(A) Airport, heliport, aircraft rental, sale, servicing, manufacturing and related services.
(1) All airports and heliports shall be approved by the State Department of Transportation, Aeronautics Division and shall comply with all applicable federal and state requirements.
(2) All airports and heliports shall be located at least two miles from any built up area having a density of two or more dwelling units per acre.
(3) Hangers used for storing aircraft shall be located at least 150 feet from the right-of-way of any public road or street and at least 500 feet from any residential structure on abutting land.
(4) No portion of any runway shall be located within 1,000 feet of a residential structure.
(B) Adult uses.
(1) Licensing requirements. See Article 3, Development Review Processes and Requirements.
(a) No person(s) under 18 years of age shall be permitted in any adult use-principal premises, enterprise, establishment, business or place.
(b) No liquor license, as defined, shall be issued to any adult use related premises, enterprise, establishment, business or place open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, description of or participation in “specified sexual activities” or “specified anatomical areas”.
(c) No adult use related premises, enterprise, establishment, business or place shall allow or permit the sale or service of set ups to mix alcoholic drinks. No alcoholic beverages shall be consumed on the premises of such premises, enterprise, establishment, business or place.
(d) Activities classified as obscene are not permitted and are prohibited. In no instance shall the application or interpretation of this ordinance be construed to allow an activity otherwise prohibited by law.
(e) Adult uses, either principal or accessory, shall be prohibited from locating in any building that is also utilized for residential purposes.
(f) An adult use that does not qualify as an accessory use pursuant to subsection (B)(9) below shall be classified as an adult-use principal.
(g) The owner/operator shall hire and employ his or her own security personnel who shall provide crowd control to maintain orderly conduct at such establishment. These employees are not required to be law enforcement personnel.
(h) Off-street parking shall be provided meeting the requirements found in § 6.15.
(2) Site plan review. Site plan review shall be required for all adult uses. Access, parking, screening, lighting and other relevant site-related criteria shall be considered as part of the site plan review process.
(3) Separation requirements. Any adult use-principal, shall be located at least 1,000 lineal feet, as measured in a straight line from the closest point of the main entrance of the building within which the adult use-principal is located, to the property line of:
(a) Any residentially used or zoned property;
(b) Any licensed daycare center or facility;
(c) Any public or private educational facility classified as an elementary, junior high or senior high school;
(d) Any hotel or motel;
(e) Any public park or trails system;
(f) Any nursing home;
(g) Any youth establishment;
(h) Any church or church related organization; and/or
(i) Another adult establishment. No adult use-principal shall be located in the same building or upon the same property as another adult use-principal.
(4) Hours of operation. Hours of operation for adult uses-principal shall be between the times of 9:00 a.m. and 12:30 a.m. The County Board may approve a differing time schedule if it can be satisfactorily demonstrated to the Board that all of the following apply.
(a) The use does not adversely impact or affect uses or activities within 1,000 feet.
(b) The use will not result in increased policing and police related service calls.
(c) The schedule is critical to the operation of the business.
(5) Sign regulations. Adult uses-principal shall adhere to the following sign regulations in addition to those set forth in § 4.12, Sign Regulations.
(a) Sign message shall be generic in nature and shall only identify the name and type of business. Signs shall not be pictorial.
(b) Signs shall be limited to the size and number of signs permitted in the district in which the use is located.
(6) Adult cabaret restrictions. The following additional restrictions apply to adult cabarets.
(a) No person, firm, partnership, corporation or other entity shall advertise, or cause to be advertised, an adult cabaret without a valid adult use license.
(b) An adult use licensee shall maintain and retain for a period of two years the names, addresses and ages of all persons engaged, hired or employed as dancers or performers by the licensee. These written records must be provided to the county or county’s enforcement designee(s) upon request.
(c) An adult cabaret shall be prohibited in establishments where alcoholic beverages are served.
(d) No owner, operator or manager of an adult cabaret shall permit or allow any dancer or other live entertainer to perform nude unless as provided in subparts (B)(7) and (B)(8) below.
(e) No patron or any person other than a dancer or live entertainer shall be wholly or partially nude in terms of “specified anatomical area” in an adult cabaret.
(f) No dancer, live entertainer, performer shall be under 18 years of age.
(g) All dancing shall occur on a platform intended for that purpose which is raised at least two feet above the level of the floor.
(h) No dancer or performer shall perform or dance closer than ten feet from any patron unless such dancer or performer is enclosed behind a floor to ceiling glass partition.
(i) No dancer shall fondle or caress any patron and no patron shall fondle or caress any dancer or performer.
(j) No person under 18 years of age shall be admitted to an adult cabaret.
(7) Viewing booth restrictions. The following additional regulations apply to viewing booths.
(a) Individual motion picture viewing booths must be without doors and the occupant must be visible at all times.
(b) Only one person may be in a viewing booth at a time.
(c) Walls separating booths must be such that the occupants cannot engage in sexual activity.
(d) Each booth must be kept clean and sanitary.
(e) Minimum lighting requirements must be maintained. Minimum lighting shall be construed to be that of which a book of general print could be easily read by any given individual.
(8) Accessory adult uses. Adult uses-accessory shall be permitted in the HC, Highway Commercial and I, General Industrial Districts, provided the accessory use conforms to the provisions of this subsection (B)(8).
(9) (a) Adult use, accessory. An adult use, accessory shall:
1. Comprise no more than 10% of the floor area of the establishment in which it is located;
2. Comprise no more than 20% of the gross receipts of the entire business operation; and
3. Not involve or include any activity except the sale or rental of merchandise.
(b) Restricted access. Adult uses-accessory shall be restricted from, and prohibit access to minors, by physically separating the following and similar items from areas of general public access.
1. Movie rental display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view of, and under the control of, the persons responsible for the operation.
2. Magazines or publications classified as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
3. Other adult uses not specifically cited shall comply with the intent of this ordinance.
(c) Advertising. Adult uses, accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
(C) Automobile repair.
(1) Site plan. Site plan review shall be required.
(2) Access. If the Planning Commission determines it necessary, the site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
(3) Repair shop. All repairs shall be performed within a completely enclosed building.
(4) Hazardous materials. Venting of odors, gas and fumes shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to preclude the escape of gas vapors. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary. The State Duty Officer’s phone number is 1-800-422-0798.
(D) Automobile service station, car wash.
(1) Site plan. Site plan review shall be required.
(2) Access. If the Planning Commission determines it necessary, the site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate
(3) Car wash. A car wash facility, either attached or detached from the principal structure, shall only be permitted as an accessory use.
(4) Water. Water from the car wash shall not drain across any sidewalk or into a public right-of-way.
(5) Noise. Vacuum and drying facilities shall be located in an enclosed structure or at a sufficient distance from any residential use to minimize the impact of noise. Additional controls may be established to control noise during the operation of the facility, including controls of hours of operation.
(6) Spills. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
(E) Bed and breakfast.
(1) Location. The facility shall be located in a single-family detached dwelling.
(2) Number of bedrooms. A maximum of four bedrooms may be rented to guests.
(3) Guest parking. Parking for guests shall be located to the rear or side of the dwelling.
(4) Guest register. The facility shall maintain a guest register open to inspection by the county.
(F) Building material sales and storage, lumber yard, garden store, commercial greenhouse, manufactured home sales.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
(3) Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
(6) Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
(G) Bulk storage.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
(3) Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
(H) Campground, organized group camp, recreational camping area.
(1) Site plan review shall be required.
(2) The campground or organized group camp must be accessed via a paved road of sufficient capacity to handle the anticipated traffic. A traffic study may be required. A recreational camping area may be accessed via an unpaved road.
(3) One accessory caretaker’s residence on the same lot as the facility shall be allowed.
(4) Density and area requirements:
(a) Minimum area requirement for a camp area shall be five acres; and
(b) Minimum site size of 2,000 square feet shall be provided for each recreational camping vehicle in camping area.
(5) Setback and spacing requirements:
(a) All recreational camping vehicles shall be located at least 25 feet from any camping area property boundary line abutting upon a public street or highway right-of-way and at least ten feet from other park property boundary lines;
(b) All recreational camping vehicles shall be separated from each other and from other structures by at least ten feet. Any accessory structure such as attached awnings, car ports or individual storage facilities, shall, for the purpose of this separation requirement, be considered part of the recreational camping vehicle; and
(c) A minimum of 10% of the site area shall be developed for recreational use (play areas, courts, swimming and the like) and maintained at the owner/operator’s expense.
(I) Convenience gas and goods sales.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
(3) Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
(6) Spills. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
(J) Essential services.
(1) Purpose. Since essential services, as defined by this ordinance, may have an effect upon urbanizing areas of the county, county land uses, county highway locations, and county parks and recreation areas, the location of all such essential services in any zoning district shall be filed with the County Engineer and the Zoning Administrator prior to commencement of any condemnation action or construction by the owner.
(2) Applicability. Standards in this subsection shall only apply to those essential service facilities subject to local control as determined by M.S. Chapter 216, as it may be amended from time to time.
(3) Permit processing. Transmission services, i.e., utility service such as electrical power lines of a voltage of 35 KV or greater, or bulk gas or fuel being transferred from station to station, and not intended for in route consumption, shall follow the following procedures.
(a) The owner shall file with the Zoning Administrator such maps indicating the location, alignment and type of service proposed as shall be requested.
(b) The maps and accompanying data shall be submitted to the Planning Commission for review and recommendations regarding the relationship to urban growth, land uses, highways and recreation and park areas.
(c) Following such review, the Planning Commission shall make a report of its findings and recommendations on the proposed essential services and shall file such report with the County Board.
(d) Upon receipt of the report of the Planning Commission on the planned essential services, the County Board shall consider the maps and accompanying data and shall indicate to the owner its approval or modifications considered desirable under this ordinance.
(4) Permitted use. Electric substations and similar essential service structures, as well as public utility buildings, shall be a conditional permitted use in all districts.
(5) Placement within county right-of-way. An application for a permit for essential services located within any county highway or county state aid highway rights-of-way shall follow the following procedures.
(a) The applicant shall file with the County Engineer on forms supplied by the county, an application for such permit accompanied by maps indicating the locations, alignment and type of service proposed.
(b) The application and accompanying data shall be reviewed by the County Engineer, and the County Engineer may issue the permit after determining that the application is acceptable and in the best interests of the county.
(c) The County Engineer may require, in conjunction with the issuance of such permit, that:
1. The applicant submit, as built, drawings of the essential services after construction; and
2. The applicant construct the essential service to take into consideration contemplated widening, re-grading or relocation of a county highway or county state aid highway, providing the county owns such additional right-of-way.
(6) Maintenance. No utility permits shall be required to maintain, or reconstruct, existing lines where the general alignment of the existing line is maintained.
(7) Review timeliness. Recognizing the need for adequate and timely service by owners of essential services, the County Engineer shall act upon all information filings or permit applications within 45 days of receipt by the County Engineer. Failure to act within 45 days shall constitute approval.
(8) Fees.
(a) A utility permit application fee shall be established by the County Board payable when the application is filed.
(b) Any outside costs for consulting services to aid the Planning Commission and/or County Board in making a decision on the utility permit application shall be paid by the applicant. Such fee shall be as determined by the County Board.
(K) Fertilizer manufacture.
(1) Site plan. Site plan review shall be required.
(2) Setbacks. Anhydrous ammonia containers shall be located outside of buildings other than those especially constructed for this purpose. Containers shall meet the following setbacks:
(a) From a main line railroad: ten feet;
(b) From adjacent property boundaries: 50 feet;
(c) From a dwelling or water supply well or water body: 100 feet; and
(d) From an educational institution, hospital or religious assembly: 1,000 feet.
(3) Outdoor storage prohibited. Equipment or materials shall be completely enclosed in a permanent structure, with the exception of fertilizer storage tanks and fertilizer equipment; no outdoor storage shall be permitted.
(4) Spills. All chemicals, hazardous materials, solid waste, and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
(5) Architect or engineered design. This project is required to be designed by a licensed engineer or architect in accordance with the State Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geosciences and Interior Design.
(L) Golf course, country club, driving range.
(1) Site plan review shall be required.
(2) Setback: all buildings shall be set back at least 50 feet from the property line of any residential use.
(3) The site must be accessed via a paved road of sufficient capacity to handle the anticipated traffic. A traffic study and transportation management plan may be required.
(4) One accessory caretaker’s residence on the same lot as the facility shall be allowed.
(5) Storage of pesticides and fertilizers shall follow the standards of the State Department of Agriculture. A plan shall be submitted for storage and use of pesticides and fertilizers at the facility.
(6) Golf courses shall be designed with environmental resources in mind. Performance standards shall include:
(a) Water recycling and conservation through on-site storage and use facilities;
(b) Use of landscaped buffers and other Best Management Practices (BMPs) to minimize fertilizer runoff and other chemicals from entering surface water bodies; and
(c) Use of landscaping and careful layout of golf course to preserve and enhance wildlife habitat through preservation of existing vegetation and habitat as well as creation of new habitat opportunities.
(M) Go-cart track, miniature golf, skating rink (unenclosed).
(1) Site plan review shall be required.
(2) The site must be accessed via a paved road of sufficient capacity to handle the anticipated traffic. A traffic study and transportation management plan may be required.
(N) Hunting preserve.
(1) The boundaries of all hunting preserves shall be clearly indicated by signs.
(2) The signs shall be no more than 150 feet apart and shall be continuous around the perimeter of the area contained in the preserve.
(3) The lettering on the signs shall be at least two inches in height.
(4) The signs shall clearly state the nature of the preserve and the type of use involved.
(O) Landfill (sanitary), recycling facility.
(1) Site plan. Site plan review shall be required.
(2) Conditional use permit length. The conditional use permit for the facility shall be reviewed every five years to determine whether the facility continues to comply with all conditions.
(3) Operational plan. An operational plan shall be developed for the facility, and subsequent activities shall be conducted in accordance with the plan.
(4) Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
(5) Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
(8) Noise. Additional controls may be established to control noise during the operation of the facility, including controls of hours of operation.
(9) Spills. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
(10) Architect or engineered design. This project is required to be designed by a licensed engineer or architect in accordance with the State Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geosciences and Interior Design.
(P) Office, professional or medical.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a road of sufficient capacity to accommodate the traffic that the use will generate.
(Q) Office, other than professional or medical.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a of sufficient capacity to accommodate the traffic that the use will generate.
(3) Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
(R) Office services.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a road of sufficient capacity to accommodate the traffic that the use will generate.
(S) Organized motor sports, paint ball course.
(1) A site plan shall be submitted regarding the nature of the facility, sanitary facilities and waste disposal, lighting, hours of operation, erosion control and other issues identified as relevant to the proposed use.
(2) Erosion control plans for trails may be required.
(3) Tracks or trails shall be set back at least 500 feet from property lines, at least 300 feet from any road right-of-way, and at least 1,500 feet from existing residences, with the exception of residences on the same property as the motor sport use.
(4) Noise shall be limited to a maximum level of 50dB(A) at the nearest property line.
(5) One caretaker residence may be allowed, which shall be used only by the caretaker and his or her family members. The caretaker residence shall be accessed via the access road to the facility.
(T) Repair services.
(1) Site plan. Site plan review shall be required.
(U) Restaurant (drive-in), theater (drive-in), or similar uses that provide goods and services to patrons in automobiles.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
(3) Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
(6) Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
(V) Retail sales establishment.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a road of sufficient capacity to accommodate the traffic that the use will generate.
(4) Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
(W) Restaurant.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a road of sufficient capacity to accommodate the traffic that the use will generate.
(4) Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
(X) Riding academy, boarding stable (may also be subject to feedlot requirements).
(1) Site plan review shall be required.
(2) Any building must be located shall be located at least 50 feet from the boundary of any residential use.
(3) Special events that will periodically attract visitors, customers or traffic in excess of normal operations must obtain a special event permit, as specified in § 3.09.
(Y) Salvage yard, recycling facility with incinerator, other facilities with incinerators.
(1) Site plan. Site plan review shall be required.
(2) Screening. Outdoor storage shall be located or screened so as not to be visible from 1,000 feet of any residential district or from any public road. A solid fence or vegetative screening a minimum of six feet in height (in place at the time of permitting) shall be used for screening purposes.
(3) Use of front yard. No part of the front yard is to be used for the conduct of business in any manner except for parking of customer or employee vehicles.
(4) Spills. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
(Z) Shooting range, indoor.
(1) Setback. The shooting range building shall be located at least 50 feet from the boundary of any residential use.
(2) Site plan. Site plan review shall be required.
(3) Performance standards. The use shall conform to the applicable State Pollution Control Agency, Environmental Protection Agency and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment and outside noise standards.
(4) Retail sales. If retail sale and repair of weapons and/or ammunition is conducted on the premises, the management shall comply with all licensing and operations requirements of the Federal Bureau of Alcohol, Tobacco and Firearms.
(5) Building design. The design and construction of the firing range shall totally confine all fired projectiles within the building and in a controlled manner. The design and construction of the firing range shall be certified by a licensed engineer with expertise in shooting range design, and shall be designed, constructed and certified to all applicable professional standards. The certified plans shall include the specifications and construction of the bullet traps, ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range.
(6) Log of users. A written log of range users shall be maintained by the range operator. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the range user shall be verified by photo identification. The log shall be subject to review by the County Sheriff or designee.
(7) Alarm system. An alarm system, cut wire protected, shall be supplied to provide security for the general premises.
(8) Firearm storage. Firearms which are stored on the premises shall be stored in a vault when the range is closed for business. An alarm system, independent of the general alarm system and cut wire protected, shall be supplied for the firearm vault. Ammunition shall not be stored in the firearm vault.
(9) Supervision. On-site supervision shall be supplied at all times by an adult with credentials as a qualified range master, based on National Rifle Association standards.
(10) Transport. The transport of firearms on the premises shall conform to state law.
(11) Access by minors. Minors shall not be allowed in the range unless accompanied by an adult at all times.
(12) Hours of operation. The operation of the range shall be limited to the hours of 7:00 a.m. to 10:00 p.m.
(AA) Shooting range, outdoor; hunting club.
(1) Compliance. Facilities shall be in compliance with the performance standards set forth in M.S. Chapter 87A, as it may be amended from time to time.
(2) Authorized activities. Shooting ranges that meet the performance standards in M.S. Chapter 87A, as it may be amended from time to time, shall be allowed to engage in the following authorized activities within the property boundaries of the range:
(a) Discharge of firearms. Operate the range and conduct activities involving the discharge of firearms;
(b) Membership. Expand or increase its membership or opportunities for public participation related to the primary activity as a shooting range;
(c) Meet standards. Make those repairs or improvements desirable to meet or exceed requirements of shooting range performance standards;
(d) Activities. Increase events and activities related to the primary activity as a shooting range;
(e) Time of operations. Conduct shooting activities and discharge firearms daily between 7:00 a.m. and 10:00 p.m.; and
(f) Purchase additional land. Acquire additional lands to be used for buffer zones or noise mitigation efforts or to otherwise comply with this chapter.
(3) Mitigation area. A mitigation area is established for a distance of 750 feet from the perimeter property line of an outdoor shooting range. Within the mitigation area, the following provisions apply.
(a) Development prohibited. No change in use, new development or construction of a structure shall be approved for any portion of property within the mitigation area.
(b) Exemption for existing development. Uses, development and structures in existence or for which approval has been granted by October 1, 2005 are exempt from the mitigation area requirements.
(c) Exemption if mitigation provided. A change in use, new development or construction of a structure may occur within the mitigation area if the person seeking the approval agrees to provide any mitigation necessary to keep the shooting range in compliance with the performance standards. The mitigation agreement shall be signed by the person seeking approval and the shooting range. If no mitigation is required to keep the shooting range in compliance with the performance standards, an agreement shall be signed by the person seeking approval and the shooting range stating that mitigation is not required. Agreements required under this subsection (AA) shall be in written form and subject to approval by the County Board. Failure to obtain an agreement required under this subsection shall exempt the shooting range from being found out of compliance with the performance standards in relation to the property or person where the agreement was not obtained if the failure to provide mitigation is the sole reason for the shooting range being out of compliance with the performance standards.
(4) Setback from existing residences. No outdoor shooting range shall be allowed within 1,500 feet of an existing residence, measured from the property line of the range site. This provision shall not apply to a residence on the shooting range property. No outdoor shooting range shall be allowed within 750 feet of a property line.
(5) Caretaker’s residence. One accessory caretaker’s residence on the same lot as the facility shall be allowed.
(6) Performance standards. All shooting ranges shall comply with the minimum standards for range design, location, management, operation, noise abatement and safety listed in the most current National Rifle Association Range Sourcebook, as well as the following standards:
(7) Range. The range shall be designed to provide protection from accidental or stray ammunition discharge for surrounding properties.
(8) Only firearms shall be discharged at the range. No cannons, artillery or rockets shall be discharged unless blanks are being fired.
(9) Management Plan and Safety Plan. All shooting ranges must have in place a Management Plan and Safety Plan approved by the county which will detail how all shooting activities will be controlled, supervised and managed.
(10) Fencing required. Fencing shall be required according to the approved site plan. Gates shall be placed at all road entrances to the property and shall be locked when the facility is not in use.
(11) Gun club facilities. Use of a gun club facility shall be restricted to club members, guests, and participants in club sanctioned events. It shall be the responsibility of the club to supervise all shooting activities.
(12) Noise limits. Allowable noise levels for the operation of a shooting range are those specified in M.S. Chapter 87A, as it may be amended from time to time. Sound measurement methodology is as defined in Minnesota Rules, Part 7030.0060.
(13) Lead Management Plan. Shooting ranges shall have a current lead management plan approved by the MPCA on file with County Planning and Zoning Department.
(14) Landscape screening. Landscaping including the planting of trees shall be provided to screen the range from roads and adjacent residences. The vegetative buffer shall be a combination of native grasses and trees that are matched to the soil type found on the range perimeter. At least three rows of different species of trees, planted similar to a windbreak or shelterbelt are required. With a mixture of heights, growth quickness and a combination of conifer and deciduous species, both a sight and sound buffer can be created to effectively block noise levels emitted from the range.
(15) Retail sales prohibited. No retail sales or repair of firearms shall be permitted as an accessory use to an outdoor range. Retail sales of ammunition, other supplies, refreshments and the like shall be permitted.
(16) Liability insurance. The range operator shall maintain liability insurance in an amount acceptable to the County Attorney and shall provide the County Planning and Zoning Department with a copy of the insurance policy.
(BB) Skating rink (enclosed), dance hall, game arcade, bowling alley, health club.
(1) Site plan review shall be required.
(2) Setback. Any building must be located shall be located at least 50 feet from the boundary of any residential use.
(3) The site must be accessed via a paved road of sufficient capacity to handle the anticipated traffic. A traffic study and transportation management plan may be required.
(CC) Tavern, club.
(1) Site plan. Site plan review shall be required.
(3) Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
(DD) Towers for radio, television and communication facilities.
(1) Site plan. Site plan review is required.
(2) Proof of insurance. The construction contractor of the communication tower must provide proof of insurance or a bond, acceptable to the County Board of Commissioners prior to commencement of construction.
(3) Abandonment. All towers and antennas not used for a period of 12 consecutive months shall be considered abandoned and shall be removed. The applicant must furnish a copy of the relevant portion of an executed lease, which identifies the applicant’s obligation to remove abandoned or unused towers, concrete footings, anchors, supporting equipment and antennas prior to the issuance of a conditional use permit to erect a tower. The county shall require financial assurances including bonds in an amount sufficient to cover costs of removal of towers, buildings, concrete footings, anchors, supporting equipment and antennas. An engineer’s cost estimate which documents removal costs of the tower, building, concrete footings, anchors, supporting equipment and antennas shall be submitted with the conditional use permit application. Such engineer’s cost estimate is to assist the Board of Commissioners in determining the amount of financial assurance necessary to cover removal costs of such towers, buildings, concrete footings, anchors, supporting equipment and antennas. If any towers, buildings, concrete footings, anchors, supporting equipment and antennas have not been removed within 90 days’ written notice by the county after abandonment, the county shall have the right to remove the towers, buildings, concrete footings, anchors, supporting equipment and antennas, and assess the property.
(4) Lighting. Un-regulated lighting shall be deflected downward and away from road right-of-way and nearby or adjacent residential or agricultural districts.
(5) Fall zone. The communication tower shall be setback a distance equal to or greater than 1.1 times the height of the structure from any property line or public right-of-way so that the fall zone is entirely within the property on which the antenna is located.
(6) The communication tower and any structures built on the property shall comply with all applicable local, state and federal regulations.
(EE) Truck terminal, truck stop, freight terminal.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
(3) Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
(6) Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
(7) Noise. Additional controls may be established to control noise during the operation of the facility, including controls of hours of operation.
(8) Spills. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
(FF) Veterinary and animal clinic and facilities for the care and/or breeding of animals including kennel and animal crematorium.
(1) Site plan. Site plan review shall be required.
(2) Facility design. All veterinary clinics or hospitals shall provide indoor facilities having adequate heating, ventilation and lighting and outdoor facilities having shelter from the elements. Facilities shall have proper drainage and a plan for manure management.
(3) Exercise areas. All animal runs or exercise areas shall be located at least 100 feet from any adjoining property line if there is a residence or platted residential lot within 1,000 feet of such runs or exercise areas. If there is no residence or platted lot within 1,000 feet, the setbacks of the animal runs or exercise areas shall be equal to the accessory building setback of the underlying district. Outdoor animal runs or exercise areas are prohibited within the VMX Village Mixed-Use District, UE Urban Expansion District and LR Limited Residential District.
(4) Licenses. Facilities must obtain all required state and federal licenses or operational permits.
(6) Animal crematorium. An animal crematorium may be operated in connection with a veterinary clinic or as a stand-alone facility that provides services to a veterinary clinic or clinics. An animal crematorium shall only be used for the disposal of animals. A stand-alone animal crematorium facility shall provide no outside appearance of the operation and shall not include a sign. Stand-alone crematoriums shall pick-up and deliver animals from veterinary clinics and shall have no visitors other than employees or inspectors. Animal pick-up shall be done in leak-proof containers. The following standards for animal crematoriums shall be met.
(a) Setback. The crematorium shall be located in a structure and be at least 500 feet from any residence other than the owner of the property.
(b) Site plan. Site plan review shall be required.
(c) Parking. There shall be at least one parking space available for each employee working at the site at any time.
(d) Refrigeration. Deceased animals stored on the site prior to disposal shall be kept under refrigeration to eliminate the possibility of odor emanating from the animal.
(e) Furnaces. The furnaces shall use natural gas or propane as the heat source for the furnace.
(f) Performance standards. Incinerator must be adhere to the State Pollution Control Agency guidelines as follows:
1. Capable of producing emissions not to exceed 20% opacity;
2. Fitted with an afterburner that maintains flue gases at 1,200°F for at least 0.3 seconds; and
3. Ash from the incinerator must be handled in such a manner as to prevent particulate matter from becoming airborne and shall be properly disposed of.
(GG) Warehouse distribution facility.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
(3) Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
(6) Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
(7) Noise. Additional controls may be established to control noise during the operation of the facility, including controls of hours of operation.
(8) Architect or engineered design. This project is required to be designed by a licensed engineer or architect in accordance with the State Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design.
(HH) Water-oriented commercial business.
(1) Site plan. Site plan review shall be required.
(2) Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
(3) Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
(5) Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
(6) Days and hours of operation. Approval for this use shall specify the days and hours of operation.
(II) Wind Energy Conversion Systems (WECS).
(1) Purpose. This ordinance is established to regulate the installation and operation of wind energy conversion systems (WECS) within the county not otherwise subject to siting and oversight by the state.
(2) Permit requirements.
(a) The application for all WECS shall include the following information:
1. The names of project applicant;
2. The name of the project owner;
3. The legal description and address of the project;
4. A description of the project including: number, type, name plate generating capacity, tower height, rotor diameter and total height of all wind turbines and meteorological towers and means of interconnecting with the electrical grid;
5. Site layout, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid and all related accessory structures. The site layout shall include distances and be drawn to scale;
6. Engineer’s certification; and
7. Documentation of land ownership or legal control of the property.
(b) The application for commercial WECS (projects above 100 kw but less than 5,000 kw in total name plate capacity) shall also include:
1. The latitude and longitude of individual wind turbines;
2. A USGS topographical map, or map with similar data, of the property and surrounding area, including any other WECS within ten rotor diameters of the proposed WECS;
3. Location of wetlands, scenic and natural areas (including bluffs) within 1,320 feet of the proposed WECS;
4. An acoustical analysis that shows to the satisfaction of the Planning Commission that the WECS will comply with Minnesota Rules, Chapter 7030 state noise statutes;
5. Evidence of a power purchase agreement;
6. A construction plan that includes transportation schedule and descriptions of over-weight and over-lengths materials to be transported to the site, necessary utility and roadway modifications, road detours (if necessary) and financial guarantee that utilities and roadways will be returned to pre-construction conditions;
7. FAA permit application;
8. Location of all known communication antennas within two miles of the proposed WECS;
9. Decommissioning plan; and
10. Description of potential impacts on nearby WECS and wind resources on adjacent properties.
(c) Aggregated projects procedures. Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, hearings, reviews and as appropriate approvals. Permits will be issued and recorded separately. Joint applications will be assessed fees as one project. Aggregated projects of 5 MW or more in total name plate capacity shall be licensed and approved through state statutes.
(3) Tower setback and dimensional standards. All towers setbacks shall adhere to the following setbacks listed below.
(a) Minimum setbacks for non-commercial wind turbines:
1. Property line 1.1 times the total height; and
2. Public road right-of-way 1.1 times the total height.
(b) Minimum setbacks for commercial wind turbines:
1. Property line 1.1 times the total height;
2. Public road right-of-way 1.1 times the total height;
3. Residential dwelling 750 feet; and
4. Wetlands, USFW Types III, IV and V 600 feet.
(c) Minimum setbacks for meteorological towers:
1. Property line 1.1 times the total height;
2. Public road right-of-way 1.1 times the total height;
3. Residential dwelling 1.1 times the total height; and
4. Wetlands, USFW Types III, IV and V 600 feet.
(d) Essential services setback standards. Substations and feeder line setback standards shall be determined by regulations governing essential services in Article 7.
(e) Wind generation mechanical clearance. Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.
(f) Maximum height of non-commercial WECS is 200 feet.
(4) Safety and other design standards.
(a) Engineering certification. For all WECS, the manufacture’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.
(b) Fire Protection and Emergency Response Plan. A fire prevention and emergency response plan for all phases of the life of the facility. The plan shall address major concerns associated with the terrain, weather conditions and access to the tower in the event of an emergency.
(c) Required signage. For all commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable point. Signage shall comply with standards found in Article 5.
(d) Required guy wire visibility. For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape, shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of eight feet above the ground.
(e) Tower configuration. All wind turbines, which are part of a commercial WECS, shall be installed with a tubular, monopole type tower.
(f) Color and finish. AN wind turbines and towers that are part of a commercial WECS shall be white, grey or another non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matte or non-reflective.
(g) Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration permits and regulations. Red strobe lights are preferred for nighttime illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided.
(h) Feeder lines. All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried. Feeder lines installed as part of a WECS shall not be considered an essential service.
(i) Waste disposal. Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.
(j) Discontinuation and decommissioning. A WECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the Zoning Administrator outlining the steps and schedule for returning the WECS to service. All WECS and accessory facilities shall be removed to four feet below ground level within 90 days of the discontinuation of use.
(k) Plan. Each commercial WECS shall have a decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party; such as a certified professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WECS and accessory facilities.
(l) Orderly development. Upon issuance of a conditional use permit, all commercial WECS shall notify the Environmental Quality Board Power Plant Siting Act Program staff of the project location and details on the survey form specified by the Environmental Quality Board.
(m) Noise. All WECS shall comply with Minnesota Rules, Part 7030 governing noise.
(n) Federal Aviation Administration. All WECS shall comply with FAA standards and permits.
(o) Interference. The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves or television signals cause by any WECS. The applicant shall notify all communication tower operators within five miles of the proposed WECS location upon application to the county for permits. No WECS shall be constructed so as to interfere with County or State Department of Transportation microwave transmissions. The burden shall be on the applicant to prove that the WECS will not interfere with the county’s emergency response communication system.
(p) Avoid damage to roads. The applicant shall identify all county, city or township roads to be used for the purpose of transporting WECS, substation parts, cement and/or equipment for construction, operation or maintenance of the WECS and obtain applicable weight and size permits from the impacted road authority(ies) prior to construction.
(q) Drainage and road network. The applicant shall be responsible for immediate repair of damage to public drainage and road network stemming from construction, operation or maintenance of the WECS.
(JJ) Retreat house. Conditionally permitted in A-1 Agriculture Protection District and the AIC Agriculture Interpretive Center District.
(1) The owner/operator must allow periodic inspections by the County Planning and Zoning Department and County Public Health Services Department.
(2) A guest registration log must be maintained by the owner/operator and made available for review by the County Planning and Zoning Office or Public Health Services Department.
(3) Any activities occurring upon the site shall not cause a nuisance due to noise, odor, lighting, vibration or traffic generation.
(4) The operations involved within the structure are not to involve the retail sale of goods or commodities unrelated to the event occurring at the facility.
(5) A certificate of liability insurance for the structures, property, occupants, visitors and events shall be submitted annually to the County Planning and Zoning office.
(6) The owner/operator shall obtain all licenses required by the state or the County Public Health Services Department.
(7) The property must have at least one parking space per bed within the retreat house.
(8) Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of usable floor space, and every room occupied for sleeping purposes by more than one person shall contain not less than 60 square feet of usable floor space for each occupant thereof. Under no circumstances shall there be provided less than 400 cubic feet of air space per occupant. Beds shall be spaced at least three feet apart when placed side by side. No sleeping quarters shall be provided in any basement having more than half of its clear floor to ceiling height below the average grade of the adjoining ground. When strict compliance herewith is impracticable, the Board may waive any of the provisions of this paragraph subject to such conditions as may be deemed desirable in the individual case.
(9) The Planning Commission shall take into consideration the following information and performance standards in which to base their recommendation on the conditional use permit application to the County Board: the hours of operation; the maximum stay of the occupants; the distance to any surrounding feedlots; the number and proximity of dwellings within one mile surrounding the proposed retreat center; the impact on local traffic.
(10) In addition to the other requirements, the application for a conditional use permit shall be accompanied by three copies of the plans which indicate or address the following:
(a) Stated purpose and type of the retreat center;
(b) Location and size of all existing and proposed physical improvements such as buildings, landscaping, parking areas and the like;
(c) Plans for sanitary sewage disposal, water systems (natural or human-made), and utilities servicing the site;
(d) Existing and proposed surface drainage;
(e) Existing or proposed location for exterior lighting;
(f) Location and width of all streets abutting the site;
(g) Proposed schedule of events and any proposed special events, which consist of any events that are not a part of the normal operating schedule;
(h) Certificate of liability insurance for the structures, property, occupants, visitors, and events proposed;
(i) List the number of adult caretaker(s) on duty and on site and the times they will be present;
(j) Dimensioned floor plan indicating the rooms or units to be used;
(k) On-site advertising shall be limited to one sign per entrance, not to exceed the requirements of Article 4 General Regulations, § 4.12 (sign regulations) and location must be described or shown on the site plan; and
(l) Any licenses or permits required by the Waseca County Public Health Services Department, including, but not limited to, kitchen and food facilities, water supply, septic systems and lodging requirements.
(11) Maximum length of stay for guests shall be limited to seven consecutive days or six nights per week. Additionally, within one calendar year, a single guest may utilize the business’ services at a maximum not to exceed 30 days.
(12) Maximum permitted number of rooms utilized for sleeping purposes within an establishment shall be not more than six bedrooms for those parcels residentially zoned.
(13) There shall be no cooking facilities separate from the principal kitchen within the structure to be utilized for or by guests and/or occupants of the retreat house.
(KK) Retreat center. Conditionally permitted in the HC Highway Commercial District and the Agriculture Protection District, AIC Agriculture Interpretive Center District and the LR Limited Residential.
(1) Standards in subsections (JJ)(1) through (JJ)(13) above listed for retreat houses shall also apply to retreat centers.
(2) The maximum stay of the occupants cannot exceed two weeks, unless otherwise established by the County Board.
(3) All new structures and modification to existing structures shall require a zoning permit.
(4) Retreat center units shall not be converted into permanent dwelling units, unless an application is approved showing that the units meet the requirements of the zoning ordinance and County Public Health Services Department rules and regulations.
(5) Existing buildings, in which the public may have access, used as any part of the Retreat Center must pass Building Code inspections prior to it being utilized by the retreat center.
(6) All county shoreland requirements and state planned unit development requirements shall apply.
(LL) Breweries, taprooms and micro-distilleries. This subsection addresses performance standards for the establishment and operation of a small brewery, microdistillery and brewer taprooms to be in compliance with M.S. Chapter 340A, as it may be amended from time to time.
(1) Production capacity. The annual production capacity of a small brewery or microdistillery may not exceed the amounts specified in M.S. § 340A.301, as it may be amended from time to time.
(2) Uses. The following uses may be permitted at a Small Brewery or Microdistillery in the I Industrial or HC Highway Commercial District or as a conditional use in the A-1 Agriculture Protection District:
(a) Aging processing and storage of beer (brewery) or distilled spirits (microbrewery) in bulk;
(b) Milling, malting, mashing, lautering, boiling, fermenting, conditioning, filtering of grain and fruit inside of a structure;
(c) Bottling, kegging, storage and wholesaling of kegs and bottled beer or distilled spirits; and
(d) Office use associated with the facility.
(3) Premises sampling room. Each sampling room (microdistillery) or taproom (brewery) in which distilled spirits or beer is to be manufactured and sold in the A-1 Agriculture Protection District must apply for a conditional use permit from the County Planning and Zoning Department and must conform to all on-premises permit requirements if the brewery intends to allow the consumption of beer in its tasting room; however, there shall be no requirement for a brewery with a tasting room to maintain kitchen facilities or serve food. Subject to the limitations of M.S. § 340A.301, as it may be amended from time to time, the following uses associated with a premises sampling room or taproom may be permitted at a microdistillery or small brewery in the I Industrial or HC Highway Commercial District or as a conditional use in the A-1 Agriculture Protection District, which would include preparation and sale of food:
(a) Display and sale of art and craft items;
(b) Sale of retail products such as glassware, distillery or brewer literature, and accessories, apparel, cheese products, and items directly related to beer or distilled spirit products;
(c) Indoor and outdoor live music shall be permitted during the hours of 12:00 p.m. and 11:00 p.m. on Friday, Saturday and Sunday except Indoor and outdoor live music is restricted in the A-1 Agricultural Protection District to the hours of 12:00 pm to 9:00 pm Friday, Saturday and Sunday;
(d) On-site marketing of beer or distilled spirits, including up to three special events annually and as limited by the special events provisions of the Waseca Unified Development Code;
(e) Preparation and serving of food (restaurant) will be subject to the requirements of the County Public Health Services Department and will only be allowed as a conditional use and only as related to the Microdistillery or Brewery operation in the A-1 Agriculture Protection District. Unified Development Code, Article 6 Zoning District Regulations, § 16 Specific Standards for Commercial and Industrial Uses apply as well as related to the microdistillery or brewery operation in the Districts of A-1 Agricultural Protection, HC Highway Commercial and I Industrial;
(f) Tours;
(g) Retail sale (as licensed for on-sale or off-sale) of beer or distilled spirits fermented and bottled at the microdistillery or brewery; and
(h) Retail sale of wine (on-sale only with appropriate license).
(4) The following standards shall apply to all small breweries or microdistilleries including tasting rooms or brewer taprooms.
(a) A site plan shall be required.
(b) All other applicable licenses and permits shall be obtained from the appropriate agency and maintained in association with the operation of the small brewery, microdistillery and/or brewer taproom. Copies of current appropriate licenses and/or permits shall be submitted to the County Planning and Zoning Department.
(c) The small brewery, microdistillery and brewer taproom located on a site within the A-1 Agriculture Protection District shall have a minimum parcel size of five acres and must be located at least 500 feet from any residence other than the owner.
(d) The small brewery, microdistillery and brewer taproom must comply with the provisions in the county code of ordinances relating to parking and loading requirements.
(e) The retail sale of products fermented at the facility must comply with state statutes and County Ordinance No. 10 regarding liquor licensing and must be incidental to the primary operation of the brewery or microdistillery.
(f) The total space for the sale of non-brewery related items including food, beverages other than beer, glassware, literature and accessories, shall not exceed 20% of the total square footage of the structure, of the small brewery or microdistillery.
(g) The subsurface sewage treatment system (SSTS) and all associated components shall be maintained in accordance with MPCA SSTS standards. The SSTS of a small brewery, microdistillery and brewer taproom shall be separate from any residential use associated with the property.
(MM) Farm winery. This subsection addresses performance standards for the establishment and operation of farm wineries.
(1) Production capacity. The annual production capacity of a farm winery may not exceed the number of gallons permitted in M.S. § 340A.315, as it may be amended from time to time.
(2) Uses. A farm winery may be allowed as a permitted use in the I General Industrial District or HC Highway Commercial District or as a conditional use in the A-1 Agricultural Protection District upon the granting of a conditional use permit:
(a) Aging processing and storage of wine in bulk;
(b) Crushing of grapes inside or outside of a structure;
(c) Bottling storage and wholesaling of bottled wine; and
(d) Office use associated with the winery.
(3) Prohibited uses. The following uses are not permitted at a farm winery: retail sale of items that are not permitted under the state statute farm winery license.
(4) Premises winery sampling room. Each sampling room for a farm winery in which wine is to be manufactured and sold in the A-1 Agriculture Protection District must apply for a conditional use permit from the County Planning and Zoning Department and must conform to all on-premises permit requirements if the farm winery intends to allow the consumption of wine in its tasting room; however, there shall be no requirement for a farm winery with a tasting room to maintain kitchen facilities or serve food. Subject to the limitations of M.S. § 340A.301, as it may be amended from time to time, the following uses associated with a premises sampling room may be permitted at a farm winery in the I Industrial or HC Highway Commercial District or as a conditional use in the A-1 Agriculture Protection District, which would include preparation and sale of food:
(a) Display and sale of art and craft items, subject to the limitations specified under the prohibited uses;
(b) Sale of retail products such as glassware, wine literature and accessories, apparel, cheese products, other wine related products such as fruit or vegetables, and items directly related to wine products;
(c) Indoor and outdoor live music between the hours of 12:00 p.m. to 11:00 p.m. Friday, Saturday and Sunday. Outdoor live music is restricted in the A-1 Agricultural Protection District to the hours of 12:00 p.m. and 9:00 p.m. on Friday, Saturday and Sunday;
(d) On-site marketing of wine or distilled spirits, including up to three special events annually and as limited by the special events provisions of the County Unified Development Code;
(e) Preparation and serving of food (restaurant) will be subject to the requirements of the Waseca County Public Health Services Department and will only be allowed as a conditional use and only as related to the Farm Winery operation in the A-1 Agriculture Protection District. Unified Development Code, Article 6 Zoning District Regulations, § 16 Specific Standards for Commercial and Industrial Uses apply as well as related to the farm winery operation in the Districts of A-1 Agricultural Protection, HC Highway Commercial and I Industrial;
(f) Tours;
(g) Retail sale (as licensed for on-sale or off-sale) of wine or distilled spirits fermented and bottled at the farm winery; and
(h) Retail sale of beer (on-sale only with appropriate license).
(5) Standards. The following standards shall apply to all farm wineries, including tasting or sampling rooms.
(a) A site plan will be required.
(b) All other applicable licenses and permits shall be obtained from the appropriate agency and maintained in association with the operation of the winery. Copies of current appropriate licenses and/or permits shall be submitted to the County Planning and Zoning Department.
(c) The farm winery shall be located on a minimum parcel size of five acres in the A-1 Agricultural Protection District. In addition in the A-1 AG Protection District, the winery must be located at least 500 feet from any residence other than the owner.
(d) The farm winery must comply with the provisions in the county code of ordinances relating to parking and loading requirements.
(e) The retail sale of wine must comply with state statutes and County Ordinance No. 10 regarding liquor licensing and must be incidental to the primary operation of the farm winery.
(f) The total space for the sale of non-wine related items including food, beverages other than wine, glassware, wine literature and accessories, shall not exceed 20% of the total square footage of the structure of the farm winery.
(g) The subsurface sewage treatment system (SSTS) and all associated components shall be maintained in accordance with MPCA SSTS standards. The SSTS of a farm winery shall be separate from any residential use associated with the property.
(NN) Industrial waste processing facility. New industrial wastewater treatment facilities shall be allowed as conditional uses in the A-1 Agriculture Protection District, HC Highway Commercial District and I Industrial District. Industrial wastewater treatment facilities shall comply with the following requirements.
(1) Site plan. Site plan review shall be required. Any new industrial wastewater treatment facility shall meet the minimum standards of § 6.15 of the Uniform Development Code providing for general standards for commercial and industrial uses.
(2) Setbacks.
(a) Treatment pond to residence: 1,000 feet;
(b) Spray Field to residence: 500 feet;
(c) Treatment pond or spray field to a public right-of-way: 100 feet;
(d) Treatment pond or spray field to a public or private ditch: 100 feet; and
(e) Treatment pond or spray field to any body of water, perennial or intermittent stream, or wetland: 100 feet.
(3) Access. If the Planning Commission determines it necessary, the site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
(4) Local, state and federal regulations. Industrial wastewater treatment facilities shall comply with all applicable local, state and federal laws and rules and regulations. No zoning permit shall be issued until such time as the applicant provides evidence of compliance with state and federal regulations.
(OO) Solar farms. Solar farms are the primary land use for the parcel on which the array is located and are distinguished from solar arrays that are an accessory use. Solar farms are composed of multiple solar panels on multiple mounting systems (poles or racks), and generally have a direct current (DC) rated capacity greater than 100 kilowatts. Solar farms are permitted by conditional use permit and/or by zoning permit.
(1) Stormwater management and erosion and sediment control. Stormwater management and erosion and sediment control shall meet the requirements of § 5.04.
(2) Setbacks. All solar panels in the array will be considered a principal use and shall be required to meet the setbacks of a principal structure. In addition, other than on the property of an owner, no solar farm shall be located within 500 feet of a residence.
(3) Foundations. The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions.
(4) Other standards and codes. All solar farms shall be in compliance with any applicable local, state and federal regulatory standards, including the State Uniform Building Code, as amended; and the National Electric Code, as amended.
(5) Power and communication lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the Planning and Zoning Administrator in instances where shallow bedrock, watercourses or other elements of the natural landscape interfere with the ability to bury lines.
(6) Application requirements for conditional use or zoning permit. A site plan of existing conditions showing the following (any drawing shall be submitted in paper format drawn to scale and in AutoCAD DWG format):
(a) Existing property lines and property lines extending 100 feet from the exterior boundaries, including the names of the adjacent property owners and current use of those properties;
(b) Existing public and private roads, showing widths of the roads and any associated easements;
(c) Location and size of any abandoned wells, sewage treatment systems and dumps;
(d) Existing buildings and any impervious surface;
(e) Topography at two-foot intervals and source of contour interval, unless determined otherwise by the Department. A contour map of the surrounding properties may also be required;
(f) Existing vegetation (list type and percent of coverage; i.e., grassland, plowed field, wooded areas and the like);
(g) Waterways, watercourses, lakes and public water wetlands;
(h) Delineated wetland boundaries;
(i) The 100-year flood elevation and regulatory flood protection elevation, if available;
(j) Floodway, flood fringe and/or general floodplain district boundary, if applicable;
(k) The Shoreland District boundary and the appropriate shoreland setback, if any portion of the project is located in a Shoreland Overlay District;
(l) Mapped soils according to the county soil survey;
(m) Surface water drainage patterns;
(n) In the shoreland overlay district, the ordinary high water level and the highest known water level; and
(o) In the shoreland overlay district, the toe and top of any bluffs within the project boundaries.
(7) Site plan of proposed solar farm. The following information shall be provided to the Planning and Zoning Department prior to issuance of the conditional use permit or zoning permit (any drawing shall be submitted in paper format drawn to scale and in AutoCAD DWG format):
(a) Location and spacing of solar panels;
(b) Location of access roads;
(c) Location of underground or overhead electric lines connecting the solar farm to the building, substation or other electric load;
(d) New electrical equipment other than at the existing building or substation that is the connection point for the solar farm; and
(e) Proposed erosion and sediment control measures and proposed stormwater management measures as required in Article 5 of this ordinance.
(8) Large ground-mounted systems. Ground-mounted solar systems that result in the creation of one or more acres of impervious surface must comply with § 5.04. Sketch elevation of the premises accurately depicting the proposed solar energy conversion system and its relationship to structures on adjacent lots (if any).
(9) Manufacturer’s specifications. Manufacturer’s specifications and recommended installation methods for all major equipment, including solar panels, mounting systems and foundations for poles or racks;
(10) The number and size of the panels to be installed;
(11) A description of the method of connecting the array to a building or substation;
(12) A copy of any easement required to cross private property or any permit to use any public right-of-way to connect the project to the utility grid or substation.
(13) A copy of the interconnection agreement with the local electric utility or a written explanation outlining why an interconnection agreement is not necessary;
(14) Contractor’s name and license number;
(15) Contractor certificate of liability insurance; and
(16) A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. Disposal of structures and/or foundations shall meet the provisions of state law and the requirements of the county solid waste ordinance. The Board may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning in an amount equal to the estimated cost to restore the site if the use is discontinued.
(PP) Standards for solar energy systems, accessory. Solar energy systems are a permitted accessory use requiring a zoning permit in all zoning districts, subject to the following standards.
(1) Accessory building limit. Solar systems, either roof- or ground-mounted, do not count as an accessory building for the purpose of meeting limits on the number of accessory structures allowed per residential lot or the coverage limits.
(2) Height. Active solar systems are subject to the following height requirements:
(a) Building or roof- mounted solar systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices for the zoning district in which the system is being installed.
(b) Ground or pole-mounted solar systems shall not exceed 15 feet in height when oriented at maximum tilt if the system is located between the accessory structure setback and the principal structure setback; and shall not exceed 25 feet maximum tilt if the system meets the principal structure setback from the zoning district.
(3) Location within lot. Solar systems must meet the accessory structure setback for the zoning district.
(4) Roof-mounted solar systems. In addition to the building setback, the collector surface and mounting devices for roof-mounted solar systems that are parallel to the roof surface shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. The collector and racking for roof-mounted systems that have a greater pitch than the roof surface shall be set back from all roof edges by at least two feet. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.
(5) Ground-mounted solar systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt.
(6) Large ground-mounted systems. Ground-mounted solar systems that result in the creation of one or more acres of impervious surface must comply with § 5.04.
(7) Maximum coverage. Roof or building mounted solar systems, excluding building-integrated systems, shall not cover more than 80% of the south-facing or flat roof upon which the panels are mounted. The total collector surface area of pole or ground mount systems outside of the Agriculture Protection District shall not exceed 1% of the lot area. Pole or ground mounted systems must meet the impervious surface requirements of the underlying district in which the system is located or have a stormwater management plan and meet the erosion and sediment control requirements of § 5.04.
(8) Approved solar components. Electric solar system components must have an Underwriters Laboratory (UL) listing.
(9) Compliance with State Electric Code. All photovoltaic systems shall comply with the State Electric Code.
(10) Utility notification. No grid-intertie photovoltaic system shall be installed until evidence has been given to the Planning and Zoning Department that the owner has notified the utility company of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.
(Ord. 97, passed 7-21-2009; Ord. 108, passed 3-5-2013; Ord. 111, passed 10-1-2013; Ord. 112, passed 1-7-2014; Ord. 113, passed 4-15-2014; Ord. 117, passed 6-17-2014; Ord. 127, passed 11-7-2017; Ord. 138, passed 9-3-2019; Ord. 141, passed 5-5-2020; Ord. 152, passed 10-18-2022)