Battle Lake City Zoning Code

ADDITIONAL USES

§ 156.050 TWIN HOMES.

(A) Lot area, lot width, and yard requirements (for each unit).

(1) Front yard setback: 30 feet;

(2) Lot area: minimum lot area of 6,500 square feet;

(3) Lot width: minimum lot width of 65 feet;

(4) Side yard setback: not less than ten feet; and

(5) Rear yard setback: 20 feet from the public right-of-way or ten feet from the lot line.

(B) Conditional uses. Two-family dwellings and twin homes may be divided into single parcels of record with the party wall acting as the dividing lot line by issuance of a conditional use permit and subject to the following conditions.

(1) Each of the lots created in subdividing lands on which a two-family structure is located shall be equal as is reasonably possible and shall be shown on a registered survey.

(2) Except for setbacks along the common property line, all other setback and yard requirements shall be met.

(3) Separate services shall be provided to each residential unit for sanitary sewer, water, electricity, natural gas, telephone, and other utilities.

(4) The two-family units, either existing or proposed, must be constructed in a side-by-side manner.

(5) To protect the safety and property of the owner and occupants of each individual unit, no existing two family structure may be split into two separate ownerships unless and until the common party wall fire rating is brought up to new construction standards contained in the Uniform Building Code (UBC). Party walls must provide sound transmission control ratings as per the State Building Code.

(6) Uniformity in outside appearance. Siding and roofing need to be made of the same product and same color.

(7) Party walls:

(a) PARTY WALL means each wall, which is built as a part of the original construction of the living units upon the properties and placed on the dividing line between the lots shall constitute a PARTY WALL, and, to the extent not inconsistent with the provisions of this section, the general rules of law regarding PARTY WALLS and liability for property damage due to negligence or willful act or omissions shall apply thereto.

(b) The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use of wall.

(c) If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other owner thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.

(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999

§ 156.051 PLANNED UNIT DEVELOPMENT.

(A) Types of PUDs permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in § 156.027 and the official zoning map.

(B) Processing of PUDs. Planned unit developments must be processed as a conditional use. Approval cannot occur until the environmental review process (EAW/EIS) is considered.

(C) Application for PUDs. The applicant for a PUD must submit the following documents prior to final action being taken on the application request:

(1) A site plan and/or a plat for the project showing locations of property boundaries, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two;

(2) A property owners’ association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements of M.S. §§ 515A and 515B CIC (common interest communities) requirements, as they may be amended from time to time;

(3) Deed restrictions, covenants, permanent easements, or other instruments that:

(a) Properly address future vegetative and topographic alterations, construction of additional buildings, and construction of commercial buildings in residential PUDs; and

(b) Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in § 150.085. These criteria shall also apply in nonshoreland areas.

(4) When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied; and

(5) Those additional documents, as requested by the Planning Commission, necessary to explain how the PUD will be designed and will function.

(D) Site “suitable area” evaluation. Proposed new PUDs or expansions to existing PUDs must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation. The suitable area is determined by excluding any wetlands, bluff areas, or any area below the elevation of 1,339.38 feet as identified in Chapter 153 (Storm Water Management).

(E) PUD density evaluation. Density evaluation is determined by the limiting factors of the required 50% open space, 40% impervious surface coverage, and the parking requirements found in § 155.031.

(F) Maintenance and design criteria.

(1) Maintenance and administration requirements. Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.

(2) Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:

(a) Commercial uses prohibited (for residential PUDs);

(b) Vegetation and topographic alterations other than routine maintenance prohibited; and

(3) Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners’ association with the following features.

(a) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers.

(b) Each member must pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or sites.

(d) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

(4) Open space requirements. Planned unit developments must contain open space meeting all of the following criteria.

(a) At least 50% of the total project area must be preserved as open space.

(b) Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space.

(c) Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries.

(d) Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public.

(e) Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.

(f) Open space must not include commercial facilities or uses.

(g) The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means.

(5) Erosion control and storm water management. Erosion control and storm water management plans must be developed and the PUD must:

(a) Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This goal must be accomplished by limiting the amount and length of time of bare ground exposure. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and

(b) Be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff. Impervious surface coverage within any tier must not exceed 40% of the tier area.

(6) Centralization and design of facilities. Centralization and design of facilities and structures must be done according to the following standards.

(a) A planned unit development must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the county. On-site sewage-treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system.

(b) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the setbacks in accordance with § 156.030.

(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999

§ 156.052 ADULT ENTERTAINMENT ESTABLISHMENTS.

(A) Purpose and intent.

(1) Studies conducted by the State Attorney General, the American Planning Association, and cities such as St. Paul; Indianapolis; Alexandria, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California; Seattle, Washington; have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have an adverse impact on the surrounding neighborhoods. Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. Based on these studies and findings, the City Council concludes the following.

(a) Adult establishments have adverse secondary impacts of the types set forth above.

(b) The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by locational requirements, licensing requirements, and health requirements.

(c) It is not the intent of the City Council to prohibit adult establishments from having a reasonable opportunity to locate in the city.

(d) M.S. § 462.357, as it may be amended from time to time, allows the city to adopt regulations to promote the public health, safety, morals, and general welfare.

(e) The public health, safety, morals, and general welfare will be promoted by the city adopting regulations governing adult establishments.

(f) Sexually oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime-prevention programs and law enforcement services.

(g) Sexually oriented businesses can be used as fronts for prostitution and other criminal activity. The experience of other cities indicates that the proper management and operation of such businesses can, however, minimize this risk, provided the owners and operators of such facilities are regulated by licensing or other procedures.

(h) Sexually oriented businesses can increase the risk of exposure to communicable diseases including, but not limited to, Acquired Immune Deficiency Syndrome (AIDS) for which currently there is no cure. Experiences of other cities indicate that such businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, thereby endangering not only the patrons of such establishments but also the general public.

(i) Sexually oriented businesses can cause or contribute to public health problems by the presence of live adult entertainment in conjunction with food and/or drink and alcohol use on the same premises.

(j) The risk of criminal activity and/or public health problems can be minimized through a licensing and regulatory scheme as prescribed herein.

(2) It is the purpose of this section to regulate adult-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to:

(a) Prevent additional criminal activity within the city;

(b) Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood;

(d) Prevent concentration of adult-oriented businesses within certain areas of the city.

(3) The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to adult oriented materials protected by the First Amendment or to deny access by distributors and exhibitors of adult oriented entertainment to their intended market.

(B) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.

ADULT BOOK AND/OR MEDIA STORE. An establishment which excludes minors and which has a substantial portion of its stock in trade or stock on display books, magazines, films, videotape, or other media, which are characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

ADULT CABARET. An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age from all or part of the establishment and if such dancing or other live entertainment in distinguished or characterized by an emphasis on the performance, depiction, or description of specified sexual activities or specified anatomical areas.

ADULT ESTABLISHMENT. Any business which offers its patrons services, entertainment, or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussion, or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other establishments.

ADULT HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

ADULT MINI-MOTION PICTURE THEATER.

(a) A theater in an enclosed building, from which minors are excluded from all or part of the establishment, with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

(b) Any business which presents motion pictures, from which minors are excluded from all or part of the establishment, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for viewing on the premises, including, but not limited to, private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent.

ADULT MODELING STUDIO. An establishment, which excludes minors from all or part of the establishment, whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation to sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

ADULT MOTION PICTURE ARCADE. Any place which excludes minors from all or part of the establishment wherein coin or token operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

ADULT MOTION PICTURE THEATER. A theater in an enclosed building, from which minors are excluded from all or part of the establishment, with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but no limited to film and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons.

ADULT NOVELTY BUSINESS. A business, from which minors are excluded from all or part of the establishment, which sells, offers to sell, or displays devices which simulate human genitals or devices which are designed for sexual stimulation.

ADULT USE. Any of the activities and businesses described in this division (B) constitute ADULT-ORIENTED BUSINESSES which are subject to the regulation of this section.

SPECIFIED ANATOMICAL AREAS. Any of the following conditions:

(a) Less than completely and opaquely covered:

1. Human genitals, pubic region, or pubic hair;

2. Buttock or anus; and

3. Female breast below a point immediately above the top of the areola.

(b) Human male genitals in a discernible turgid state, completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:

(a) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal;

(b) SADOMASOCHISTIC ABUSE, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed;

(c) Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of a human genital organ, clothed or unclothed; and/or

(d) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

(1) Except as in this section specifically provided, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose nor in any manner, which is not in conformity with this section.

(2) No adult-oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the city, the laws of the state, or the United States of America. Nothing in this section shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors.

(D) Location. During the term of this section, no adult-oriented businesses shall be located less than 1,000 feet from any residential zoning district boundary or site used for residential purposes, and less than 1,000 feet from any church site, from any school site, from any day care facility, or from any park which is adjacent to property zoned residential. In addition, no adult-oriented business may be located within 1,000 feet of another adult-oriented business. For purposes of this section, this distance shall be a horizontal measurement from the nearest existing residential district boundary or site used for residential purposes, church site, school site, day care site, park site, or another adult-oriented business site to the nearest boundary of the proposed adult-oriented site.

(E) Hours of operation. No adult-oriented business site shall be open to the public from the hours of 11:00 p.m. to 9:00 a.m.

(F) Alcoholic beverages. No alcoholic beverages shall be possessed, used, sold, or provided by or to any person at any adult-oriented business premises.

(G) Operation.

(1) An establishment operating as an adult-oriented business shall prevent off-site viewing of its merchandise, which if viewed by a minor, would be in violation of M.S. Chapter 617, as it may be amended from time to time, or other applicable federal or state statutes or local ordinances.

(2) All entrances to the business, with the exception of emergency fire exits, which are not useable by patrons to enter the business, shall be visible from a public right-of-way.

(3) The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, video tapes, or any other material.

(4) Illumination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior premises.

(5) Signs for adult-oriented businesses shall comply with the city’s ordinance for signs, and in addition signs for adult-oriented businesses shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation.

(H) Licenses.

(1) All establishments, including any business operating at the time this section becomes effective, operating or intending to operate an adult oriented business, shall apply for and obtain a license from the city. A person is in violation of the City Code if he or she operates an adult-oriented business without a valid license issued by the city.

(2) An application for a license must be made on a form provided by the city.

(a) The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(b) The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the appropriate state, county, and local law and codes by the health official, Fire Marshal, and building official.

(c) Application for license shall contain the address and legal description of the property to be used; the names, addresses, phone numbers, dates of birth, of the owner, lessee, if any, the operator or manager, and all employees; the name, address, and phone number of two persons, who shall be residents of the state, and who may be called upon to attest to the applicant’s, manager’s, or operator’s character; whether the applicant, manager, or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, complete and accurate information the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as the regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating, or furnishing or acquiring the premises, personal effects, equipment, or anything incident to the establishment, maintenance, and operation of the business.

(d) If the application is made on behalf of a corporation, joint business venture, partnership, or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names, addresses, and dates of birth of all individuals having an interest in the business, including partners, officers, owners, and creditors furnishing credit for the establishment, acquisition, maintenance, and furnishings of said business and, in the case of a corporation, the names, addresses, and dates of birth of all officers, general managers, members of the board of directors, as well as any creditors who have extended credit for the acquisition, maintenance, operation, or furnishing of the establishment including the purchase or acquisition of any items of personal property for use in said operation.

(e) All applicants shall furnish to the city, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements, and any other documents establishing the interest of the applicant or any other person in the operation, acquisition, or maintenance of the enterprise.

(f) All establishments, including any business operating at the time this section becomes effective, operating or intending to operate an adult oriented business shall be prohibited if the license fee required by this section has not been paid.

(g) All establishments, including any business operating at the time this section becomes effective, operating or intending to operate an adult oriented business shall be prohibited if an applicant has been convicted of a crime involving any of the following offenses:

1. Any sex crimes as defined by any ordinance or statute in conformity therewith;

2. Any obscenity crime as defined by M.S. §§ 617.23 through 617.299 inclusive, as they may be amended from time to time, or as defined by any ordinance or statute in conformity therewith; for which:

a. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

b. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or

c. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the conviction is of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

3. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant’s spouse.

(3) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult-oriented business. The license shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that it may be easily read at any time.

(4) The City Council shall act to approve or disapprove the license application within 120 days from the date the application was submitted, provided that the application contains all of the information required by this section. If the application is deficient, the City Council shall act on the application within 120 days from the date that the deficiency has been corrected.

(5) Within 90 days after the decision by the City Council, the applicant may appeal to the District Court by serving a notice upon the Mayor or Clerk/Treasurer of the municipality.

(I) Fees. Fees to obtain a license to operate an adult-oriented business shall be set at $2,500 per year.

(J) Inspection.

(1) An applicant or licensee shall permit health officials, representatives of the Police Department, Fire Department, and Building Inspection Division, to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business, in accordance with § 10.20.

(2) A person who operates an adult-oriented business or his or her agent or employee commits an offense if she or he refuses to permit a lawful inspection of the premises by health officials, representatives of the Police Department, Fire Department, and Building Inspection Division at any time it is occupied or open for business. Refusal to permit inspections may result in the suspension of the license as provided in division (L) below.

(3) The provisions of this section do not apply to areas of an adult motel, which are currently being rented by a customer for use as a permanent or temporary habitation.

(K) Expiration and renewal.

(1) Each license shall expire at the end of the calendar year and may be renewed only by making application as provided in division (G)(1) above. Application for renewal must be made at least 60 days before the expiration date, and when made less that 60 days before the expiration date, the expiration of the license will not be affected.

(2) When the city denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.

(L) Suspension.

(1) The city may suspend a license for a period not to exceed 30 days if it determines that licensee or an employee of a licensee has:

(a) Violated or is not in compliance with any provision of this chapter;

(b) Engaged in the possession, use, sale, or provision of alcoholic beverages while on the adult-oriented business premises;

(d) Knowingly permitted gambling by any person on the adult-oriented business premises; or

(e) Demonstrated inability to operate or manage an adult oriented business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.

(2) A suspension by the city shall be proceeded by written notice to the licensee and a public hearing. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed business premises with the person in charge thereof.

(M) Revocation.

(1) The city may revoke a license if a cause for suspension in division (L) above occurs and the license has been suspended within the preceding 12 months.

(2) The city shall revoke a license if it determines that:

(a) A licensee gave false or misleading information in the material submitted to the city during the application process;

(b) A licensee or an employee has knowingly allowed possession, use, or sale of alcohol or controlled substances on the premises;

(d) A licensee or an employee knowingly operated the adult-oriented business during a period of time when the licensee’s license was suspended;

(e) A licensee has been convicted of an offense, for which the time period required, has not elapsed;

(f) On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime for which a conviction has been obtained, and the person or persons were employees of the adult-oriented business at the time the offenses were committed; or

(g) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, or masturbation to occur in or on the licensed premises.

(3) The fact that a conviction is being appealed shall have no effect on the revocation of the license.

(4) Division (M)(2)(g) above does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.

(5) When the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult-oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under division (M)(2)(e) above, an applicant may not be granted another license until the appropriate number of years required, has elapsed.

(6) A revocation by the city shall be proceeded by written notice to the licensee and a public hearing. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed premises with the person in charge thereof.

(N) Transfer of license. A licensee shall not transfer this license to another, nor shall a licensee operate an adult-oriented business under the authority of a license at any place other than the address designated in the application.

(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999

§ 156.053 BED AND BREAKFAST HOMES.

B&B homes may be allowed by conditional use, subject to the following standards.

(A) The owner shall reside in the B&B and manage the premises.

(B) The establishment shall comply with state and county health and building code requirements.

(D) No cooking or cooking facilities shall be allowed or provided in the guest rooms.

(E) The establishment shall be limited to four guest rooms or a maximum guest capacity of eight.

(F) Each guest shall be limited to staying not more than seven days within any 30-day period.

(G) The owner shall maintain a guest register showing the name, address, motor vehicle license number, and inclusive dates of visits of all guests.

(H) A minimum of one off-street parking space for each guest room and two off-street parking spaces for the resident owner shall be provided, in accordance with parking standards set forth in this chapter.

(I) Signage shall follow regulations in §§ 150.035 through 150.045.

(J) There shall be no external vending machines.

(K) All trash and refuse must be contained, and all refuse receptacles shall be enclosed in opaque fencing at least six feet in height. Screening, in the form of shrubbery, trees, or a fence to a height of at least five feet, may be required along any property line abutting a residential use.

(L) Each property shall maintain an exterior residential appearance and character, meaning an exterior facade that is compatible with the surrounding single-family or duplex houses and is of an appearance that would be found in a structure designed for and occupied by a family as detached single- or two-family residence.

(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999

§ 156.054 WIND ENERGY CONVERSION SYSTEMS.

The location, design, and maintenance of WECS shall be governed as follows.

(A) Applicants requesting a conditional use permit for a WECS shall furnish such scale drawings and information as the city deems necessary. This information shall include, but is not limited to the following: a site plan of the premises involved showing lot lines, the accurate location of all buildings or structures on the premises and on each adjacent lot, and the location of proposed tower and all guy wires, poles or anchors, and a sketch elevation of the premises accurately depicting the proposed tower and its relationship to structures on adjacent lots.

(B) (1) The permitted maximum height of a WECS shall be determined in one of two ways:

(a) A ratio of one to one between the distance from the closest property line to any part of the WECS tower to the height of the tower; or

(b) A maximum of 100 feet in the agriculture and manufacturing districts, and 50 feet in residential and commercial/business districts.

(2) The shortest height of the two above-mentioned methods shall be used in determining maximum height. Height shall be measured from the surrounding grade to the rotor hub or top of the tower, whichever is higher.

(D) No part of the WECS shall be located such that it could potentially affect or come into contact with any telephone, TV, cable, or electrical lines on the same adjacent properties.

(E) All WECS shall be designed to meet the following minimum standards.

(1) The tower and tower footing be engineered to withstand wind and icing loads for this geographic area.

(2) The WECS shall have an automatic braking device capable of halting operation in conditions of imbalance or excessive wind speeds (40 mph or greater).

(3) The WECS shall be designed, constructed, and operated so as to not cause radio and television interference.

(4) The WECS blade design and materials shall be adequate to ensure safe operations in an urban area.

(5) The wind turbine and the tower shall be compatible.

(6) The WECS shall be operated and maintained in a condition which will not exceed the noise level prescribed by State Regulation NPC 1 and 2 Noise Standards, Minn. Administrative Rules Chapter 7030, and any amendments thereto.

(7) The WECS shall be guarded against unauthorized climbing. The first 12 feet of the tower shall be unclimbable by unauthorized person by design or be enclosed by a six foot high, non-climbable fence with a secured access.

(8) The WECS shall be designed and installed to withstand natural lightning strikes.

(9) The WECS electrical equipment and connections shall adhere to all state and local government, as well as power company regulations and standards.

(F) Any WECS not in operation for 12 consecutive months shall be dismantled.

(G) The city shall require liability insurance to be maintained on the WECS by its owner.

(H) In order to ensure adequate wind access, the city does encourage the use of private easements and restrictive covenants as a means to protect wind access.

(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999

§ 156.055 WIRELESS COMMUNICATION FACILITIES.

(A) Purpose. Establish regulations that protect the public health, safety, and general welfare of the community, for the siting, construction, and maintenance of wireless communication towers (WCT) and similar facilities within the city. This does not pertain to amateur radio, or receive only antennas or structures.

(B) Objectives. The regulations of this section are intended to:

(1) Maximize the use of existing approved structures for siting new antennas in order to reduce the number of new towers needed to serve the community;

(2) Provide for the appropriate location and development of antennas and towers within the city;

(3) Minimize adverse visual effects of wireless communication towers through siting standards; and

(4) Utilize standard structural and setback requirements to avoid potential damage to adjacent properties from antenna and tower failure.

(C) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.

ANTENNA. Any device or equipment used for the transmission or reception of electromagnetic waves, which may include omni-directional antenna, directional antenna, or parabolic antenna.

CO-LOCATION. The location of more than one antenna or set of antennas on the same wireless communication tower or structure.

ENGINEER. Any person practicing as a professional engineer shall be duly licensed and certified under the guidelines stipulated in M.S. Chapter 326, as it may be amended from time to time, for their particular field.

FAA. Federal Aviation Administration.

FCC. Federal Communication Commission.

HEIGHT. The distance measured from the ground level at the base of the tower or structure to the highest point on a tower or structure.

TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, such as monopoles and similar structures.

TOWER ACCESSORY STRUCTURE. Any structure located at the base of a tower for housing receiving or transmitting equipment.

WIRELESS COMMUNICATION. Any personal wireless services as defined in the Federal Communications Act of 1996, being 47 U.S.C. §§ 151 et seq., including FCC licensed commercial wireless telecommunications services such as cellular, personal communication services (PCS), paging, and similar services that currently exist or may be developed.

(D) Conditional use. Wireless communication towers and similar facilities are a conditional use within all zoning districts subject to the following performance standards.

(1) Permit required. It shall be unlawful for any person, firm, or corporation to erect, construct, place, replace, or structurally repair any wireless communication tower or adjoining/accessory buildings without first making application to the Zoning Administrator and securing appropriate permit approval. Building permits are not required for adjustment or replacement of the elements of an antenna array affixed to a tower or antenna. All applications shall be accompanied by a coverage/interference and capacity analysis, including a technical evaluation of existing and proposed transmissions indicating all potential interference problems including, but not limited to, residential broadcast reception and public safety communications. All applications must demonstrate compliance with existing FCC, FAA, the State Building Code, and other pertinent regulations. As regulations change, wireless communication operators must demonstrate continued compliance at their expense. All subsequent co-locators must apply for individual building and conditional use permits in conformance to this chapter.

(2) Permitted locations. No wireless communication tower shall be erected in the city unless the applicant demonstrates that the equipment planned for the purpose of the proposed wireless communication cannot be accommodated on the existing or approved tower, building, or structure within a one-mile search radius of the proposed tower due to one or more of the following reasons.

(a) The planned equipment would exceed the structural capacity of the existing or approved structure, as documented by a qualified and licensed professional engineer; and the existing or approved structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

(b) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost.

(c) Existing or approved wireless communication towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

(d) Other unforeseen reasons that make it impossible to locate the planned equipment upon an existing or approved structure.

(E) Design standards. All applications must meet the following minimum requirements.

(1) All towers and antennas shall comply with all FCC and FAA rules and regulations. Wireless communication towers attached to a building or existing structure shall comply with the setbacks of the zoning district and shall not exceed 20 feet in height beyond the top of the primary structure. Free-standing towers shall be set back one foot from any property line or building for each one foot of structural height. Free-standing towers shall not be located in a front yard, nor shall any part of the antenna or tower extend across or over any part of the public right-of-way, street, highway, or sidewalk. The base of any free-standing tower or antenna shall occupy not more than 500 square feet and the top of the tower shall be no larger than the base.

(2) Towers and antennae shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration (FAA).

(3) Towers shall be without the use of wires, cables, beams, or other, the design shall utilize a monopole configuration that is designed to collapse in on itself in the event of structural damage. Design and installation of towers and antennas shall comply with all applicable federal and state standards, including FCC and FAA standards and the current State Building Code, and shall be approved and stamped by a licensed professional structural engineer. The City Council may allow an alternative tower design if it would better blend into the surrounding neighborhood.

(4) Towers shall be designed to allow the future co-location of equipment at varying heights. Tower operators are required to accept co-location of communication equipment if reasonable and necessary and shall not make such co-location economically prohibitive. Towers over 150 feet in height shall be designed for co-location of at least three additional antennas. Towers of 125 feet to less than 150 feet shall be designed for co-location of at least two additional antennas. Towers of 100 feet to less than 125 feet shall be designed for co-location of at least one additional antenna. Subsequent co-locators are subject to the same provisions and procedures as the primary conditional use applicant.

(5) Towers shall not be illuminated by artificial means unless such light is required by federal (FAA) or state regulations; towers may be used to illuminate ball fields, parking lots, or similar areas and for crime preventative measures.

(6) The use of any portion of a tower for signs other than required warning or equipment information is prohibited. All mechanical and utility equipment shall be enclosed in an approved structure or cabinet; all buildings and structures shall meet the minimum performance standards in that zoning district.

(7) The ground level perimeter may be required to be screened with pre-approved landscaping and/or fencing at the operator’s expense. The tower shall be reasonably protected against unauthorized access and vandalism.

(8) All construction, installation, wiring, and maintenance of towers shall not create a safety hazard or damage to the property of others, nor interfere with public safety communications.

(9) Operators shall remove abandoned, unused towers and similar structures within 12 months of the cessation of operations and restore the area to its original condition. Failure to abide by this condition will result in the city removing the structure and assessing costs to the property or operator.

(10) All wireless communication facilities that are in existence as of the date of this chapter may continue to operate, but may not be replaced or structurally altered without complying in all respects to this code. This does not include routine adjustment or replacement of the primary or co-location antennae.

(11) When the property’s use no longer conforms to this chapter, any existing tower shall be removed prior to preliminary plat approval or building permit issuance, whichever occurs first.

(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)

§ 156.056 SHORT-TERM VACATION HOME RENTALS.

(A) Purpose. The purpose is to provide rules governing the issuance of permits and the establishment of operational restrictions for short-term rentals of dwellings within the city. The intent of this chapter is to ensure that the operation of short-term rentals is consistent with existing local, state, or federal laws, statutes, rules, or regulations. For the purposes of this chapter, SHORT-TERM RENTAL means any single-family dwelling or accessory dwelling unit located in a residential or commercial zone that is rented in whole or in part on a short-term basis. A SHORT-TERM BASIS is 30 calendar days or less to the same person. This term does not include bed and breakfasts, motels, hotels, or resort rooms.

(B) Permit required. It is unlawful for any person to advertise, maintain, or operate a short-term rental of a dwelling in the city without a permit required by this chapter. Permits are required for any unit. UNITS are considered any single-family home, apartment, and/or cabin.

(C) Term and scope of permit. A short-term rental permit expires on December 31 of each year. The permit authorizes the permittee to conduct only such services as is described in the permit and in accordance with the terms and conditions of the permit. It is unlawful for a permittee or other responsible person to violate the terms and conditions of the short-term rental permit.

(D) Application and renewal of short-term rentals.

(1) A property owner may apply for a short-term rental permit by filing an application with the Clerk/Treasurer. Applications are subject to limits described in division (F) below. Prior to filing an application with the city, the property owner must first file and receive their license from the county. The application must be on a form approved by the city and may require any information or documentation consistent with the provisions of this chapter. Such application shall include, but not be limited to, the following information:

(a) Name, address, and telephone number of permittee;

(b) Name, address, and 24-hour telephone number(s) of permittee and secondary point of contact, if permittee is not located on-site;

(d) Any supplemental information that the city finds reasonably necessary to determine whether to approve a short-term rental permit.

(2) To renew a short-term rental permit, the permittee shall file an application with the city that complies with this division (D). The application must be submitted no later than 30 calendar days prior to the short-term rental permit expiration date.

(3) Knowingly making a false statement of fact or knowingly omitting any information that is required in an application for a short-term rental permit shall be grounds for denial of a permit.

(E) Permit fee. Every permit application shall be accompanied by a non-refundable short-term rental permit application fee as established by resolution of the City Council, as may be amended from time to time. This application fee shall be in addition to any other license, permit fee, or penalty fee imposed by local, state, or federal laws, statutes, rules, or regulations.

(F) Limitation of number of short-term rentals per property parcel.

(1) While each unit must be permitted, short-term rental limitations will be determined by property parcels. PROPERTY PARCEL means any contiguous quantity of land in the possession of, owned by, or recorded as the property of the same claimant or person.

(2) The number of property parcels will be limited to 3% of the city’s total housing units as recorded by the 2020 census report plus any additional number of units built since the census report.

(3) No more than two property parcels can be owned by one person for use as a short-term rental. Ownership includes anyone with a financial interest in the property.

(4) Although they would still need a permit, not counted in the total number of property parcels will be property owners that are primary residents of the property and it will be rented for less than 30 days in a calendar year. If there are multi-units on the property, all units are combined for the determination of days rented. PRIMARY RESIDENT means the dwelling unit within which a person lives for six months plus a day during a calendar year and the resident is classified as residential homestead in the county property tax system.

(G) Registry required. Every permittee within the city shall keep a register containing the following information for each person who stays at the short-term rental and shall maintain such register for a period of 18 months. The owner or registered agent shall make the list available to city staff and/or law enforcement upon request.

(1) Name;

(2) Address;

(3) Vehicle year, make, model, color;

(4) License plate;

(5) State in which the vehicle is registered;

(6) Date of arrival;

(7) Date of departure;

(8) Number of guests; and

(9) Pets must be on a leash unless yard is fenced in.

(H) Performance standards.

(1) The main rental contact/person renting from the permittee must be a minimum of 21 years of age.

(2) The occupancy limit will be determined through the county application for short-term vacation rentals, but the maximum allowed on any property parcel within the city will be 15 overnight guests even if the county license allows more.

(3) Unregistered guests are allowed on a limited basis and must leave the property by 10:00 p.m. any night of the week.

(4) The total number of guests, registered or unregistered, cannot exceed double the occupancy limit the property is licensed for through the city.

(5) Prior to the issuance of a short-term rental permit, the permittee shall notify all owners of property within 350 feet of the permitted short-term rental involved in the application. This notice shall be in writing and contain the location of the short-term rental the contact information for the permittee and the permittee’s designated secondary contact.

(6) The permittee or designated secondary contact must be able to be on-site and respond to any complaints within 30 minutes of notification, regardless of the time of day.

(7) Permittee shall post the following:

(a) An aerial view of the property, clearly showing the property boundaries, parking areas, shore recreational facilities, garbage receptacles, and the like;

(b) City and county regulations regarding noise, parking, pets, and/or lakes along with the county/city regulations related to parking, number of guests, unregistered guests, and the like;

(d) Local emergency contact information (police, fire, ambulance); and

(e) The county and city permit and license occupancy limits.

(8) Garbage, refuse, or recycling shall be stored completely enclosed within designated containers. The owner or operator of the rental unit shall provide sufficient trash storage containers and services to accommodate the demand of the occupants.

(9) The licensee must provide proof of sufficient and suitable property insurance with the license application and must be able to confirm that the coverage remains in place within 24 hours of a request by the city.

(10) No fireworks.

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

(12) Outdoor signage must follow regulations set forth in §§ 150.35 through 150.45; and

(13) All short-term rentals shall comply with any and all federal, state, and/or local laws, including, without limitation, all zoning requirements.

(I) License non-transferable.

(1) A license is non-transferable and non-refundable.

(2) The discontinuation of an operation by the licensee at the address covered by the license voids the license.

(3) A voided license shall be surrendered to the city immediately by anyone in possession of it.

(4) Change of ownership requires a new application. The city shall be notified in writing within five business days of any change of property owner or rental agent.

(J) Parking. All tenants and guests must comply with city parking regulations, including seasonal on-street and off-street parking regulations along with county regulations for short-term rentals.

(K) Noise standards. For short-term rentals, outdoor amplified sound that can readily be heard by surrounding property owners shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.

(L) Posted notice. Owner shall post within the dwelling unit notice of all use restrictions as set forth in this section.

(M) Disorderly conduct prohibited. Disorderly conduct is prohibited on all permitted premises. It shall be the responsibility of the owner to ensure that all tenants occupying the permitted premises and their guests conduct themselves in such a manner as not to cause the permitted premises to be disorderly. For purposes of this section, DISORDERLY CONDUCT refers to any disorderly conduct violation under state statutes or this code.

(N) Permit revocation. Every short-term rental permit is subject to revocation for violations of this section or any other provision of state statutes or this code.

(O) Violations. Violations of this section shall be reported to the City Clerk/Treasurer and/or Police Department who shall review the violation and provide written notice to the permit holder of the violation and any necessary remedial actions.

(P) Revocation. If a permit holder fails to correct a violation or receives three violations within any 12-month period, the Police Department shall revoke the permit. The City Clerk/Treasurer and/or Police Department shall provide written notice to the owner and any registered agent of the revocation. The notice shall inform the owner and agent of the right to appeal the decision to the City Council.

(Q) Appeal. A permit holder aggrieved by the revocation of a short-term rental permit may appeal to the City Council. Such appeal shall be taken by filing with the City Clerk/Treasurer within ten days after date of issuance of the written revocation notice, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the City Clerk/Treasurer in writing, setting forth the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the permit holder at his or her last known address at least five days prior to the date set for hearing.

(R) Effect of revocation. If a short-term rental permit is revoked, it shall be unlawful for anyone to thereafter allow any new short-term rental occupancies of the dwelling unit until such time as a valid short-term rental permit is issued by the city. No person who has had a permit revoked under this section shall be issued a short-term rental permit for one year from the date of revocation.