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§ 156.053 BED AND BREAKFAST HOMES.
   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
§ 156.054 WIND ENERGY CONVERSION SYSTEMS.
   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
§ 156.055 WIRELESS COMMUNICATION FACILITIES.
   (A)   Purpose. Establish regulations that protect the public health, safety, and general welfare of the community, for the siting, construction, and maintenance of wireless communication towers (WCT) and similar facilities within the city. This does not pertain to amateur radio, or receive only antennas or structures.
   (B)   Objectives. The regulations of this section are intended to:
      (1)   Maximize the use of existing approved structures for siting new antennas in order to reduce the number of new towers needed to serve the community;
      (2)   Provide for the appropriate location and development of antennas and towers within the city;
      (3)   Minimize adverse visual effects of wireless communication towers through siting standards; and
      (4)   Utilize standard structural and setback requirements to avoid potential damage to adjacent properties from antenna and tower failure.
   (C)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      ANTENNA. Any device or equipment used for the transmission or reception of electromagnetic waves, which may include omni-directional antenna, directional antenna, or parabolic antenna.
      CO-LOCATION. The location of more than one antenna or set of antennas on the same wireless communication tower or structure.
      ENGINEER. Any person practicing as a professional engineer shall be duly licensed and certified under the guidelines stipulated in M.S. Chapter 326, as it may be amended from time to time, for their particular field.
      FAA. Federal Aviation Administration.
      FCC. Federal Communication Commission.
      HEIGHT. The distance measured from the ground level at the base of the tower or structure to the highest point on a tower or structure.
      TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, such as monopoles and similar structures.
      TOWER ACCESSORY STRUCTURE. Any structure located at the base of a tower for housing receiving or transmitting equipment.
      WIRELESS COMMUNICATION. Any personal wireless services as defined in the Federal Communications Act of 1996, being 47 U.S.C. §§ 151 et seq., including FCC licensed commercial wireless telecommunications services such as cellular, personal communication services (PCS), paging, and similar services that currently exist or may be developed.
   (D)   Conditional use. Wireless communication towers and similar facilities are a conditional use within all zoning districts subject to the following performance standards.
      (1)   Permit required. It shall be unlawful for any person, firm, or corporation to erect, construct, place, replace, or structurally repair any wireless communication tower or adjoining/accessory buildings without first making application to the Zoning Administrator and securing appropriate permit approval. Building permits are not required for adjustment or replacement of the elements of an antenna array affixed to a tower or antenna. All applications shall be accompanied by a coverage/interference and capacity analysis, including a technical evaluation of existing and proposed transmissions indicating all potential interference problems including, but not limited to, residential broadcast reception and public safety communications. All applications must demonstrate compliance with existing FCC, FAA, the State Building Code, and other pertinent regulations. As regulations change, wireless communication operators must demonstrate continued compliance at their expense. All subsequent co-locators must apply for individual building and conditional use permits in conformance to this chapter.
      (2)   Permitted locations. No wireless communication tower shall be erected in the city unless the applicant demonstrates that the equipment planned for the purpose of the proposed wireless communication cannot be accommodated on the existing or approved tower, building, or structure within a one-mile search radius of the proposed tower due to one or more of the following reasons.
         (a)   The planned equipment would exceed the structural capacity of the existing or approved structure, as documented by a qualified and licensed professional engineer; and the existing or approved structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
         (b)   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost.
         (c)   Existing or approved wireless communication towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
         (d)   Other unforeseen reasons that make it impossible to locate the planned equipment upon an existing or approved structure.
   (E)   Design standards. All applications must meet the following minimum requirements.
      (1)   All towers and antennas shall comply with all FCC and FAA rules and regulations. Wireless communication towers attached to a building or existing structure shall comply with the setbacks of the zoning district and shall not exceed 20 feet in height beyond the top of the primary structure. Free-standing towers shall be set back one foot from any property line or building for each one foot of structural height. Free-standing towers shall not be located in a front yard, nor shall any part of the antenna or tower extend across or over any part of the public right-of-way, street, highway, or sidewalk. The base of any free-standing tower or antenna shall occupy not more than 500 square feet and the top of the tower shall be no larger than the base.
      (2)   Towers and antennae shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration (FAA).
      (3)   Towers shall be without the use of wires, cables, beams, or other, the design shall utilize a monopole configuration that is designed to collapse in on itself in the event of structural damage. Design and installation of towers and antennas shall comply with all applicable federal and state standards, including FCC and FAA standards and the current State Building Code, and shall be approved and stamped by a licensed professional structural engineer. The City Council may allow an alternative tower design if it would better blend into the surrounding neighborhood.
      (4)   Towers shall be designed to allow the future co-location of equipment at varying heights. Tower operators are required to accept co-location of communication equipment if reasonable and necessary and shall not make such co-location economically prohibitive. Towers over 150 feet in height shall be designed for co-location of at least three additional antennas. Towers of 125 feet to less than 150 feet shall be designed for co-location of at least two additional antennas. Towers of 100 feet to less than 125 feet shall be designed for co-location of at least one additional antenna. Subsequent co-locators are subject to the same provisions and procedures as the primary conditional use applicant.
      (5)   Towers shall not be illuminated by artificial means unless such light is required by federal (FAA) or state regulations; towers may be used to illuminate ball fields, parking lots, or similar areas and for crime preventative measures.
      (6)   The use of any portion of a tower for signs other than required warning or equipment information is prohibited. All mechanical and utility equipment shall be enclosed in an approved structure or cabinet; all buildings and structures shall meet the minimum performance standards in that zoning district.
      (7)   The ground level perimeter may be required to be screened with pre-approved landscaping and/or fencing at the operator’s expense. The tower shall be reasonably protected against unauthorized access and vandalism.
      (8)   All construction, installation, wiring, and maintenance of towers shall not create a safety hazard or damage to the property of others, nor interfere with public safety communications.
      (9)   Operators shall remove abandoned, unused towers and similar structures within 12 months of the cessation of operations and restore the area to its original condition. Failure to abide by this condition will result in the city removing the structure and assessing costs to the property or operator.
      (10)   All wireless communication facilities that are in existence as of the date of this chapter may continue to operate, but may not be replaced or structurally altered without complying in all respects to this code. This does not include routine adjustment or replacement of the primary or co-location antennae.
      (11)   When the property’s use no longer conforms to this chapter, any existing tower shall be removed prior to preliminary plat approval or building permit issuance, whichever occurs first.
(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)
§ 156.056 SHORT-TERM VACATION HOME RENTALS.
   (A)   Purpose. The purpose is to provide rules governing the issuance of permits and the establishment of operational restrictions for short-term rentals of dwellings within the city. The intent of this chapter is to ensure that the operation of short-term rentals is consistent with existing local, state, or federal laws, statutes, rules, or regulations. For the purposes of this chapter, SHORT-TERM RENTAL means any single-family dwelling or accessory dwelling unit located in a residential or commercial zone that is rented in whole or in part on a short-term basis. A SHORT-TERM BASIS is 30 calendar days or less to the same person. This term does not include bed and breakfasts, motels, hotels, or resort rooms.
   (B)   Permit required. It is unlawful for any person to advertise, maintain, or operate a short-term rental of a dwelling in the city without a permit required by this chapter. Permits are required for any unit. UNITS are considered any single-family home, apartment, and/or cabin.
   (C)   Term and scope of permit. A short-term rental permit expires on December 31 of each year. The permit authorizes the permittee to conduct only such services as is described in the permit and in accordance with the terms and conditions of the permit. It is unlawful for a permittee or other responsible person to violate the terms and conditions of the short-term rental permit.
   (D)   Application and renewal of short-term rentals.
      (1)   A property owner may apply for a short-term rental permit by filing an application with the Clerk/Treasurer. Applications are subject to limits described in division (F) below. Prior to filing an application with the city, the property owner must first file and receive their license from the county. The application must be on a form approved by the city and may require any information or documentation consistent with the provisions of this chapter. Such application shall include, but not be limited to, the following information:
         (a)   Name, address, and telephone number of permittee;
         (b)   Name, address, and 24-hour telephone number(s) of permittee and secondary point of contact, if permittee is not located on-site;
         (c)   Floor plan, parking location(s), copy of county license, and proof of insurance; and
         (d)   Any supplemental information that the city finds reasonably necessary to determine whether to approve a short-term rental permit.
      (2)   To renew a short-term rental permit, the permittee shall file an application with the city that complies with this division (D). The application must be submitted no later than 30 calendar days prior to the short-term rental permit expiration date.
      (3)   Knowingly making a false statement of fact or knowingly omitting any information that is required in an application for a short-term rental permit shall be grounds for denial of a permit.
   (E)   Permit fee. Every permit application shall be accompanied by a non-refundable short-term rental permit application fee as established by resolution of the City Council, as may be amended from time to time. This application fee shall be in addition to any other license, permit fee, or penalty fee imposed by local, state, or federal laws, statutes, rules, or regulations.
   (F)   Limitation of number of short-term rentals per property parcel.
      (1)   While each unit must be permitted, short-term rental limitations will be determined by property parcels. PROPERTY PARCEL means any contiguous quantity of land in the possession of, owned by, or recorded as the property of the same claimant or person.
      (2)   The number of property parcels will be limited to 3% of the city’s total housing units as recorded by the 2020 census report plus any additional number of units built since the census report.
      (3)   No more than two property parcels can be owned by one person for use as a short-term rental. Ownership includes anyone with a financial interest in the property.
      (4)   Although they would still need a permit, not counted in the total number of property parcels will be property owners that are primary residents of the property and it will be rented for less than 30 days in a calendar year. If there are multi-units on the property, all units are combined for the determination of days rented. PRIMARY RESIDENT means the dwelling unit within which a person lives for six months plus a day during a calendar year and the resident is classified as residential homestead in the county property tax system.
   (G)   Registry required. Every permittee within the city shall keep a register containing the following information for each person who stays at the short-term rental and shall maintain such register for a period of 18 months. The owner or registered agent shall make the list available to city staff and/or law enforcement upon request.
      (1)   Name;
      (2)   Address;
      (3)   Vehicle year, make, model, color;
      (4)   License plate;
      (5)   State in which the vehicle is registered;
      (6)   Date of arrival;
      (7)   Date of departure;
      (8)   Number of guests; and
      (9)   Pets must be on a leash unless yard is fenced in.
   (H)   Performance standards.
      (1)   The main rental contact/person renting from the permittee must be a minimum of 21 years of age.
      (2)   The occupancy limit will be determined through the county application for short-term vacation rentals, but the maximum allowed on any property parcel within the city will be 15 overnight guests even if the county license allows more.
      (3)   Unregistered guests are allowed on a limited basis and must leave the property by 10:00 p.m. any night of the week.
      (4)   The total number of guests, registered or unregistered, cannot exceed double the occupancy limit the property is licensed for through the city.
      (5)   Prior to the issuance of a short-term rental permit, the permittee shall notify all owners of property within 350 feet of the permitted short-term rental involved in the application. This notice shall be in writing and contain the location of the short-term rental the contact information for the permittee and the permittee’s designated secondary contact.
      (6)   The permittee or designated secondary contact must be able to be on-site and respond to any complaints within 30 minutes of notification, regardless of the time of day.
      (7)   Permittee shall post the following:
         (a)   An aerial view of the property, clearly showing the property boundaries, parking areas, shore recreational facilities, garbage receptacles, and the like;
         (b)   City and county regulations regarding noise, parking, pets, and/or lakes along with the county/city regulations related to parking, number of guests, unregistered guests, and the like;
         (c)   The full name and phone number of the local contact person or local management agent;
         (d)   Local emergency contact information (police, fire, ambulance); and
         (e)   The county and city permit and license occupancy limits.
      (8)   Garbage, refuse, or recycling shall be stored completely enclosed within designated containers. The owner or operator of the rental unit shall provide sufficient trash storage containers and services to accommodate the demand of the occupants.
      (9)   The licensee must provide proof of sufficient and suitable property insurance with the license application and must be able to confirm that the coverage remains in place within 24 hours of a request by the city.
      (10)   No fireworks.
      (11)   There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short-term home rental, except that additional on-site city code compliant parking may be provided.
      (12)   Outdoor signage must follow regulations set forth in §§ 150.35 through 150.45; and
      (13)   All short-term rentals shall comply with any and all federal, state, and/or local laws, including, without limitation, all zoning requirements.
   (I)   License non-transferable.
      (1)   A license is non-transferable and non-refundable.
      (2)   The discontinuation of an operation by the licensee at the address covered by the license voids the license.
      (3)   A voided license shall be surrendered to the city immediately by anyone in possession of it.
      (4)   Change of ownership requires a new application. The city shall be notified in writing within five business days of any change of property owner or rental agent.
   (J)   Parking. All tenants and guests must comply with city parking regulations, including seasonal on-street and off-street parking regulations along with county regulations for short-term rentals.
   (K)   Noise standards. For short-term rentals, outdoor amplified sound that can readily be heard by surrounding property owners shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.
   (L)   Posted notice. Owner shall post within the dwelling unit notice of all use restrictions as set forth in this section.
   (M)   Disorderly conduct prohibited. Disorderly conduct is prohibited on all permitted premises. It shall be the responsibility of the owner to ensure that all tenants occupying the permitted premises and their guests conduct themselves in such a manner as not to cause the permitted premises to be disorderly. For purposes of this section, DISORDERLY CONDUCT refers to any disorderly conduct violation under state statutes or this code.
   (N)   Permit revocation. Every short-term rental permit is subject to revocation for violations of this section or any other provision of state statutes or this code.
   (O)   Violations. Violations of this section shall be reported to the City Clerk/Treasurer and/or Police Department who shall review the violation and provide written notice to the permit holder of the violation and any necessary remedial actions.
   (P)   Revocation. If a permit holder fails to correct a violation or receives three violations within any 12-month period, the Police Department shall revoke the permit. The City Clerk/Treasurer and/or Police Department shall provide written notice to the owner and any registered agent of the revocation. The notice shall inform the owner and agent of the right to appeal the decision to the City Council.
   (Q)   Appeal. A permit holder aggrieved by the revocation of a short-term rental permit may appeal to the City Council. Such appeal shall be taken by filing with the City Clerk/Treasurer within ten days after date of issuance of the written revocation notice, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the City Clerk/Treasurer in writing, setting forth the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the permit holder at his or her last known address at least five days prior to the date set for hearing.
   (R)   Effect of revocation. If a short-term rental permit is revoked, it shall be unlawful for anyone to thereafter allow any new short-term rental occupancies of the dwelling unit until such time as a valid short-term rental permit is issued by the city. No person who has had a permit revoked under this section shall be issued a short-term rental permit for one year from the date of revocation.
(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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