(H)   All existing residential principal buildings with non-winterized construction or inadequate nonconforming year-round on-site sewage treatment systems as described in this chapter and Ch. 154 of this code, shall be considered a seasonal principal building. No building permit shall be issued for the improvement of a seasonal principal building to a continuous year-round (365 days) habitable dwelling unit unless the existing building conforms or the building after the improvement (including septic system) shall conform with all the requirements of the city’s ordinances and any applicable state requirements.

 

 

 

 

 

 

 

 

 

 

         (a)   No person shall, on any lot less than five acres anywhere in the city keep, harbor or maintain care, custody or control over any chicken, without obtaining a permit issued by the city.

         (b)   The permit shall be subject to all terms and conditions of this chapter and any additional conditions deemed necessary by the city to protect the public health, safety and welfare. The necessary permit may be obtained from the City Administrator’s office.

   (A)   (1)   All agricultural operations in existence upon the effective date of the ordinance from which this chapter was derived shall be a permitted use. However, all regulations contained herein and other city ordinances in effect shall apply to all changes of the agricultural operation that shall cause all or part of the area to become more intensively used or more residential in character.

      (3)   Fences along any lot lines or within any building setback lines as defined in § 153.005 of this code may be a maximum of six feet in height, except as provided in division (B)(5) below. All fences parallel to any road shall be set back a minimum of 20 feet from the road right-of-way for line-of-sight safety reasons. All fences which exceed four feet in height and which are parallel to any road shall be screened in accordance with division (B)(8) below.

      (4)   Shall the rear lot line of a lot be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard of the abutting lot shall not be fenced to a height of more than four feet.

      (5)   All fences on lake lots shall be set back a minimum of 20 feet from the ordinary high water mark. Fences along interior lot lines between the 20-foot setback from the ordinary high water mark and the required building setback from the ordinary high water mark shall not exceed four feet in height.

      (6)   Fences located within the buildable area of a lot or eight feet or more from the rear lot line may be up to eight feet in height.

      (7)   Where the property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the property line.

      (8)   The screening required in this section shall consist of forms of landscaping (plant materials) so as to block direct visual access to the fence from the street.

   (A)   In all zoning districts except for the uses permitted in the MS District, only personal property of the property owner or tenant shall be stored on the premises. This property shall be stored within a building or fully screened so as not to be visible from adjoining properties and public places and streets, except for the following. Laundry drying and recreational equipment, construction and landscaping materials and equipment currently (within a period of three months, which may be extended to coincide with the timeline of a building permit or a grading permit) being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises; off-street parking of licensed passenger automobiles, pick-up trucks, boats and trailers are permissible if stored more than ten feet from any property line, except as regulated by division (B) below. Off-street parking of recreational vehicles is allowed if stored more than ten feet from any property line and behind the front building line of the principal structure. A recreational vehicle can be stored in front of the principal structure in the Ag and RR Zones if it meets the front yard setback and is fully screened year-round from neighboring property and the public street. Existing uses shall comply with this provision within 12 months following enactment of the ordinance from which this chapter was derived.

   (B)   In the VHS-R and VHS-C Zoning Districts, only one of the following items may be stored on any residential premises: recreational vehicle, all-terrain vehicle (ATV), snowmobile, boat, trailer not occupied as living quarters or similar item. This item may not be more than 25 feet in length and shall be stored behind the front building line of the principal structure at least ten feet from each lot line.

   (C)   In Nonresidential Zoning Districts, exterior storage of personal property may be permitted by conditional use permit provided any the property is so stored for purposes relating to a use of the property permitted by this chapter and shall not be contrary to the intent and purposes of this chapter.

   (D)   In all zoning districts, all waste, refuse or garbage shall be kept in an enclosed building or properly contained in a container designed for these purposes. The owner of vacant land shall be responsible for keeping the land free of refuse and noxious weeds. Existing uses shall comply with this provision within 90 days following enactment of the ordinance from which this chapter was derived.

   (E)   Unlicensed passenger vehicles and trucks shall not be parked on any property for a period exceeding seven days. All exterior storage not included as a permitted accessory use, a permitted use or included as part of a conditional use permit or otherwise permitted by provisions of this chapter shall be considered to be refuse.

      (1)   A shipping container can be used only for temporary storage.

      (2)   A shipping container can be stored in the driveway or other location at least ten feet from all property lines.

      (3)   A shipping container cannot remain on a property for more than 180 days, unless it is demonstrated that the storage of specific items is necessary due to the timing of the construction of a permanent building to which the stored items are to be moved; in which case the shipping container can remain for up to an additional 180 days.

      (4)   A shipping container may be used for a public works use in conjunction with a public works facility on a temporary or permanent basis.

(Prior Code, § 12-194) (Ord. 1997-19, passed 7-15-1997; Ord. 11-2023, passed 10-17-2023) Penalty, see § 153.999

 

      (1)   No detached dwelling unit shall be permitted in the Industrial Zoning District.

      (2)   A dwelling unit in an industrial building shall not contain more than one bedroom.

      (3)   A dwelling unit that is part of the principal building shall be provided with two exits; one shall be a direct outside exit.

      (4)   All buildings shall conform to the building code and applicable fire codes.

      (1)   A dwelling unit in the VHS District located in a commercial structure may be located above the main floor and in the rear of the main floor, but shall not occupy the front half of the ground floor or be located in the basement.

      (2)   A maximum of two dwelling units are allowed in a commercial building in the VHS-C District.

      (3)   A dwelling unit in a commercial building shall not contain more than two bedrooms.

      (4)   An office use is allowed to be located above the main floor of a commercial building.

      (5)   A dwelling unit cannot be located in a commercial building unless there is a commercial use on the main floor

      (6)   A minimum of one off-street parking space shall be provided for each dwelling unit in a commercial building.

      (7)   A dwelling unit in a commercial building shall require a conditional use permit.

      (8)   The approval of a dwelling unit in a commercial building shall be subject to sufficient capacity in the municipal wastewater treatment facility. Each dwelling unit shall be considered one sewer unit.

      (9)   If a commercial building is not connected to the municipal sanitary sewer system, the addition of a residential unit to the building shall trigger the requirement to connect to the sanitary sewer system within 60 days, subject to weather conditions.

      (10)   A dwelling unit that is part of the principal building shall meet building and fire code requirements for exits.

      (11)   A commercial building in which a dwelling unit is located shall conform to the building code and applicable fire codes on an on-going basis.

(Prior Code, § 12-201) (Ord. 1997-21, passed 12-15-1998; Ord. 02-2023, passed 3-21-2023) Penalty, see § 153.999

   (A)   All uses, buildings and structures shall conform to the regulations of the state’s Pollution Control Agency relating to air, water, noise and solid wastes.

   (B)   No use shall be permitted that shall cause or result in the pollution of any tributary of the St. Croix River, any lake, stream, groundwater or other body of water in the city.

   (C)   Chemical insecticides or herbicides shall be stored, handled, utilized and disposed of according to the standards set forth by the state’s Pollution Control Agency.

 

 

      (1)   The manufactured home shall be an accessory dwelling unit to be occupied by persons who:

         (a)   Are infirm to the extent that they require extraordinary care;

         (b)   Need care that can only be provided, without great economic hardship, by family members residing in the principal dwelling on the premises; and

         (c)   Have a written statement of a physician stating the infirmity and the need for care required by divisions (B)(1)(a) and (B)(1)(b) above.

      (2)   The administrative permit is so conditioned that it shall expire and terminate at a time when the care facility is no longer the residence of the person suffering from the infirmity who requires care, or at a time as this care is no longer required.

      (3)   At the time of termination of the administrative permit, the manufactured home care facility shall be removed from the premises within 30 days.

      (4)   The administrative permit is so conditioned so as to be reviewed annually by the Zoning Administrator.

      (5)   Pursuant to authority granted by M.S. § 462.3593, subdivision 9, as it may be amended from time to time, the city opts out of the requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates temporary family health care dwellings.

      (1)   The manufactured home shall be an accessory dwelling unit located on a farm of at least 75 acres.

      (2)   The manufactured home shall be occupied by persons who are:

         (a)   Members of the family of the persons occupying the principal dwelling on the premises; and/or

         (b)   Engaged in the occupation of farming on the premises as partners or other business associates of the persons living in the principal dwelling on the premises and who earn 50% or more of their annual gross income for federal income tax purposes from farming on the premises.

      (3)   The administrative permit is so conditioned that it shall expire and terminate at a time as the persons occupying the manufactured home are no longer engaged in farming on the premises as required by division (C)(2)(b) above.

      (4)   At the time of termination of the administrative permit, the manufactured home temporary farm dwelling shall be removed from the premises within 30 days.

      (5)   The administrative permit is conditioned so as to be reviewed annually by the Zoning Administrator.

      (1)   The manufactured home shall be utilized as a field headquarters for directing the ongoing construction of a project.

      (2)   Only one manufactured home shall be permitted on each project.

      (3)   The manufactured home shall have adequate sanitary facilities or the site shall have temporary sanitary facilities installed.

      (4)   The manufactured home and parking spaces shall adhere to all setback requirements for the zoning district and shall only utilize the permitted driveway access.

      (5)   The manufactured home shall not be used as a dwelling unit.

      (6)   The administrative permit is issued only after the building permit has been issued. The manufactured home shall not be placed on the construction site until both a administrative permit and a building permit have been issued.

      (7)   The permit shall expire 90 days from the date of issuance and may be renewed for one additional 90-day period.

      (8)   The applicant shall execute a contract with the city agreeing to remove the manufactured home temporary construction office from the city prior to the expiration of the permit, secured by a certified check or cash deposit in an amount set by the Zoning Administrator, and authorizing the city to remove the manufactured home immediately upon expiration of the permit shall the applicant fail to do so, and to charge all costs of removal including a reasonable attorney’s fee against the security deposit.

      (1)   The manufactured home shall be utilized as a temporary dwelling unit by the present or potential occupant of a single-family residence during the construction, reconstruction or alteration of the residency by the present or potential occupant.

      (2)   The manufactured home shall have adequate sanitary facilities as prescribed by Ch. 154 of this code.

      (3)   The administrative permit shall be issued only after the building permit has been obtained for the proposed construction.

      (4)   The manufactured home and parking spaces shall adhere to all setback requirements for the zoning district and shall utilize the permitted driveway access.

      (5)   The permit shall expire 180 days from the date of issuance and may be renewed for one additional 180-day period.

      (6)   The applicant shall execute a contract with the city agreeing to remove the manufactured home temporary dwelling unit from the city prior to the expiration of the permit, secured by a certified check or cash deposit in an amount set by the Zoning Administrator, and authorizing the city to remove the manufactured home immediately upon expiration of the permit shall the applicant fail to do so, and to charge all costs of removal including a reasonable attorney’s fee against the security deposit.

      (1)   Use the existing driveway access of the principal dwelling unit;

      (2)   Be separated by a minimum horizontal distance of 40 feet from any other structure; and

      (3)   Have ground anchors or tie downs as approved by the state’s Manufactured Home Building Code.

      (1)   Land reclamation and land grading shall be permitted only by a conditional use permit in all zoning districts.

      (2)   The depositing, moving and/or removing of more than 50 cubic yards and/or the disturbance of land area of 1,000 square feet or more of material per lot, either by hauling in and/or out or regrading of an area shall constitute land reclamation and land grading.

      (3)   Land reclamation and land grading in floodplains shall be in accordance with Ch. 159 of this code.

      (4)   The permit shall include as a condition thereof a finished grading plan that shall not adversely affect the adjacent land and as conditions thereof shall regulate the type of material permitted, program for rodent control, plan for fire control and general maintenance of the site, controls of vehicular ingress and egress, drainage and control of material disbursed from wind or hauling of material to or from the site, and erosion control and stabilization plans for the deposited material or excavated area.

      (5)   In addition to a finished grading plan, a Stormwater Pollution Prevention Plan (SWPPP) and an Erosion and Sediment Control Plan (ESCP) may be required, if in the judgment of the Zoning Administrator, significant soil erosion, vegetation destruction, drainage damage or pollution from stormwater may occur during, or after the land alteration process. These plans shall achieve at least the minimum standards described in Ch. 158 of this code.

      (6)   The finished grading plan and stormwater pollution prevention and erosion control plan shall be reviewed by the City Engineer and may be reviewed, as deemed necessary by the Zoning Administrator or the City Council, by the state’s Department of Natural Resources, the county’s Soil and Water Conservation District and the appropriate Watershed Management Organization and/or District.

      (7)   The Zoning Administrator may require the applicant to post a bond or other financial guarantee to ensure compliance with the permit.

   (B)   No person, county, municipality or other political subdivision shall appropriate or use any public water, surface or underground, without first obtaining a use of public waters permit and written permission of the Commissioner of the Division of Waters, Soils and Minerals of the state’s Department of Natural Resources. For purposes of these regulations, public waters shall be defined in M.S. Ch. 103G, as it may be amended from time to time, and as follows:

      (1)   Public waters shall include all lakes, ponds, swamps, streams, drainageways, floodplains, floodways, natural watercourses, underground water resources and similar features involving directly or indirectly the use of water within the city.

      (2)   No public water area shall be filled, partially filled, dredged, altered by grading, mining or otherwise utilized or disturbed in any manner without first securing a public waters use permit from the state’s Department of Natural Resources and the U.S. Army Corps of Engineers, and a grading permit from the city. Grading permits shall be reviewed and approved by the Department of Natural Resources, the City Engineer, the Watershed District, the Planning Commission and the City Council.

   (A)   Private kennels are only permitted after the issuance of a conditional use permit in the Agricultural and Rural Residential Zoning Districts. Private kennels are prohibited in other zoning districts.

   (B)   The following standards must be met for private kennels.

      (1)   The kennel shall be operated as a private residential kennel without any boarding of dogs owned by others, no offering of or actual training of dogs owned by others and no regular offering of dogs for sale.

      (2)   The minimum acreage required for a residential kennel is five acres.

      (3)   No more than six dogs over six months of age shall be permitted on a five-acre parcel. For each additional acre one additional dog over six months of age shall be permitted, up to a maximum of ten dogs.

      (4)   If the land is subdivided, the number of dogs permitted shall be reduced if necessary to comply with this chapter.

      (5)   The setback from the side and rear lot line shall be a minimum of 100 feet for any part of the kennel operation, except that it shall be a minimum of 200 feet from any existing dwelling on an adjacent parcel.

      (6)   There shall be a 2,000-foot separation between kennels.

      (7)   All dogs shall be kenneled within the residence. Outside runs are permitted provided they do not exceed a total area of 5,000 square feet.

      (8)   No buildings shall be constructed within the runs.

      (9)   All runs shall be attached to the principal dwelling.

      (10)   The fencing shall be constructed so that dogs cannot go over, under or through the fence.

      (11)   The fencing shall be constructed as per the plans accompanying the application which shall be on file in the City Hall.

      (12)   The applicant shall take measures as are required to limit the noise from the dogs. Complaints of the dogs frequently or habitually howling, yelping, barking or complaints of odor may be grounds for revoking the permit.

      (13)   Owner shall be present on the premises when more than three dogs are outside.

      (14)   The permit for private kennel shall be subject to annual review.

         (a)   Adjoining landowners shall be notified at least two weeks before the permit is to be reviewed in order that they may have time to comment on the use.

         (b)   The applicant shall provide a list of adjoining landowners at least 30 days before the required review and pay fees as are set from time to time by resolution of the City Council.

      (15)   All waste materials shall be disposed of in accordance with the ordinances of the city and state law and in a manner as to avoid the creation of a nuisance.

      (16)   Periodic inspection shall be made by the Zoning Administrator.

      (17)   Failure to meet the conditions of the conditional use permit shall constitute grounds for revocation of the permit.

      (18)   All dogs in the kennel shall be licensed by the city.

      (17)   The conditional use permit shall terminate if the amended permit is not requested within 60 days or if there is no request for annual renewal.

   (E)   No home occupation shall be permitted that creates the need for more than three parking spaces at any given time in addition to the parking spaces required by the occupants.

   (F)   There shall be no signage visible from outside the dwelling other than those otherwise permitted in the zoning district in which the dwelling is located.

   (G)   The home occupation shall not produce light, glare, noise, fumes, smoke, dust, heat, odors or vibration detectable to the normal senses off the property, or traffic. Pollutants and toxic wastes of any nature are not allowed.

   (H)   No equipment shall be permitted to be used in the home occupation, which may create electromagnetic interference to surrounding property.

   (I)   There shall be no retail sales of goods allowed as part of any home occupation, with the exception of limited retail sales of food items as allowed under the Cottage Food Law, if the sales are under the Tier 1 sales cap of the Cottage Food Law, the individual is registered for cottage food sales, and an administrative permit is obtained from the city for the cottage food sales.

      (1)   The individual shall provide documentation of the initial cottage food registration, as well as documentation of each annual renewal of the registration.

      (2)   The administrative permit may be revoked if the cottage food use does not meet city code requirements or the Cottage Food Law requirements.

   (J)   Any interior or exterior alterations resulting from home occupations shall be prohibited, except those customarily found in a single-family dwelling.

(Prior Code, § 12-228) (Res. 1997-16, passed 6-17-1997; Ord. 03-2024, passed 6-18-2024) Penalty, see § 153.999

   (E)   License application. Any property owner desiring to undertake short-term home rentals must apply to the city for a short-term home rental license. A license must be approved prior to operating within the city. The license application request must be submitted on the form provided by the city and must include all the information requested on the application form. A criminal background check consistent with M.S. Ch. 299C, as it may be amended from time to time, shall be conducted on managers (as defined by M.S. § 299C.67, subdivision 4, as it may be amended from time to time) as part of the license application review.

         (a)   For Type B and C short-term home rentals, the name, phone number and address of the owner, operating lessee or managing agent/representative;

         (b)   The maximum number of guests allowed at the property;

         (c)   The maximum number of vehicles allowed at the property and the approved parking areas, as indicated on the site plan provided with the license application;

         (d)   Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities;

         (e)   That city nuisance ordinances shall be enforced by the County Sheriff’s Department, including reduced noise levels between 10:00 p.m. and 8:00 a.m.; and

         (f)   That no events are allowed to be hosted by a guest on the premises.

      (13)   There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short-term home rental, except that additional on-site city code compliant parking may be provided.

      (14)   No lessee under this chapter shall be granted any benefit otherwise granted to lessees of homes under the firearms ordinance in Ch. 130 of this code.

      (15)   Advertising for short-term rentals without a license for short-term home rentals is prohibited.

      (1)   Type A, B and C license applications shall not be accepted without an approved inspection report signed by the city’s Fire Department and Building Department. The inspection must have been completed no more than 60 days prior to submission of the license application.

      (2)   The list of health and safety items that shall be inspected shall be included in license application materials so that the licensee shall know in advance what items shall be inspected. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city before the license shall be issued.

      (3)   Any property licensed under this section shall be subject to lawful inspection by the Zoning Administrator and the Zoning Administrator’s authorized representatives upon a schedule determined by the Zoning Administrator or upon complaint.

      (1)   The applicant must submit a site plan of the property drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests shall be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire or sauna.

      (2)   The applicant must submit a floor plan of the residence drawn to scale identifying which rooms are proposed to be used as guest bedrooms. The number of bedrooms in the application must match the number of bedrooms reflected in the county’s property tax records.

         (a)   Any short-term home rental license may be suspended or revoked for one or more of the following reasons upon notice and the provision of an opportunity for hearing for good cause:

            1.   Violation of, or noncompliance with, any license requirement or performance standard, or any applicable law, statute or ordinance;

            2.   It is the second substantiated and relevant complaint, as determined by the Zoning Administrator, within a 12-month period;

            3.   The licensee/property owner or their agent has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees;

            4.   The licensee/property owner or their agent has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application for or in the course of the licensee’s business;

            5.   The licensee/property owner or their agent has been convicted of any crime or offense in the previous five years involving or relating to the short-term home rental business and the licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business;

            6.   The licensee/property owner or their agent has acted in an unauthorized manner or beyond the scope of the license granted; or

            7.   The licensee/property owner or their agent has advertised the property in a way that conflicts with any limitation or requirement of this chapter.

            8.   Anyone operating a short-term home rental or advertising a short-term home rental, without a license from the city, after receiving notification by the city that they are in violation and a license is required prior to renting, is subject to immediate and permanent revocation of all short-term rentals in the city owned and/or operated by the violator.

         (b)   If a license is revoked, the owner is prohibited from making application for another license for any type of short-term home rental for a period of one year. If a property is found to be providing short-term home rentals without the required license, the owner shall be prohibited from using the property for short-term home rentals, or making application for a license for any type of short-term home rental, for a period of three years, subject to the payment of any penalty fees.

(Ord. 03-2020, passed 3-17-2020; Ord. 01-2023, passed 2-21-2023) Penalty, see § 153.999

   (A)   A farm winery is allowed with an approved conditional use permit in the Agricultural Zone.

   (B)   Wholesale sales of wine are allowed with a state farm winery license.

   (C)   Wine tastings are allowed and shall be by appointment only, and appointments shall be limited to a maximum of ten people and a maximum of two hours. Wine tastings shall be limited to three days per week and shall not extend beyond 9:00 p.m. Wine tastings require a state farm winery license.

   (D)   Off-sale retail sales of wine may occur only as part of an allowed wine tasting.

   (E)   No food sales are allowed as part of a wine tasting.

   (F)   On-sale retail sale of wine is not allowed.

   (G)   Off-street parking shall be provided, with adequate parking for guests at wine tastings and for employees.

   (H)   The plans for a farm winery building and parking area shall be subject to review and approval as part of a conditional use permit application review process.

   (I)   A farm winery cannot be used as a commercial event venue.

(Ord. 09-2024, passed 8-20-2024)