime for which a conviction has been obtained, and the person or persons were employees of the adult-oriented business at the time the offenses were committed; or
(g) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, or masturbation to occur in or on the licensed premises.
(3) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(4) Division (M)(2)(g) above does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(5) When the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult-oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under division (M)(2)(e) above, an applicant may not be granted another license until the appropriate number of years required, has elapsed.
(6) A revocation by the city shall be proceeded by written notice to the licensee and a public hearing. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed premises with the person in charge thereof.
(N) Transfer of license. A licensee shall not transfer this license to another, nor shall a licensee operate an adult-oriented business under the authority of a license at any place other than the address designated in the application.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
B&B homes may be allowed by conditional use, subject to the following standards.
(A) The owner shall reside in the B&B and manage the premises.
(B) The establishment shall comply with state and county health and building code requirements.
(C) Meals shall be served to B&B guests only.
(D) No cooking or cooking facilities shall be allowed or provided in the guest rooms.
(E) The establishment shall be limited to four guest rooms or a maximum guest capacity of eight.
(F) Each guest shall be limited to staying not more than seven days within any 30-day period.
(G) The owner shall maintain a guest register showing the name, address, motor vehicle license number, and inclusive dates of visits of all guests.
(H) A minimum of one off-street parking space for each guest room and two off-street parking spaces for the resident owner shall be provided, in accordance with parking standards set forth in this chapter.
(I) Signage shall follow regulations in §§ 150.035 through 150.045.
(J) There shall be no external vending machines.
(K) All trash and refuse must be contained, and all refuse receptacles shall be enclosed in opaque fencing at least six feet in height. Screening, in the form of shrubbery, trees, or a fence to a height of at least five feet, may be required along any property line abutting a residential use.
(L) Each property shall maintain an exterior residential appearance and character, meaning an exterior facade that is compatible with the surrounding single-family or duplex houses and is of an appearance that would be found in a structure designed for and occupied by a family as detached single- or two-family residence.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
The location, design, and maintenance of WECS shall be governed as follows.
(A) Applicants requesting a conditional use permit for a WECS shall furnish such scale drawings and information as the city deems necessary. This information shall include, but is not limited to the following: a site plan of the premises involved showing lot lines, the accurate location of all buildings or structures on the premises and on each adjacent lot, and the location of proposed tower and all guy wires, poles or anchors, and a sketch elevation of the premises accurately depicting the proposed tower and its relationship to structures on adjacent lots.
(B) (1) The permitted maximum height of a WECS shall be determined in one of two ways:
(a) A ratio of one to one between the distance from the closest property line to any part of the WECS tower to the height of the tower; or
(b) A maximum of 100 feet in the agriculture and manufacturing districts, and 50 feet in residential and commercial/business districts.
(2) The shortest height of the two above-mentioned methods shall be used in determining maximum height. Height shall be measured from the surrounding grade to the rotor hub or top of the tower, whichever is higher.
(C) No part of the WECS shall be located within or above any required front, side, or rear yard.
(D) No part of the WECS shall be located such that it could potentially affect or come into contact with any telephone, TV, cable, or electrical lines on the same adjacent properties.
(E) All WECS shall be designed to meet the following minimum standards.
(1) The tower and tower footing be engineered to withstand wind and icing loads for this geographic area.
(2) The WECS shall have an automatic braking device capable of halting operation in conditions of imbalance or excessive wind speeds (40 mph or greater).
(3) The WECS shall be designed, constructed, and operated so as to not cause radio and television interference.
(4) The WECS blade design and materials shall be adequate to ensure safe operations in an urban area.
(5) The wind turbine and the tower shall be compatible.
(6) The WECS shall be operated and maintained in a condition which will not exceed the noise level prescribed by State Regulation NPC 1 and 2 Noise Standards, Minn. Administrative Rules Chapter 7030, and any amendments thereto.
(7) The WECS shall be guarded against unauthorized climbing. The first 12 feet of the tower shall be unclimbable by unauthorized person by design or be enclosed by a six foot high, non-climbable fence with a secured access.
(8) The WECS shall be designed and installed to withstand natural lightning strikes.
(9) The WECS electrical equipment and connections shall adhere to all state and local government, as well as power company regulations and standards.
(F) Any WECS not in operation for 12 consecutive months shall be dismantled.
(G) The city shall require liability insurance to be maintained on the WECS by its owner.
(H) In order to ensure adequate wind access, the city does encourage the use of private easements and restrictive covenants as a means to protect wind access.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
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