All of the following uses must comply with the listed standards as well as the rules and regulations of federal, state, and county agencies. Additional standards may be required for specific applications.
(A) Accessory apartments (permitted to increase affordable housing options).
(1) There shall be no more than 1 accessory apartment within a single-family dwelling unit.
(2) Access to the accessory apartment shall be from within the single-family dwelling.
(3) The structure in which an accessory apartment is located shall be owner occupied.
(4) No separate curb cut or driveway shall be permitted for the accessory apartment unit.
(5) Accessory apartments shall maintain a floor area of no less than 300 square feet and no more than 600 square feet containing no more than 1 kitchen, 1 bath, 1 bedroom, and related living space.
(6) Accessory apartments shall not be considered a dwelling unit for the purpose of density.
(B) Accessory dwelling.
(1) The minimum lot area for a property with an accessory dwelling is 5 acres.
(2) Only one accessory dwelling shall be permitted per eligible property, regardless of parcel acreage.
(3) The accessory dwelling shall use the existing driveway for street access. The city will not approve a second street access or driveway for the accessory dwelling.
(4) The principle structure and an accessory dwelling must be supplied with the same water and sewer or septic connection.
(5) The footprint of the accessory dwelling structure, including any attached garage, shall not exceed 800 square feet.
(6) The total floor area shall not exceed 50% of the principle dwelling's total floor area size.
(7) The maximum second floor area of an accessory dwelling shall be less than or equal to 75% of the structure's first floor area.
(8) The property owner shall provide at least one additional improved off-street parking space for the accessory dwelling.
(9) The accessory dwelling shall be used for human habitation and not for business (including home occupation) purposes.
(10) The accessory dwelling shall meet all building code requirements and a building permit must be obtained from the city for the change of use and/or construction activities.
(C) Accessory storage containers.
(1) Accessory storage containers can be used in the MU-2, B-2, B-3, and I Districts only, and only as allowed under this section.
(2) The accessory storage container shall be located in a manner consistent with the setback requirements for accessory structures in the applicable district, unless the city determines that due to the size and configuration of the lot and/or location of existing buildings on the lot, the placement is not feasible.
(3) The accessory storage container shall not displace any required parking spaces used to meet the parking standards of this chapter.
(4) The accessory storage container shall not be placed in any location where it will create pedestrian or vehicular traffic hazards or interfere with orderly traffic circulation or drainage.
(5) The accessory storage container shall be structurally sound. Its exterior surfaces shall be free of rust, holes, sharp edges, torn or damaged siding, exposed wiring, or any other defects that could endanger health or safety.
(6) No accessory storage container shall exceed 14 feet in height, 9 feet in width, or 55 feet in length.
(7) Areas around the accessory storage container shall be free of weeds and debris.
(8) Placement of containers shall be out of public view unless approved by the city.
(D) Assisted living facility, independent living facility, and nursing home. Assisted living facilities, independent living facilities, and nursing homes shall meet all federal, state, and local requirements including, but not limited to, licensing, health, safety, and Building Code requirements. In addition, the following criteria shall be required:
(1) The location, design, and operation of the facility shall be compatible with, and shall not adversely affect, adjacent properties and the surrounding area.
(2) The facility shall be harmonious with surrounding buildings, in respect to scale, architectural design, and building placement. If located within a residential district, the facility shall not alter the residential character of the neighborhood.
(3) The surrounding street network shall be capable of accommodating the traffic generated by the facility.
(E) Agricultural business, seasonal.
(1) Agricultural business, seasonal is permitted in all commercial districts as an accessory use with permission of the property owner.
(2) The majority of product sold shall be grown or raised locally. No sale of product shall take place on a road right-of-way.
(3) Any temporary structure placed on the property for such sales must be removed at the end of the selling season. The size of the temporary structure shall not exceed 100 square feet.
(4) If deemed necessary by the city, off-street parking may be required.
(5) All structures, including temporary structures, shall meet all minimum parking lot setback requirements of the zone in which it is located.
(6) See division (X) of this section for additional seasonal sales requirements.
(F) Bed and breakfast inn.
(1) Bed and breakfast inns shall be located no closer than 1,000 feet from each other.
(2) It is intended that bed and breakfast facilities be a converted or a renovated single-family residence and that this principal function be maintained. No structure shall be constructed for the sole purpose of being utilized as a bed and breakfast facility; an existing structure enlarged or expanded for the purpose of providing additional rooms for guests must be specifically approved by the CUP. The exterior appearance of the structure shall not be altered from its single-family character.
(3) Primary entrance to the guest rooms shall be from within the dwelling unit.
(4) Guests are limited to a length of stay of no more than 30 consecutive days.
(5) No food preparation or cooking shall be conducted within any of the guest rooms. The only meal to be provided to guests shall be morning breakfast, and it shall only be served to 10 guests taking lodging in the facility.
(6) Activities, including luncheons, banquets, parties, weddings, meetings, charitable fund raising, commercial or advertising activities, or other gatherings for direct or indirect compensation, are prohibited at a bed and breakfast facility.
(7) On-site parking, sufficient to handle all guest and owner vehicles, shall be provided.
(G) Cemeteries.
(1) The minimum area of a cemetery shall be 5 acres unless associated with a house of worship.
(2) The site proposed for a cemetery or cemetery expansion shall not interfere with the development of a system of collector or larger streets in the vicinity of the site.
(3) Burial plots, grave markers, monuments, and buildings operated in connection with a cemetery must meet the building setbacks and structure height requirements of the underlying zoning district.
(4) Graves and structures used for interment shall be set back 50 feet from wells.
(5) Cemeteries are prohibited in 100-year flood plain zones.
(H) Drive-thru facilities associated with principal uses.
(1) Stacking space and its access must be designed to control traffic in a manner that does not encroach on pedestrian spaces, parking space, or traffic.
(2) Facilities shall be planned so that traffic patterns to and from the site will not interfere with through traffic and broader circulation patterns.
(I) Day care commercial facility, adult and child. Day care facilities shall meet all federal, state, and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be required:
(1) Adequate on-site drop off-zones, sidewalks, and exterior lighting shall be provided.
(2) The amount of traffic or noise to be generated shall not be excessive.
(3) Adequate open space and recreational area shall be provided.
(J) Day care home, adult and child.
(1) Day care homes shall meet all state and local requirements including, but not limited to, licensing, health, safety, and building code requirements. In addition the following criteria shall be required:
(a) Adequate on-site drop-off zones, sidewalks, and exterior lighting shall be provided.
(b) The amount of traffic or noise to be generated shall not be excessive.
(c) Adequate open space and recreational areas shall be provided.
(d) The day care home shall retain a residential character and the affect of the day care home shall not alter the residential character of the neighborhood.
(e) The operation of the day care home shall not adversely impact surrounding properties.
(f) In residential districts, day care homes shall be subject to single-family residential use requirements of the district in which they are located.
(2) Services are provided in a protective setting for more than 3, up to a maximum of 14 children or adults for less than 24 hours per day.
(K) Essential service - utility substation.
(1) Notwithstanding the prohibition against 2 or more uses on an individual parcel, the lot area for essential service utility substation can be acquired by lease; provided, however, the lot shall be large enough so all structures/facilities comply with the required setbacks for the zoning district.
(2) The approved lot, when no longer needed or used by the utility, shall be returned to its original state. The city may require a bond to ensure compliance with this standard.
(3) The site shall be landscaped to screen the facility from view from property lines and road(s).
(4) Utility substations or any other essential services as defined above containing antennas and towers greater than 45 feet in height must comply with division (KK) of this section.
(L) Golf courses/golf driving ranges.
(1) Accessory uses. Accessory uses to a golf course are limited to a driving range, putting greens, a pro shop, a club house, locker rooms, a restaurant and bar, maintenance buildings, and parking facilities.
(2) Screening and/or landscaping shall be installed as regulated by the city.
(3) An environmental assessment worksheet may be required for the development of a golf course facility. Costs associated with the preparation of the environmental assessment worksheet shall be borne by the applicant.
(4) Minimum lot area of 35 acres is required for the golf course. The parcel shall be a separate parcel of record.
(5) Hours shall be 7:00 a.m. to dusk.
(6) No lighting except security lighting is permitted.
(7) The site shall be large enough so that safety netting is kept to a minimum to keep golf balls on the property.
(8) A maximum of 25 tees are permitted for the driving range.
(9) A public address system is prohibited.
(10) Sanitary facilities shall be provided in accordance with the Minnesota State Building Code.
(11) The facility shall be an open-air type facility. A domed or any other type of covered facility is prohibited.
(12) Flags shall be used for markers.
(M) Home occupations.
(1) No person, other than the residents of the premises, shall be engaged in a home occupation. The home occupation shall be located in the main principal structure or permitted accessory structures.
(2) Vehicular traffic and parking shall not be increased by more than 1 additional vehicle at a time.
(3) Any sign associated with the home occupation shall be in compliance with §§ 153.207 et seq.
(4) The home occupation shall not generate hazardous waste unless a plan for off-site disposal of the waste is approved.
(5) A home occupation at a dwelling with an on-site sewage treatment system shall only generate normal domestic household waste unless a plan for off-site disposal of the waste is approved.
(6) The home occupation shall not exceed 25% of the total floor area of the principal building (except home day care uses).
(7) The home occupation shall not be established prior to the member(s) of the family conducting the home occupation taking possession of, and residing in, the dwelling.
(8) The home occupation shall not change the fire rating of the structure.
(9) The receipt, sale, or shipment of deliveries shall not be permitted on or from the premises, with the exception of regular U.S. Mail and/or an express shipping service that is characteristic of service to residential neighborhoods.
(10) No exterior alteration that changes the residential character of the principal building shall be permitted.
(11) The home occupation shall not constitute, create, or increase a nuisance to the criteria and standards established in this chapter.
(12) There shall be no outdoor display or storage of goods, equipment, or materials for the home occupation.
(13) Parking needs generated by the home occupation shall be provided on-site.
(14) Any type of motor vehicle service and repair is a prohibited home occupation.
(15) Home day cares shall comply with requirements in division (H).
(N) Horse training facilities.
(1) Horse training facilities shall meet the setback requirements for detached domesticated farm animal buildings and agricultural farm buildings.
(2) Horse training facilities equipped with wash stalls shall be provided with a drainage and septic system separate from the principal structure.
(3) All horse training facilities must meet the animal density per acre and livestock operation requirements described in division (O) of this section.
(4) All accessory buildings must meet the requirements for size described in §§ 153.110 et seq.
(5) A manure management plan may be required by the city.
(6) Horse training facilities are considered accessory to residential or farm dwellings.
(7) Private horse training facilities may not be used for human living quarters, preparing of meals, or for similar personal living activities.
(8) One full-time employee for the horse training facility may reside at the property, including the stable. Living quarters for the employee must meet the standards of the Building Code.
(9) Every commercial horse training facility, or portion thereof, where the public is served shall be provided sanitary facilities.
(10) The property owner of land to be used for a horse show must provide information on traffic volume, number of participants, sanitary service, and human and animal waste disposal.
(O) Kennel, commercial.
(1) Commercial kennels are used for boarding, grooming, training, breeding, and the sale of domestic animals over 6 months of age.
(2) Commercial kennels in commercial and industrial districts shall meet the underlying zoning requirements.
(3) Commercial kennels in rural residential and agricultural zoning districts shall be placed on a lot of not less than 5 acres and be setback 100 feet from all property lines.
(4) Commercial kennels in rural residential and agriculture zoning districts are considered an accessory use and home occupation.
(5) Commercial kennels must be connected to public sewer or an on-site treatment system to handle the waste.
(6) The harboring of non-domestic pets is not permitted in any district.
(7) Kennels and runs shall provide protection against weather and be enclosed. Floors of runs shall be made of impervious material to permit proper cleaning and disinfecting.
(8) All animal quarters and runs are to be kept in a clean, dry, and sanitary condition.
(9) Fencing surrounding exercise areas and/or runs shall be of a sufficient height to prevent escape and shall be buried as part of installation to prevent escape by digging beneath the fence posts.
(10) Kennel noise shall be mitigated so as to not create a public nuisance for adjoining properties. This shall exclude noise from exercise or training while outdoors during the daytime. Kennels shall comply with all local noise regulations.
(P) Kennel, private.
(1) Private kennels for 3 or fewer domestic animals over 6 months of age.
(a) Kennels shall be considered an accessory structure for setback purposes.
(b) Domestic animals held in a kennel must be owned by a member of the household.
(c) Kennels may only be located in the rear yard.
(d) The harboring of non-domestic pets is not permitted.
(e) Kennel enclosure shall consist of a concrete slab surrounded by fencing with a roof or other protection from the elements.
(f) Kennels must be clean and maintained at all times.
(2) Private kennels for 4 or more of any type of domestic pets over 6 months of age.
(a) Pets must be owned by a member of the household.
(b) Private kennels are accessory to the principal use of the property.
(c) The harboring of non-domestic pets is not permitted.
(d) Private kennels may only be located in the rear yard and must have a setback of 100 feet from all property lines.
(e) Kennels structures shall consist of a concrete slab surrounded by fencing with a roof or other protection from the elements.
(f) The keeping of 4 or more pets in a residential dwelling unit shall be considered a private kennel for the purpose of this chapter. The residential dwelling unit shall meet the required setbacks for a private kennel.
(Q) Livestock and livestock operations.
(1) Livestock may be allowed in C, A, and RR Districts. See § 153.051 for requirements regarding nonconforming livestock and livestock operations in other districts. The harboring of non-domestic pets is not permitted in any district.
(2) No livestock shall be placed on any site of less than 5 acres, except chickens located on single-family properties located in residential zoning districts meeting additional requirements in § 153.096(OO).
(3) The following shall be the minimum setback requirements for feedlots:
(a) Parks: 300 feet;
(b) DNR protected watercourse or lake: 300 feet;
(c) Wetlands: 200 feet;
(d) Private well: 100 feet.
(4) The following equivalents shall apply when determining animal units:
Animal | Animal Units |
Animal | Animal Units |
One mature dairy cow | 1.4 |
One slaughter steer or heifer | 1.0 |
One horse | 1.0 |
One swine over 55 pounds | 0.4 |
One goose or duck | 0.2 |
One goat or sheep | 0.1 |
One swine under 55 pounds | 0.05 |
One turkey | 0.018 |
One chicken | 0.01 |
For animals not listed above, the number of animal units shall be defined as the average weight of the animal divided by 1,000 pounds.
(5) (a) A minimum of 2 grazable acres shall be provided for each animal unit or its equivalent. “Grazable acres” shall be defined as open, non-treed acreage currently providing enough pasture or other agricultural crops capable of supporting summer grazing at the density stated above.
(b) The keeping of livestock in a greater density than allowed as stated above shall be considered a feedlot and require a conditional use permit (CUP). To obtain such a permit, the applicant must demonstrate that they have improved pastures and/or facilities present and appropriate practices are being employed to preclude surface or ground water contamination, excessive manure accumulation, odor, noise, and other nuisances.
(6) The construction of an earthen waste storage basin is permitted, provided a CUP is issued.
(a) The structure shall not be used for the storage of animal manure for a period in excess of 12 months or the time period for which it was designed.
(b) The design of the structure shall be prepared and designed by a registered professional engineer or staff from the Washington County Soil and Water Conservation District qualified in the design of earthen structures or prepared by other professionals specializing in the design of the structures and with the proper training for the design and signed by a registered professional engineer.
(7) Livestock may graze within Shoreland and Bluff Impact Zones, provided permanent vegetation is maintained or a conservation plan has been submitted to the city that is consistent with the technical guides of the city and Washington County Soil and Water Conservation District.
(8) Domestic farm animal accessory structures:
(a) Domestic farm animal accessory structures must meet the requirements of this section and the City Code.
(b) All domestic farm animal structures, feedlots, and manure storage sites shall be set back as follows:
Natural/Man-Made Features | Horizontal Setbacks |
Any property line | 100 feet |
Any existing well or residential structure on the same parcel | 50 feet |
Any existing well or residential structure on adjacent or nearby parcel | 200 feet |
Any body of seasonal or year-round surface water | 200 feet |
(c) Location:
1. Domestic farm animal feedlots or manure storage shall not be placed on slopes that exceed 13%;
2. Evidence of seasonally high ground water level or mottled soil shall not be closer than 3 feet to the natural surface ground grade in any area within any proposed structure and/or feedlot;
3. No marsh or wetland (as established by the predominant wetland vegetation and/or soils) shall be utilized for placement of the proposed structure and feedlot, nor shall the structures and/or feedlots be placed where surface runoff will be toward a marsh or wetland.
(R) Manufacturing.
(1) Exterior storage is permitted as an accessory use to the permitted use, provided it meets the following standards:
(a) The exterior storage area must be located to the rear of the building;
(b) The exterior storage area must be fenced and fully screened from view.
(2) A manufacturing facility may contain a retail sales room, provided it meets the following standards:
(a) Retail sales are limited to those products that are produced by the manufacturing use;
(b) Retail sales use shall not occupy more than 20% of the manufacturing building;
(c) All loading and unloading areas to the facility shall be located on the side or rear of the building, provided these areas shall be screened from view.
(S) Motor vehicle dealership.
(1) A minimum lot area of 1 acre is required and the use shall be on 1 lot or contiguous lots not separated by a public street or other use.
(2) A minimum lot width of 100 feet is required.
(3) The parking area for the outside sales and storage area shall be hard surfaced before the operation of business begins and maintained to control dust, erosion, and drainage.
(4) Interior concrete or asphalt curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas.
(5) All areas of the property not devoted to building or parking areas shall be landscaped.
(6) Electronic speaker devices shall be regulated as provided in § 153.253 of this chapter and Chapter 96 of the City Code.
(T) Motor vehicle repair.
(1) The entire site, other than that devoted to structures and landscaped areas, shall be an impervious surface and maintained for control of dust, erosion, and drainage.
(2) Location and number of access driveways shall be approved by the City Engineer.
(3) No vehicles shall be parked on the premises other than those utilized by employees, customers awaiting service, or as allowed through a CUP. Storage of salvage vehicles shall be prohibited.
(4) All areas utilized for the storage and disposal of trash, debris, discarded parts, and similar items shall be fully screened. All structures and ground shall be maintained in an orderly, clean, and safe manner.
(5) Screening shall be provided to buffer the use from adjacent residential land uses.
(U) Motor vehicle service station.
(1) A minimum lot width of 150 feet is required.
(2) The setback of all buildings, canopies, and pump islands shall be in compliance with the standards of the zoning district in which the use is located.
(3) The total height of any overhead freestanding canopy shall not exceed 20 feet in height. The canopy shall be designed to match the principal building and materials.
(4) A system for collection of hazardous materials must be installed.
(5) The entire site, other than that devoted to structures and required landscape areas, shall be an impervious surface and maintained for control of dust, erosion, and drainage.
(6) Wherever fuel pumps are installed, pump islands shall be installed. Pump islands shall not be placed in the required yards.
(7) Interior concrete curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas.
(8) Access drives onto a road must be approved by the City Engineer.
(9) No vehicles shall be parked on the premises other than those utilized by employees, customers awaiting service, or as allowed through a CUP. Storage of salvage vehicles shall be prohibited.
(10) Exterior storage shall be limited to vehicles, service equipment, and items offered for sale on pump islands; exterior storage of items offered for sale shall be within yard setback requirements and shall be located in containers such as racks, metal trays, and similar structures designed to display merchandise or as indicated by the CUP.
(11) All areas utilized for the storage and disposal of trash, debris, discarded parts, and similar items shall be fully screened. All structures and ground shall be maintained in an orderly, clean, and safe manner.
(12) Electronic speaker devices shall be regulated as provided in § 153.253 of this chapter and Chapter 96 of the City Code.
(V) Motor vehicle wash.
(1) The site shall be designed to provide additional parking or car stacking space to accommodate that number of vehicles that can be washed during a 15 minute period.
(2) The car wash shall be serviced with a public sanitary sewer system.
(3) The city may impose additional requirements, with regard to drip/dry time, to help reduce the negative icing impacts during the winter months.
(4) The car wash shall be designed of the same materials as the principal building.
(5) Neither the car wash nor accessory vacuum shall be located within 300 feet of any residential land use or zoned property, unless completely screened by a building or located across an arterial or major collector roadway from residential land use or zoned property.
(6) Both the car wash and accessory vacuum shall conform to noise regulations in § 153.253 of this chapter and Chapter 96 of the City Code.
(W) Outdoor sidewalk seating.
(1) Seasonal expansion of a permitted restaurant, delicatessen, or lunch shop.
(a) The dining area shall be separated from the public walkway area by decorative bollards, planters, or fencing.
(b) Public sidewalk space between the defined dining area and the curb shall not be less than 6 feet.
(c) Landscaping shall be either in planters or pots that are removable in the off-season.
(d) Design of the dining area shall be compatible with the main structure to which the facility is accessory.
(e) Food or beverages purchased at a seasonal expansion sidewalk café shall be consumed on the premises.
(f) There shall not be less than 15 square feet per seat in the outdoor dining area.
(2) Sites for either type of outdoor sidewalk café shall be maintained in an orderly, clean, and sanitary manner and be free of debris at all times.
(a) Trash containers and staffing shall be available at all times to facilitate this condition.
(b) Litter shall be picked up on a daily basis.
(c) Maintenance of all private facilities on public property shall be the owner’s responsibility.
(3) Owners of sidewalk cafes shall hold the city harmless from all liability associated with the operation and maintenance of the outdoor sidewalk seating.
(X) Pigeons, keeping of. Domesticated racing, fancy and sporting pigeons are permitted to be kept on any single family lot within the city with a certificate of compliance subject to the following:
(1) All premises in which pigeons are kept or maintained shall be kept reasonably clean from filth, garbage and any substances which attract rodents. The loft or structure in which the pigeons are kept and its surroundings must be cleaned daily.
(2) The loft must be constructed and maintained so as to be rodent proof.
(3) All pigeons shall be fed within the confines of the loft in which the pigeons are housed. The pigeons shall be confined to the loft except when they are released for exercise, performance, training, or to return from areas outside the premises for the purpose of engaging in a race or returning from training flights.
(4) All grains and food stored for the use of the pigeons shall be kept in a rodent proof container.
(5) Pigeons shall not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property.
(6) Lofts will be located in the rear yard only and shall be at least 50 feet from habitable structures located on adjacent properties.
(7) The loft shall provide a minimum of 1 square foot of floor space per bird.
(8) The property on which the pigeons are kept or maintained shall meet all accessory structure requirements of the City Code including those pertaining to location, size, number, height, use and design.
(9) The certificate of compliance shall state the number of pigeons which may be maintained on the premises. In no case shall the number of pigeons exceed 100
birds.
(10) The City may enter and inspect any property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with the certificate of compliance and the City Code.
(Y) Place of worship.
(1) The minimum lot area required is 1 acre.
(2) Landscaping shall be installed to buffer the use from adjacent residential land uses and to provide screening. A landscape plan, as required by §§ 153.230 et seq., shall be submitted to the city at the time of application for a CUP.
(3) All accessory residential or school uses upon the premises shall be subject to all requirements of this chapter. A Planned Unit Development is required when the use requires more than 1 building and an accessory storage building meeting the requirements of the underlying zoning district.
(4) Places of worship shall be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties.
(Z) Plant nurseries, wholesale.
(1) The minimum lot area shall be 10 acres.
(2) The majority of product sold on the property shall be grown or raised on the property.
(3) The exterior storage of landscape equipment and storage areas shall be screened from view of all streets and property lines.
(4) Commercial plant nurseries shall meet the requirements of the zoning district in which they are located.
(AA) Recreational, commercial.
(1) A minimum lot area of 2 acres shall be provided.
(2) All structures (including backstops, goal posts, and the like) shall meet the required setbacks for the district in which it is located.
(3) There shall be no overnight accommodations provided for the guests or visitors of the recreation area.
(4) Food service may be permitted on the property provided it only serves food and refreshments to guests and visitors of the facility.
(5) Information shall be provided regarding the recreational activities provided, number of members and participants in the recreation programs, sanitary facilities and waste disposal, security, lighting, and hours of operation.
(6) Screening may be required to buffer the use from adjacent residential land use.
(7) A transportation management plan shall be submitted to the city at the time of application. This plan shall address off-street parking and traffic control, including the mitigation of overflow parking and traffic movement to the public street system and impact on the surrounding roadways.
(8) A grading and drainage plan shall be submitted. The standards of the city and the Watershed District must be met.
(9) A caretaker dwelling unit is permitted. The residence is to be used strictly for the caretaker and the caretaker’s family. No separate driveway or curb cut shall be permitted for the residence from any roadway.
(BB) Recycling center.
(1) Landscaping shall be installed to buffer the use from adjacent residential land uses and to provide screening from all roads. A landscape plan shall be submitted to the city at the time of application for a CUP.
(2) The processing equipment shall be enclosed within a structure.
(3) Recyclable material may be stored outside, provided the materials are stored in a covered container. Exterior storage areas shall be surfaced with concrete, asphalt, or other impervious surface material approved by the city. Exterior storage areas shall not be located in areas where storm water runoff from the storage area can enter the storm sewer, sanitary sewer, or other surface or ground waters.
(4) Exterior storage must be screened from view of all adjacent properties.
(5) An all-weather road negotiable by loaded collection vehicles or other transportation units shall be provided from the entrance gate of the facility to loading and unloading areas. Access to the site shall be controlled to prevent unauthorized dumping.
(6) In the event the business ceases operation, the owner or operator must close the recycling center in a manner that prevents the escape of pollutants to ground water or surface waters, to soils, or to the atmosphere during post-closure period. Where the facility is regulated by closure rules of the Minnesota Pollution Control Agency (MPCA), the closure rules must be complied with.
(7) The owner or operator shall submit a financial guarantee to the city to ensure compliance with the permit and the closure requirements.
(CC) Residential facility, licensed.
(1) A residential facility serving 1 to 10 individuals and appropriate staff shall be allowed in all residential and agricultural districts.
(2) A residential facility serving over 11 individuals and appropriate staff shall be allowed with a CUP in all commercial and industrial districts.
(3) All appropriate licenses must be obtained from state and county agencies.
(4) The facade facing the public right-of-way or roadway of any dwelling unit used for a residential care facility in the agricultural and residential districts shall be maintained as a residential dwelling.
(5) No residential facility shall provide accommodations to persons whose tenancy would constitute a direct threat to the health and safety of other individuals.
The facility cannot accept court ordered referrals for treatment in lieu of incarceration without adequate security.
(6) Off-street parking standards of this chapter must be met.
(7) Adequate utilities, including sewage disposal, must be available.
(8) All building and fire codes must be met.
(9) Residential care facilities shall not be closer than 1,000 feet to each other.
(DD) Resort facility.
(1) Permitted uses:
(a) Overnight lodging to serve visitors of the resort;
(b) Recreational facilities, including, but not limited to, golf course, racquet sports facilities, nature trails, bike paths and ski areas;
(c) Meeting rooms;
(d) Restaurant and lounge.
(2) The resort shall be located on a site of at least 50 acres.
(3) At least 50% of the site shall be dedicated to permanent open space excluding streets and parking areas.
(4) No more than 50 units of overnight lodging shall be provided.
(5) The maximum density shall not exceed 1 guest room per acre.
(6) Setbacks and height shall be in accordance with the underlying zoning district.
(7) Meeting/conference facilities shall be limited to 100 persons.
(8) All uses in the resort shall be harmonious with each other through the use of special design, placement, or screening. Architecturally, the structures shall blend in with the natural environment.
(EE) Schools.
(1) The minimum lot area required for schools is 1 acre.
(2) Landscaping may be required to be installed to buffer the use from adjacent land uses, provide screening, and reduce noise.
(FF) Self-service storage facility.
(1) Units are to be used for dead storage only. Units are not to be used for retailing, auto repair, human habitation, or any commercial activity. Storage of any flammable or hazardous material is prohibited.
(2) One off-street parking space is required for each 10 storage units, and 2 spaces are required for the live-in manager if 1 is provided for. Interior drives must be wide enough to accommodate a parked car and traffic that must pass.
(3) No outside storage is allowed.
(4) An on-site manager may be allowed, provided adequate sanitary facilities are provided.
(5) The facility shall be secured by either the walls of the structure and/or fencing. All doors on the units shall face inward and away from the street.
(6) Only 1 entrance and exit to the facility are allowed except for an additional emergency exit.
(GG) Temporary dwelling care facility.
(1) The property is limited to 1 temporary care facility.
(2) Minimum lot size is 10 acres.
(3) The temporary care facility will be an accessory dwelling unit to be occupied by persons who are:
(a) Infirm to the extent that they require extraordinary care;
(b) That such care can only be provided by family members residing in the principal dwelling house on the premises; and
(c) In the infirmity, and the need for care required by (a) and (b) above shall be verified by written statement of a physician.
(4) The temporary care facility shall use the existing road access drive of the principal dwelling unit.
(5) The structure is subject to the same zoning dimensional setbacks as the principal dwelling unit. The structure shall not be closer to the road right-of-way than the principal building. The structure shall be located to the side or rear of the principal building and shall be screened from view of the road right-of-way.
(6) The unit must be connected to an approved on-site waste disposal system.
(7) The property owner shall submit a financial guarantee to the city to ensure the structure will be removed upon termination of the IUP. The amount of guarantee shall be determined by the city.
(8) The IUP shall be conditioned that it will expire and terminate at such time as the care facility is no longer the residence of the person or persons suffering from the infirmity that requires such care, or at such time as such care is no longer required. At the time of termination of the IUP, the temporary dwelling/care facility shall be removed from the premises within 30 days.
(9) Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.
(HH) Temporary dwelling during construction.
(1) Temporary dwellings during construction are allowed in all zoning districts with a IUP in emergency situations such as fire, tornado, and storm damage.
(2) The property is limited to 1 temporary dwelling unit during construction.
(3) The dwelling can only be occupied by persons who are the present occupants of the single-family residence being constructed, reconstructed, or altered.
(4) The IUP is issued only after the building permit has been obtained for the proposed construction.
(5) The temporary dwelling unit shall use the existing road access drive of the principal dwelling unit under construction and shall meet all required setbacks.
(6) The unit must be connected to an approved sewage system.
(7) The property owner shall submit a financial guarantee to the city to ensure that the structure will be removed upon termination of the IUP. The amount of the guarantee shall be determined by the city.
(8) The IUP shall expire when construction is completed or within 180 days from the date of issuance, whichever is less. Renewal of the permit may be approved by the city. At the termination of the certificate of compliance, the temporary dwelling shall be removed from the premises within 30 days.
(II) Temporary/seasonal sales.
(1) Temporary/seasonal sales shall require approval of a certificate of compliance and a license from the city (if applicable) to operate.
(2) Approval of the local Fire Marshal is required.
(3) Sales area may operate between the hours of 7:00 a.m. and 9:00 p.m.
(4) A site plan shall be provided illustrating that the location of the temporary/seasonal sales facility meets all required parking lot setbacks, unless otherwise determined by the city.
(5) A temporary/seasonal sales area must be located in a commercial district. It may not be placed in the public right-of-way, nor shall it impair traffic visibility (see § 153.076).
(6) Must be placed on an approved dustless surface such as bituminous or concrete.
(7) Parking shall be available to those purchasing goods from the temporary/seasonal sales area (see §§ 153.125 et seq. for parking requirements).
(8) Temporary/seasonal sales facilities may not be permanently connected to permanent utilities, including electric, gas, sewer, water, and phone.
(9) One temporary banner not exceeding 40 square feet may be used in conjunction with the temporary/seasonal sales operation and will be considered special event signage for the principal use and/or property
owner hosting the temporary/seasonal sales area as defined in § 153.210.
(10) Trash containers shall be provided on-site for debris.
(11) All waste from the operation shall be properly disposed of.
(12) Temporary/seasonal sales may occur up to 2 times a year on a specific property of a business or businesses and no longer than 60 consecutive days with 60 days between events.
(13) Copies of all applicable permits from the state and county shall be provided to the city.
(14) The owner of the property on which the sales facility is placed shall not be in violation of any code or ordinance or have unpaid taxes or utility bills.
(15) The city reserves the right under this chapter to shut down a temporary seasonal sales operation even after the granting of approval if the operation is posing safety concerns, has become a nuisance, or has violated any requirement of this section.
(16) See division (C) of this section for seasonal agricultural businesses.
(JJ) Towers.
(1) General standards for all towers.
(a) Requirements. The construction of a new tower in excess of 35 feet, or the addition of a new apparatus on an existing tower or building, may be allowed in certain zoning districts following the issuance of a certificate of compliance, IUP, or a CUP.
(b) Nonconformities. Any existing tower that becomes nonconforming as a result of this section may continue its use. Additional apparatus may be attached to the tower structure. The apparatus shall meet all requirements of this chapter. If the tower needs to be replaced, it may be permitted with a certificate of compliance so long as it is of the same type (guyed, self-support, or monopole), same height, same marking (lighting and painting), and will be located within 10 feet of the tower to be replaced. The only permitted reasons for replacement of an existing, nonconforming tower will be to increase the structural integrity of the structure. If a tower requires replacement for any other reasons, the replacement tower shall meet all of the standards of this chapter or as required by Minnesota State Statute.
(c) Exception. In any district, a proposed tower 200 feet high or less located within the easement of overhead high voltage transmission lines with towers 75 feet in height or higher or within 50 feet of the transmission line easement on the same side of the road will not be required to meet the standards of divisions (II)(2)(n), (II)(3)(a), and (II)(6)(a) hereof, but will be required to meet all other standards. This exception does not apply in the Shoreland Overlay District.
(d) Other requirements.
1. All rules and regulations of the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) must be met and complied with.
2. In the event of revocation of a permit or the apparatus is no longer in use, the tower, apparatus, and all accessory structures must be removed and the site restored to its original condition within 120 days. Failure to do so will result in the city completing the removal and site restoration; the city’s cost shall be assessed against the property and collected as real estate tax.
(2) Performance standards for all towers.
(a) On any parcel of land zoned for agricultural or residential purposes, the minimum lot size for construction of a tower shall be 10 acres. On a vacant parcel of land zoned for commercial/industrial purposes, the minimum lot size is 2.5 acres. On a parcel of land on which a principal use exists, a tower shall be considered an accessory use and a smaller parcel of land may be leased, provided all standards contained in this chapter can be met. (See additional requirements for wind energy conversion systems, division (II)(7) of this section).
(b) A single tower on a parcel shall not be included in the allowed number or square footage for detached accessory structures.
(c) Towers shall be designed and engineered to collapse progressively within the distance between the tower and property line. The application for any tower shall submit written documentation explaining tower construction and possible failure and provide assurance that blowing or falling ice can be contained on the subject property.
(d) A tower shall be located on a parcel of land so as to have the least impact on adjoining properties; any negative impacts of the tower shall be confined as much as possible to the property on which the tower is located.
(e) The tower location shall provide the maximum amount of screening for off-site views of the facility. The city reserves the right to require creative design measures to camouflage facilities by integrating them with existing buildings and among other existing uses. Existing on-site vegetation shall be preserved to the maximum extent practicable.
(f) Structural design and mounting and installation of apparatus and tower shall be in compliance with manufacturer’s specifications. The plans shall be approved and certified by a registered professional engineer.
(g) In general, self-supporting towers (i.e. those without the use of wires, cables, beams, or other means) are preferred. The use of a guyed tower is permitted for new tower construction if there is an aesthetic and/or apparatus supporting capability advantage. Anchors for the guyed wires must meet underlying setback requirements.
(h) Associated base equipment must be located within a structure. The base of the tower and any accessory structures shall be landscaped where practical. Tower accessory structures shall be constructed of materials designed to minimize visibility to the neighborhood.
(i) The tower shall be a color demonstrated to minimize visibility unless otherwise required by FAA regulations.
(j) Metal towers shall be constructed of or treated with corrosive resistant material.
(k) Generally, only 1 tower is permitted on a parcel of land. If in the opinion of the city a particular parcel is well suited for more than 1 tower, the additional tower may be allowed following the issuance of a CUP or IUP. All other standards contained in this chapter must be met. (See division (II)(7) of this section for wind energy conversion system apparatus.)
(l) All towers shall be reasonably protected against unauthorized climbing. The bottom of the tower from ground level to 12 feet above ground shall be designed in a manner to preclude unauthorized clinching or shall be enclosed by a 6 feet high chain link fence with a locked gate.
(m) Tower owners shall be required to conduct an annual inspection of their facilities by a qualified professional to insure continuing compliance with this chapter. A copy of the annual inspection report shall be available to the city for review. All defects shall be reported to the city for review.
(n) The tower shall be located twice the tower height to any residential dwelling other than the dwelling on the parcel on which the tower is to be located or a minimum of the tower height from any property line. However, towers must meet the setback in the zoning district they are located in if the setback is greater than the height of the tower.
(3) Prohibitions for all towers.
(a) No temporary mobile cell sites are permitted except in the case of equipment failure, equipment testing, or in the case of an emergency situation as authorized by the Public Safety Director. Use of temporary mobile cell sites for testing purposes shall be limited to 24 hours, use of temporary mobile cell sites for equipment failure or in the case of emergency situations shall be limited to a term of 30 days. These limits may be extended by the Public Safety Director.
(b) Permanent platforms or structures other than those necessary for safety purposes or for tower maintenance are prohibited.
(c) No tower shall have lights, reflectors, flashers, daytime strobes, steady night time red lights, or other illuminating devices affixed or attached to it unless required by the FAA or FCC.
(d) No advertising or identification signs shall be placed on towers.
(4) Application - tower and apparatus.
(a) In the event that an application is only to add a new apparatus to an existing tower or structure, the city may waive some of the requirements of this section.
(b) In addition to the submittal requirements required elsewhere in this chapter, applications for CUPs, IUPs, or certificates of compliance for new
towers and apparatus shall be accompanied by the following information.
1. A report from a registered professional engineer that:
a. Describes the tower height and design, including a cross-section and elevation;
b. Certifies the tower’s compliance with structural and electrical standards;
c. Describes the tower’s capacity, including the potential number and type of apparatus that it can accommodate;
d. Certifies that the applicant will not cause destructive interference to established communications, frequencies, and equipment;
e. Describes the lighting to be placed on the tower if the lighting is required by the FCC or FAA;
f. Specifies the distance to any Department of Natural Resources (DNR) protected lake or river, any boundary of a park, and/or structures within 1,000 feet of the parcel boundary that a tower is located on.
2. Written acknowledgment by the landowner that he will abide by all applicable CUP or certificate of compliance conditions.
(c) The city may, at its discretion, require visual impact demonstrations, including:
1. Mock-ups and/or photo montages;
2. Screening and painting plans;
3. Network maps;
4. Alternative site analysis;
5. Lists of other nearby other towers; or
6. Facility design alternatives for the proposed tower.
(d) The city is authorized to employ/hire a consultant to review technical materials submitted by the applicant or to prepare any technical materials required but not submitted by the applicant. The applicant shall pay the costs of the review and/or independent analysis. Any proprietary information disclosed to the consultant hired shall remain non-public and subject to the terms and conditions of a properly executed non-disclosure agreement.
(5) Tower standards by districts. Towers are regulated differently depending on the zoning district in which the property is located. The following are the standards in each district:
(a) Agriculture, Conservancy, Agricultural Preserve Overlay, and MXR-1 districts.
1. The following are permitted with a certificate of compliance:
a. Apparatus attached to an existing structure or tower not exceeding 15 feet above the highest point of the structure or tower;
b. A tower within the easement of a high power overhead transmission line or within 50 feet of the easement on the same side of a road to a maximum height of 200 feet.
2. The following are permitted with a CUP or IUP:
a. A freestanding tower not exceeding 160 feet in height;
b. Apparatus attached to an existing structure or tower exceeding 15 feet above the highest point of the structure or tower up to a total maximum height of 175 feet, including tower and apparatus.
(b) Rural residential districts.
1. The following are permitted with a certificate of compliance:
a. Apparatus attached to an existing structure or tower not exceeding 15 feet above the highest point of the structure or lower;
b. A tower within the easement of a high power overhead transmission line or within 50 feet of the transmission line height of 200 feet.
2. The following are permitted with a CUP:
a. A freestanding tower not exceeding 100 feet in height;
b. Apparatus attached to an existing structure or tower exceeding 15 feet above the highest point of the structure or tower up to a maximum height of 115 feet, including tower and apparatus.
(c) Multiple-family and high density residential districts.
1. The following are permitted with a certificate of compliance:
a. Apparatus attached to an existing structure or tower not exceeding 15 feet above the highest point of the structure or tower;
b. A tower within the easement of a high power overhead transmission line or within 50 feet of the easement on the same side of a road to a maximum height of 200 feet.
2. The following are permitted with a CUP:
a. A freestanding tower not exceeding 75 feet in height;
b. Apparatus attached to an existing structure or tower exceeding 15 feet above the highest point of the structure or tower up to a total maximum height of 90 feet, including tower and apparatus.
(d) Commercial and industrial districts.
1. The following are permitted with a certificate of compliance:
a. Apparatus attached to an existing structure or tower not exceeding 15 feet above the highest point of the structure or tower;
b. A freestanding tower up to 153 feet;
c. A tower within the easement of a high power overhead transmission line or within 50 feet of a transmission line easement on the same side of a road up to a maximum height of 200 feet.
2. The following are permitted with a CUP:
a. A freestanding tower not exceeding 200 feet in height;
b. Apparatus attached to an existing structure or tower exceeding 15 feet above the highest point of the structure or tower up to a total maximum height of 15 feet, including tower and apparatus.
(6) Additional standards for communication apparatus.
(a) A proposal for a new wireless communication service shall not be approved unless it can be shown by the applicant that the telecommunication equipment planned for the proposed tower cannot be accommodated:
1. On an existing tower;
2. On a tower that has been permitted by the city (even though it may not yet be constructed); or
3. On a tower whose application for a certificate of compliance, IUP, or CUP is currently pending before the city.
(b) No tower shall be over 200 feet in height or within 1 mile of another tower, regardless of municipal boundaries.
(c) The height of a tower shall allow for the co-location of additional antennas as follows:
1. Structures from 100 to 125 feet, a minimum of 2 tenants;
2. Structures from 125 to 200 feet, a minimum of 3 tenants;
3. Structures above 200 feet but less than 300 feet, a minimum of 4 tenants.
(d) Antennas attached to a tower may consist of metal, carbon fiber, or other electromagnetically conductive rods or elements. The antennas are regulated to the extent the regulations are not preempted by the FCC.
(e) If space is available on a tower, the tower owners shall, in good faith, lease space to other users so long as there is no disruption in the existing service provided by the towers existing users or no negative structural impact upon the tower. If a dispute arises and as a condition to any permit or certificate of compliance, the city, at its discretion, reserves the right to act as arbiter in determining if a tower owner is acting in good faith in leasing to other tenants.
(f) The criteria for granting a modification under this section shall be the presentation of engineering data that demonstrates that services cannot be provided to a specific area of the city.
(7) Additional standards for wind energy conversion apparatus.
(a) The parcel on which a wind energy conversion system is proposed to be located must be at least 10 acres in size. For more than 1 tower, 40 acres minimum is required and a CUP is required regardless of height. The ability to have more than 1 tower shall only be allowed in the C, A, and RR zoning districts.
(b) Rotors shall have a clearance of 30 feet over any tree or structure within 100 feet of the tower. Each wind energy conversion system shall be equipped with both a manual and automatic breaking device capable of stopping the wind energy conversion system in high winds (40 miles per hour or greater).
(c) All state, county, and local noise standards must be met. Applicable electrical permits/inspections must be obtained.
(8) Additional standards other than wind conversion or communication apparatus. All other apparatus shall require a CUP regardless of height.
(9) Amateur radio antenna. Amateur radio antenna shall be subject to the applicable provisions of § 153.096(II), and shall also comply with the following standards:
(a) Amateur radio antenna shall not exceed a height of 75 feet in any residential zoning district.
(b) The total area of the amateur radio antenna shall not encompass more than 120 square feet.
(c) No amateur radio antenna shall be located within the front yard of any Residential zoning district.
(d) Amateur radio antennas attached or mounted to buildings shall comply with the requirements of the International Building Code as adopted, wind design of the State Building Code, and such compliance and method of attachment shall be certified by a registered state structural engineer.
(e) The amateur radio antenna shall be located and designed so as to minimize impact at street level from surrounding properties and public streets.
(f) Freestanding amateur radio antennas, including those attached to buildings for additional support, shall be set back from the side and rear lot lines a distance at least equal to their height.
(g) Before erecting an amateur radio antenna, a building permit shall be first secured from the city.
1. Application for the permit shall be in writing and made to the City Building Official.
2. All persons proposing to erect, construct, or locate Amateur Radio Antennas within the city shall apply for and obtain a building permit according to the provisions in the City Code.
(h) No signs, pictures or messages shall be painted on or attached to any amateur radio antennas.
(KK) Transportation/motor freight terminal.
(1) The facility shall be used for office purposes and storing and transferring of goods to and from vehicles only. On-site maintenance of vehicles and fueling of vehicles is prohibited.
(2) All outside storage of vehicles/trailers shall be screened from view from the road by berms, trees, fencing, or a combination thereof.
(3) All structures and outside storage of vehicles/trailers shall meet required setbacks.
(LL) Trash enclosure service structure.
(1) Shall be required for all commercial, mixed use, industrial and multi-family uses.
(2) Shall be no larger than 400 square feet unless approved by the city.
(3) Shall be built to maintain the color and style of the principal buildings.
(4) The structure shall contain either a swinging door or roll up door to contain debris.
(5) Shall meet the required setbacks of the underlying zoning district.
(6) The structure shall not contain any vehicle storage unless approved by the city.
(MM) Travel trailer/RV campground/marina.
(1) The minimum area for a trailer/RV park is 50 acres (on-site sewer) and 10 acres (public sewer).
(2) All sanitary facilities must conform to Minnesota Department of Health and Pollution Control Agency regulations.
(3) The sale, storage, use, or occupancy of any manufactured home is prohibited.
(4) The density of unit spaces shall not exceed 10 spaces per acre.
(5) All travel trailer/recreational vehicle parks shall be sufficiently screened from public view.
(6) Individual lots are prohibited from being sold.
(7) One entrance is allowed into the campground. All campsites must have direct access only to an internal circulation street. All roads shall be blacktopped.
(8) Access to the campground shall be from an arterial or collector street. Access shall be approved by the City Engineer.
(9) Travel trailer/RV campgrounds shall have at least 20% of the land area (exclusive of internal streets) developed for recreational uses (i.e., tennis courts, children’s play equipment, swimming pools, golf greens, and the like) which shall be developed and maintained by the owner or operator at the owner’s expense. All parks must have an area or areas set aside for dead storage and “overload” parking.
(10) All utilities, such as sewer, water, fuel, electric, telephone, and television antenna lead-ins, shall be buried, and there shall be no overhead wires or support poles except those essential for street or other lighting purposes.
(11) All land area shall be adequately drained and properly maintained free of dust, refuse, garbage, rubbish, or debris. All centralized refuse collection containers and equipment and park maintenance equipment shall be stored in a screened and fenced service yard within the park.
(12) All permanent structures shall require a building permit. The provisions of this section shall be enforced in addition to and in conjunction with the provisions of the Building Code.
(13) A properly landscaped area shall be adequately maintained around each trailer park. No trailer or building shall be located within 50 feet of the exterior boundary of any park or within 40 feet of any exterior existing public right-of-way.
(14) Each park must have 1 or more central community building with central heating that must be maintained in a safe, clean, and sanitary condition. The buildings shall be adequately lighted during all hours of darkness and shall contain laundry washers, dryers, and drying areas, in addition to public toilets and showers. Each park shall have a building for the use of the operator distinctly marked “office,” and the marking shall be illuminated during all hours of darkness. An illuminated map of the park shall be displayed at the office.
(15) An adult caretaker must be on duty at all times in the park. The operator of every park shall maintain a register in the office of the park indicating the name and address of the owner and occupants of each trailer, the license number of each trailer and automobile of each occupant, and the date of arrival and departure of each trailer. The corners of each trailer lot shall be clearly marked and each lot shall be numbered. The grounds of the park shall be adequately lighted from sunset to sunrise.
(16) Each lot shall abut or face a driveway or clear unoccupied space of not less than 22 feet in width, which shall have unobstructed access to the internal park road system.
(17) Each lot shall have 2 off-street parking spaces. No parking spaces shall be closer than 10 feet to any side yard lot line.
(18) Each lot, or pair of lots, shall contain adequate containers to store, collect, and dispose of refuse and garbage so as to create no health hazards.
(19) Outdoor cooking or burning shall be confined to fireplaces, pits, grills, or stoves that shall be permanently affixed to a designated location on each lot as per the site plan. Each permanent cooking or burning facility shall be placed on the lot so as to minimize fire hazards and smoke nuisance.
(20) Any dockage must be approved by the Minnesota Department of Natural Resource.
(NN) Warehousing and distribution.
(1) The loading and exterior storage area must be located to the rear of the building.
(2) All loading and exterior storage area must be fenced and 100% screened from roadways and all property lines.
(3) The retail sales are limited to those products that are stored and distributed by the warehousing and distribution use.
(4) The retail sales use shall not occupy more than 20% of the warehousing and distribution facility.
(OO) Yard waste facilities.
(1) The minimum lot area required for yard waste facilities is 10 acres.
(2) Composting, storage, transfer, loading, and processing activities must be setback as follows:
(a) Property lines: 50 feet;
(b) Existing residential uses not on the property: 100 feet;
(c) DNR protected watercourse: 200 feet;
(d) Wetland: 50 feet.
(3) The yard waste facility must be screened from view from all adjacent properties and roadways.
(4) Access to the site shall be controlled to prevent unauthorized dumping during non-business hours.
(5) (a) The operator shall provide sufficient equipment on-site to properly manage the composting process. At a minimum this shall include a front end loader or similar machinery for loading, unloading, turning, and aeration operations; a shredder for reducing new material to a smaller particle size for faster decomposition; a source of water or watering trucks; and a screen to improve the quality and marketability of the final product.
(b) The operator shall provide plans showing all equipment maintenance and storage areas. Plans shall show the location of all fuel storage facilities, hazardous material storage, and hazardous waste disposal.
(6) The materials which can be processed are limited to garden waste, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings.
(7) The decomposition process shall be properly managed and maintained in an aerobic condition to prevent all unnecessary odors. The yard waste must be decomposed through a process that encompasses turning of the yard waste on a periodic basis to aerate the yard waste, maintain temperatures, and reduce pathogens. The composted yard waste must contain no sharp objects greater than 1 inch in diameter.
(8) The operator shall provide information specifying the volume of waste brought onto the property for composting.
(9) The facility shall operate only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, unless the city specifically authorizes other hours or days of operation. Retail sales are allowed on Saturdays between the hours of 8:00 a.m. and 5:00 p.m. unless otherwise prohibited by the city. Retail sales for purposes of this section shall mean the sale of product to individuals for personal use and shall exclude commercial hauling.
(10) (a) Treated yard wastes shall not be allowed to accumulate for longer than 3 years before being finished and removed from the site. Compost that cannot be marketed shall be removed from the site a minimum of once per week.
(b) By-products, including residuals and recyclables, must be stored in a manner that prevents vector problems and aesthetic degradation. Materials that are not composted must be stored and removed a minimum of once per week.
(11) The owner shall maintain the site so that it is free of litter and other nuisances.
(12) An attendant must be on-site during operating hours.
(13) The open burning and/or burying of waste are prohibited.
(PP) Chickens, keeping of. The keeping of domesticated chickens is permitted on single-family residential properties less than 5 acres and within all residential zoning districts subject to the following requirements:
(1) Any person wishing to keep chickens in the city on a property shall first obtain a certificate of compliance from the city;
(2) The principal use of the property shall be single-family residential;
(3) The property shall contain 1 detached single-family structure. Chickens shall not be permitted on vacant properties or those containing multi-family residential buildings including duplexes, townhomes and apartments;
(4) No more than 5 hen chickens shall be permitted;
(5) No person shall keep a rooster;
(6) All chickens shall be of the subspecies Gollus gallus domesticus and tolerant of local climate conditions;
(7) Chickens shall not be kept inside the principal structure;
(8) No person shall slaughter chickens on-site except when in an area of the property not visible to the public;
(9) Chicken coops and attached exercise pens shall be provided for all chickens;
(10) Coops and pens shall be fully enclosed including overhead and constructed of durable materials;
(11) The floor area of the coop shall be a minimum of 2 square feet in area per chicken;
(12) The floor area of the attached pen shall be a minimum of 6 square feet in area per chicken;
(13) Coops and pens shall meet all accessory structure setback requirements;.
(14) Coops and pens shall be located in rear yards only;
(15) Coops larger than 120 square feet in area shall meet all accessory structure requirements of the City Code including those pertaining to location, size, number, height, use and design;
(16) Chickens shall be kept in coops and/or pens at all times unless in fully fenced-in back yards while under supervision;
(17) All food stored for chickens shall be kept in rodent proof containers stored inside coops or other buildings;
(18) All premises in which chickens are kept or maintained, including coops and pens, shall be kept reasonably clean from filth, garbage and any substances which attract rodents. All feces shall be collected and properly disposed of on a regular basis;
(19) Chickens shall not be kept in such a manner as to constitute a public nuisance as defined by the City Code of Forest Lake;
(20) The city may enter and inspect any property, including the coop and back yard, at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with the certificate of compliance and the City Code.
(QQ) Small wireless facilities.
(1) Wireless support structures and small wireless facilities are permitted uses in the public right-of-way in accordance with the following provisions in all zoning districts except in the C, A, RR, SF, MXR-1, MXR-2, and MXR-3 residential zoning districts where new wireless support structures require a conditional use permit.
(a) Small wireless facilities located in the right-of-way shall only be located on wireless support structures, including utility poles but excluding stop lights.
(b) Approval of the collocation of small wireless facilities on a decorative wireless support structure may be conditioned on compliance with reasonable accommodations for decorative wireless support structures. If an applicant refuses to comply with such reasonable accommodations, the city may prohibit small wireless facility attachment to the decorative wireless support structure.
(c) Small wireless facilities shall not interfere with public safety communication equipment located on the wireless support structure or with the original use of the wireless support structure, and shall not block light emanating from utility poles.
(d) If the small wireless facility is to be attached to a city-owned wireless support structure, the applicant shall execute the city's standard collocation agreement and such attachment shall be made in accordance with the terms of that agreement.
(e) The small wireless facility shall, to the greatest extent possible, match the wireless support structure in color, material, and design, and the small wireless facility design shall, to the greatest extent possible, minimize exposed cables, wires, and other attachment hardware.
(f) The small wireless facility shall not extend above the top of an existing wireless support structure by more than 10 feet and the maximum height of a wireless support structure itself shall be 50 feet.
(g) The small wireless facility shall be no larger than 6 cubic feet.
(h) The small wireless facility shall not extend outward from the wireless support structure by more than 3 feet.
(i) The wireless support structure shall have adequate structural capacity to carry the proposed small wireless facility and proof of the same shall be provided to the city.
(j) The wireless support structure and any small wireless facilities shall be removed and relocated in compliance with any requirements set forth in the right-of- way permit, collocation agreement, and Chapter 98 of this code, if the city or road authority for the public right-of-way in which it is located requires removal or relocation of the wireless support structure for a public project.
(k) Written approval for attachment of the small wireless facility to the wireless support structure from the owner of the wireless support structure shall be provided to the city if the city is not the owner of the wireless support structure.
(l) The small wireless facility applicant shall obtain any and all necessary permits and approvals from the road authority for the public right-or-way in which the wireless support structure and small wireless facility shall be located.
(m) Small wireless facility applicants must be a telecommunications right-of-way user as defined in M.S. § 237.162, Subd. 4.
(n) Wireless support structures shall not be located in a manner that causes interference with or impedes the use of trails, sidewalks, or pedestrian ways.
(o) Small wireless facilities shall be located at least 12 feet above the ground.
(p) No advertising sign or identifying logo shall be displayed on the wireless support structure or small wireless facility. All equipment manufacturers' decals, logos, or other identification information shall be removed unless required for warranty purposes.
(q) Small wireless facilities and wireless supports structure shall comply with all applicable local, state, and federal ordinances, statutes, and regulations.
(r) New wireless support structures shall be made of formed or cast aluminum or similar material, with color finalized upon individual reviews.
(2) New wireless support structures for the siting of small wireless facilities located in a public right-of-way are a conditional use in the C, A, RR, SF, MXR-1, MXR-2, and MXR-3 residential zoning districts subject to the requirements of § 153.034 and in accordance with the following provisions.
(a) The maximum height of a wireless support structure accommodating a small wireless facility shall be 50 feet and the small wireless facility shall not extend above the top of the wireless support structure by more than 10 feet.
(b) Approval of the collocation of small wireless facilities on a decorative wireless support structure may be conditioned on compliance with reasonable accommodations for decorative wireless support structures. If an applicant refuses to comply with such reasonable accommodations, the city may prohibit small wireless facility attachment to the decorative wireless support structure.
(c) The small wireless facility shall, to the greatest extent possible, match the wireless support structure in color, material, and design, and the small wireless facility design shall, to the greatest extent possible, minimize exposed cables, wires, and other attachment hardware.
(d) The small wireless facility shall be no larger than 6 cubic feet and shall not extend outward from the wireless support structure by more than 3 feet.
(e) If the small wireless facility is to be attached to a city-owned wireless support structure, the applicant shall execute the city's standard collocation agreement and such attachment shall be made in accordance with the terms of that agreement.
(f) Small wireless facilities shall not interfere with public safety communication equipment located on the wireless support structure and shall not block light emanating from utility poles.
(g) Evidence shall be provided to the city that the wireless support structure has adequate structural capacity to carry the small wireless facility.
(h) The small wireless facility applicant shall obtain any and all necessary permits and approvals from the road authority for the public right-of-way in which the wireless support structure and small wireless facility shall be located.
(i) The wireless support structure and any small wireless facilities shall be removed and relocated in compliance with any requirements set forth in the right-of- way permit, collocation agreement, and Chapter 98 of this code, if the city or road authority for the public right-of-way in which it is located requires removal or relocation of the wireless support structure for a public project.
(j) Wireless support structures shall not be located in a manner that causes interference with or impedes the use of trails, sidewalks, or pedestrian ways.
(k) No advertising sign or identifying logo shall be displayed on the wireless support structure or small wireless facility. All equipment manufacturers' decals, logos, or other identification information shall be removed unless required for warranty purposes.
(l) Written approval for attachment of the small wireless facility to the wireless support structure from the owner of the wireless support structure shall be provided to the city if the city is not the owner of the wireless support structure.
(m) Small wireless facility applicants must be a telecommunications right-of-way user as defined in M.S. § 237.162, Subd. 4.
(n) Small wireless facilities shall be located at least 12 feet above the ground.
(o) The small wireless facility and support structure shall be installed at the residential lot's corner in the right-of-way.
(p) Small wireless facilities and wireless support structures shall comply with all applicable local, state, and federal ordinances, statutes, and regulations.
(q) New wireless support structures shall be made of formed or cast aluminum or similar material, with color finalized upon individual reviews.
(RR) Accessory structures on adjacent non-riparian lots located within 100 feet of a riparian lot containing a principal structure.
(1) Accessory structures on non-riparian lots, also known as tier 2 lots, without a principal structure are allowed with a conditional use permit in the SF and RR zoning districts as provided by this section.
(2) The accessory must be located on a separate non-riparian lot located within 100 feet of a riparian lot on which a principal structure is located, and both the riparian lot and non-riparian lot must be owned by the same person(s) or entity.
(3) The accessory structure must meet the required side and rear yard structure setbacks for accessory structures.
(4) The accessory structure must meet the front yard setback requirement for principal structures.
(5) The accessory structure shall have a maximum floor area of 800 square feet or the floor area of the principal structure located on the riparian lot, whichever is smaller, and shall comply with all other applicable requirements for accessory structures found in § 153.110.
(SS) Contractor’s yard.
(1) Contractor’s yards are permitted as an accessory use only.
(2) Minimum lot size of 2.5 acres.
(3) The lot must have frontage on an improved public street or highway with an authorized access.
(4) Must be located at least 150 feet from all residentially zoned or residential use properties.
(5) Must screen all exterior storage areas from public view and residentially zoned or residential use properties by berming, landscaping, or fencing, or with a combination thereof, resulting in screening that is at least 90% opaque all year.
(6) The maximum height of stacking or storing materials shall be set by Planning Commission as part of the CUP.
(7) No junk yards.
(8) Maximum lot coverage. The total impervious surface of the lot shall not exceed 90% of the total lot area.
(9) Exterior storage area must be improved with a dustless surface material. Concrete or bituminous surfacing is required for all other areas of a contractor’s yard used by vehicles, including driveways and off-street parking areas.
(10) A violation of any of the above performance standards, or any other conditions adopted by the city as part of the CUP, is a public nuisance.
(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 607, passed 5-9-2011; Am. Ord. 627, passed 3-25-2013; Am. Ord. 651, passed 3-14-2016; Am. Ord. 660, passed 8-22-2016; Am. Ord. 670, passed 12-4-2017; Am. Ord. 676, passed 7-9-2018; Am. Ord. 719, passed --; Am. Ord. 726, passed 8-28-2023)