Big Lake City Zoning Code

SECTION 1005

GENERAL REQUIREMENTS

§ 1005.01 Accessory Buildings, Structures, and Uses.

Subd. 1. Purpose. The purpose of this subsection is to establish provisions regulating the location, type, and dimensional standards for accessory buildings, structures, and uses.

Subd. 2. Attached Structures. An attached structure/building (including garage units) shall be considered an integral part of the principal building and shall comply in all respects with the requirements of this chapter applicable to the principal building. Attached accessory structures/buildings shall meet all required principal building setbacks of the applicable zoning district.

Subd. 3. Permitted Locations. Detached accessory buildings are permitted in side yards and rear yards. They shall not be located closer than six feet to the principal building unless approved by the Building Official following submittal of plans showing a proposed firewall installation or other mitigation measures.

1. Street and Lake Frontage. Detached accessory buildings shall not be permitted in required or actual (in front of the front building line of the principal structure) front yards except on properties having both street and lake frontage, provided the accessory structure meets the required principal structure setback from the right-of-way. Detached accessory structures may be located in actual side or rear yards, provided the minimum setback outlined in this subsection is provided from the side and rear property lines.

2. Commercial and Industrial Districts. Accessory structures shall not be located in required or actual (in front of the front building line of the principal structure) front yards without approval of a conditional use permit. Accessory structures may not exceed the size of the principal structure, except for in the I-3 Innovation Industrial Zoning District.

Subd. 4. Prohibited Locations. Except as may be specifically provided, no accessory use, building, structure, or equipment shall be located in any required or actual (in front of the front building line of the principal structure) front yard, within a drainage and utility easement unless approved by the Zoning Administrator and Public Works Department, or below the ordinary high water mark of a public water or wetland.

Subd. 5. Dimensional Limits. Attached and detached accessory buildings are subject to the dimensional limits set forth as follows or as specified under the specific zoning district.

Table 24
	A	R-1	R-2	R-3	R-4	R-5
Accessory building total combined area:	1,200 sq. ft	1,200 sq. ft.	1,200 sq. ft.	10% of Lot Area	10% of Lot Area	1,200 sq. ft.
Max height attached garage:	17' or house height	17' or house height	17' or house height	17' or house height	17' or house height	17' or house height
Max height detached garage / structure (to peak):	24'	24'	24'	24'	24'	24'
Max side wall height of detached accessory structure:	12'	12'	12'	12'	12'	12'
Max size attached garage:	Shall not exceed footprint of home	Shall not exceed footprint of home	Shall not exceed footprint of home			Shall not exceed footprint of home
Rear yard setback detached accessory structure:	5'	5'	5'	10'	5'	5'
Side yard setback detached accessory structure:	5'	5'	5'	10'	5'	5'
Total # detached accessory buildings per lot:	2	2	2	2	1	2

1. Within the A, R-1, R-2, and R-5 Zoning Districts, the maximum area of all accessory buildings (except for attached garages) shall be limited to a combined total area of 1,200 square feet. Properties that have a dwelling without an attached garage shall be limited to a total combined area of 1,800 square feet of detached accessory buildings.

2. Detached accessory buildings shall have not more than a 12:12 roof pitch. Detached accessory buildings that are larger than 200 square feet shall have not less than a four-to-12 roof pitch.

3. Detached accessory buildings shall be reviewed by the Zoning Administrator and/or the Building Official and must receive an administrative permit before they are constructed or moved onto property. The Zoning Administrator or designee shall review the site plan and construction drawings to determine compliance with this subsection and other applicable ordinances, laws, and regulations.

4. In commercial and industrial districts, accessory buildings and trash enclosures shall be of similar type, quality, and appearance as the principal structure. Said structures shall not exceed 17 feet in height unless expressly permitted elsewhere in the Code and shall be setback a minimum of 20 feet from side and rear property lines, except that side and rear yard setback requirements may be reduced to ten feet for accessory structures and uses on lots that do not abut residentially zoned or used property.

Subd. 6. Time of Construction. No accessory building shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

Subd. 7. Building Materials. All accessory buildings must be constructed of materials deemed sufficiently durable for residential construction, subject to the discretion of the Building Official.

1. Metal corrugated siding or permanent sheet metal shall hereby be prohibited in all zoning districts.

2. Canvas, fabric, or plastic sheet covered structures and accessory buildings are prohibited in all residential zoning districts with the following exceptions.

a. Permanent and semi-permanent screen tents and fabric-covered gazebos are permitted for recreational use, but not for storage, provided that they are located upon an approved deck or patio and are kept in good repair.

b. Transparent screen tents, designed to protect against insects, are permitted to be located directly on the grass from March to October, provided that they observe the correct accessory structure setbacks and are used for recreational purposes and not for storage.

3. Carports are permitted in any zoning district. They must be constructed as a permanent structure and be covered with the same fascia and soffit materials as the rest of the structure.

4. Temporary tent structures of any size will be allowed for, but not limited to, family gatherings, weddings, and special occasions/events. Temporary accessory structures shall not be erected for more than four consecutive days and shall not be erected again for a period of three days thereafter. Use of a temporary tent structure beyond these parameters will require a temporary use permit. Temporary tent structures shall comply with the required minimum setbacks and shall be anchored to the ground in compliance with all applicable Building Codes.

5. All accessory buildings larger than 200 square feet shall be constructed with a design and exterior materials that architecturally match the principal structure on the lot.

Subd. 8. Mailbox. Any person installing or replacing a mailbox and post shall place the mailbox at a vertical height between 45 and 48 inches above the street level to the bottom edge of the mailbox, and at a horizontal length of 36 inches from the curb or edge of the road to the vertical post.

§ 1005.02 Antennas.

Subd. 1. Purpose. The purpose of this subsection is to establish predictable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communicating systems within the city while protecting the public against any adverse impacts on the city’s aesthetic resources and the public welfare. The provisions of this subsection are intended to maximize the use of existing towers, structures, and buildings to accommodate new wireless telecommunication antennas in order to minimize the number of towers needed to serve the community or area.

Subd. 2. General Standards. The following standards shall apply to all personal wireless service, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish, and short-wave radio transmitting and receiving antenna.

1. All obsolete and unused antenna shall be removed within 12 months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator.

2. All antennas shall be in compliance with all City Building and Electrical Code requirements and as applicable shall require related permits.

3. Structural design, mounting, and installation of the antenna shall be in compliance with manufacturer’s specifications and, as may be necessary, as determined by the Zoning Administrator, shall be verified and approved by a structural engineer.

4. When applicable, written authorization for antenna installation shall be provided by the property owner.

5. No advertising message shall be affixed to the antenna structure.

6. The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by an electrical engineer or other appropriate professional.

7. Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public’s health and safety.

8. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses.

9. If a new tower is to be constructed, it shall be designed structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least one additional user, including, but not limited to, other cellular communication companies, local police, fire and ambulance companies. Towers shall be designed to allow for future re-arrangement of antennas upon the tower and to accept antennas mounted at varying heights.

10. Antenna support structures under 200 feet in height shall be painted a non-contrasting color consistent with the surrounding area, such as blue, gray, or brown to reduce visual impact.

11. Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service are exempt from items 3, 6, and 9 above, and must comply with item 12 below.

12. Amateur radio towers must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer’s specifications.

Subd. 3. Tower Design. Wireless communication towers shall be of a monopole design unless the City Council determines that an alternative design requested by the applicant would better blend into the surrounding environment. This provision does not apply to amateur radio towers or commercial and public radio or television towers.

Subd. 4. Co-Location Requirement. A proposal for a new tower shall not be approved unless the Zoning Administrator finds that the antennas cannot be accommodated on an existing or approved tower, building, or structure within a one mile search radius (one-half mile search radius for towers under 100 feet in height) of the proposed tower due to one or more of the following reasons.

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

2. 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 engineer and interference cannot be prevented at a reasonable cost.

3. Existing or approved towers, buildings, or structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified engineer.

4. Other unforeseen reasons that make it unfeasible to locate the antennas upon an existing or approved tower or structure.

5. Existing or approved towers, buildings, or other structures do not exist in the service area, or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs of the users.

6. The applicant shall demonstrate that a good faith effort to co-locate on existing towers or structures was made, but an agreement could not be reached.

Subd. 5. Accessory Antennas. The following standards shall apply to all accessory use antennas, including radio and television receiving antennas, satellite dishes, TVRO’s, three and one-half meters or less in diameter, short-wave dispatching antennas, and/or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers. amateur short-wave radio transmitting and receiving antennas. Antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts, provided they meet the following conditions.

1. Height. A ground-mounted accessory antenna shall not exceed 20 feet in height from ground level.

2. Yards. Accessory antennas shall not be located within public or private utility and drainage easements. Accessory antennas shall not be located within the required front yard or side yard, except for wall-mounted antennas less than 24 inches in dimension, wall-mounted to a principal building, and the setback encroachment does not exceed two feet.

3. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises.

4. Setbacks. The height of the accessory antenna attached to an antenna support structure may exceed five feet above the peak of the roof only by conditional use permit. Accessory antennas shall not be located within five feet of any lot lines of adjoining lots or within a drainage or utility easement.

5. More Than One. The installation of more than one support structure per property shall require the approval of a conditional use permit.

6. Building Permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan, and structural components data for the accessory antenna, including details of anchoring. The Building Official must approve the plans before installation.

7. Lightning Protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city.

8. Electrical Code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city.

9. Color/Content. Accessory antennas shall be of a neutral color and any lettering or scenes contained on said device qualifying it as a sign shall be subject to the City Sign Code.

Subd. 6. Personal Wireless Service Antennas.

1. Agricultural and Residential District Standards.

a. Antennas Located upon a Public Structure or Existing Tower. Personal wireless service antenna located upon a public structure or co-located on an existing tower shall require administrative approval and shall comply with the following standards.

i. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a certified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless system and to provide adequate portable personal wireless service coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

ii. Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

iii. A building permit is issued in compliance with subsection 1002.03.

b. Antennas Not Located upon a Public Structure or Existing Tower. Personal wireless service antenna not located upon a public structure or co-located upon an existing tower shall require the processing of a conditional use permit and shall comply with the following standards.

i. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a certified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

ii. If no existing, non-residential structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a monopole tower provided that:

(a) The pole shall not exceed 75 feet in height; and

(b) The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

iii. Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

iv. At the discretion of the city, a security fence not greater than eight feet in height with a maximum capacity opacity of 50% shall be provided around the support structure.

v. The conditional use permit provisions of subsection 1002.08 are considered and determined to be satisfied.

2. Business District Standards.

a. Antennas Located Upon a Public Structure or Existing Tower. Personal wireless service antenna located upon a public structure or co-located on an existing tower shall require administrative approval and shall comply with the following standards.

i. Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

ii. Antennas mounted on public structures shall not extend more than 15 feet above the structural height of the structure to which they are attached.

iii. Building-mounted antennas shall not exceed more than 15 feet above the roof, and shall be set back at least five feet from the roof edge.

iv. Wall- or facade-mounted antennas may not extend more than five feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.

v. A building permit is issued in compliance with the provisions of subsection 1002.03.

b. Antennas Not Located Upon a Public Structure or Existing Tower. Personal wireless service antennas not located upon a public structure or co-located upon an existing tower shall require the processing of a conditional use permit and shall comply with the following standards.

i. The applicant shall demonstrate, by providing a coverage/interference analysis and capacity analysis prepared by a certified engineer, that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

ii. If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a monopole tower, provided that:

(a) The pole shall not exceed 75 feet in height; and

iv. At the discretion of the city, a security fence not greater than eight feet in height with a maximum opacity of 50% shall be provided around the support structure.

v. The conditional use permit provisions of subsection 1002.08 are considered and determined to be satisfied.

3. Industrial District Standards.

a. Antennas Located Upon a Public Structure or Existing Tower. Personal wireless service antennas located upon a public structure or co-located on an existing tower structure shall require administrative approval and shall comply with the following standards.

i. Building-mounted antennas shall not exceed more than 15 feet above the roof, and shall be set back at least five feet from the roof edge.

ii. Wall- or facade-mounted antennas may not extend more than five feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.

iii. A building permit may be issued in compliance with the provisions of subsection 1002.03.

b. Antennas Not Located Upon a Public Structure or Existing Tower. Personal wireless service antennas not located upon a public structure or co-located upon an existing tower shall require administrative approval and shall comply with the following standards.

i. If no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a monopole tower not exceeding 150 feet in height. The tower shall be located on a parcel having a dimension equal to the height of the tower measured between the base of the tower located nearest the property line and said property line, unless a structural engineer specifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances.

ii. A building permit is issued in compliance with the provisions of subsection 1002.03.

c. Temporary Mobile Towers. Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is constructed shall require administrative approval and shall comply with the following standards.

i. Temporary mobile towers are exempt from co-location and permanent tower structure design standards contained in Subd. 3 and Subd. 4 above.

ii. The termination date of the permit shall not exceed 120 days. Temporary mobile towers located on a site longer than 120 days shall require administrative approval.

iii. Guyed towers are prohibited.

iv. Mobile units shall have a minimum tower design wind load of 80 mph, or be set back from all structures a distance equal to the height of the tower.

v. All towers shall be protected against unauthorized climbing.

vi. The height of the tower shall not exceed 90 feet.

Subd. 7. Satellite Dishes.

1. Agricultural District and Residential District Standards. Single satellite dish TVROs greater than two meters in diameter may be allowed as a conditional use within the Agricultural District and residential zoning districts of the city and shall comply with the following standards.

a. All accessory use provisions of subsection 1005.01 are satisfactorily met.

b. The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction-free receive window can be maintained within the limits of the property ownership.

c. Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.

d. The satellite dish antenna is not greater than three and one-half meters in diameter.

e. The conditional use permit provisions of subsection 1002.08 are considered and determined to be satisfied.

2. Business District Standards. Satellite dish antennas within the business zoning districts of the city shall be limited to those listed as permitted accessory uses in the applicable zoning district subject to the provisions of subsection 1005.01.

3. Industrial District Standards. Commercial, private, and public satellite dish transmitting or receiving antennas in excess of three and one-half meters may be allowed as a conditional use within industrial districts of the city and shall comply with the following standards.

a. All accessory use provisions of subsection 1005.01 are satisfactorily met.

b. The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free transmit-receive window or windows can be maintained within the limits of the property ownership.

c. Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering, and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window.

d. The conditional use permit provisions of subsection 1002.08 are considered and determined to be satisfied.

Subd. 8. Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards.

1. Such antenna shall be considered an allowed conditional use within the I-1 and I-2 Districts of the city and shall be subject to the regulations and requirements of subsection 1002.08.

2. The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a registered structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances.

3. Unless the antenna is mounted on an existing structure, at the discretion of the city, a fence not greater than eight feet in height with a maximum opacity of 50% shall be provided around the support structure and other equipment.

Subd. 9. Telecommunications Rights-of-Way Users. The purpose of this subsection is to establish predictable and balanced regulations for the siting and placement of telecommunication facilities, including wireless equipment within public rights-of-way under the jurisdiction of the city. The city holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. The uncontrolled and unregulated placement of telecommunication equipment in the right-of-way may cause obstruction to pedestrian and vehicular traffic; thereby endangering the public health and safety. This subsection establishes the minimum requirements for locating telecommunication facilities within the city’s public rights-of-way in a manner that does not jeopardize the public health, safety, and general welfare.

1. Administrative Permit Required. The placement of any telecommunication equipment in the public right-of-way shall require an administrative permit subject to the provisions of subsection 1002.05 and shall be processed according to the following.

a. Prior to the installation of any telecommunication equipment, the owner of such service shall file with the city, maps, site plans, and other pertinent information as deemed necessary by the Zoning Administrator for review of the proposed project.

b. All wireless communication poles, antennas, radio receivers, and transmitters shall comply with the following standards.

i. Antennas and radio transmitter and receiver devices shall be permitted on all electrical transmission towers, and on utility and light poles that do not exceed 60 feet in height.

ii. The replacement or extension of a utility or light pole shall be permitted provided the pole or extension does not exceed 60 feet in height.

iii. Antennas and radio transmitter and receiver devices shall not extend horizontally more than 24 inches from the pole.

iv. An application to locate wireless antennas and equipment in the right-of-way shall not be approved unless the applicant demonstrates that the antennas cannot be accommodated on an existing tower, building, or structure located outside of a public right-of-way within a one-half mile search radius.

v. Wireless antennas and equipment located in the right-of-way abutting residentially zoned property shall be prohibited, unless the applicant demonstrates by providing a coverage or capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the wireless system and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antennas in the right-of-way abutting a less restrictive zoning district.

vi. Radio transmitters and receivers attached to an existing utility pole or light standard shall be exempt from this subsection, provided the following conditions are met.

(a) Transmitter and receiver devices do not exceed two cubic feet.

(b) Transmitter and receiver devices do not exceed more than 18 inches from the pole or any existing attachments to the pole.

(d) There is not ground-mounted equipment or structures.

vii. All ground-mounted accessory equipment shall be set back at least 50 feet from the nearest principal residential structure.

viii. All ground-mounted equipment shall not exceed five feet in height or 20 square feet in size, and shall be located as far as possible, but at least five feet from the road surface.

ix. In addition to receiving the necessary permits and approvals, the city may require the applicant to enter into an encroachment agreement.

c. Upon determining compliance with the provisions of the City Code and Comprehensive Plan, the City Engineer shall issue an administrative permit for the installation and operation of any structure or equipment.

d. The City Engineer may deny a permit or attach conditions to the permit approval to protect the public health, safety, and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The City Engineer may consider one or more of the following factors:

i. The extent to which right-of-way space where the permit is sought is available;

ii. The competing demands for the particular space in the right-of-way;

iii. The availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit application;

iv. The preservation of the right-of-way for uses that, due to their physical nature, do not have the option of locating on private property; and

v. The applicability of ordinances or other regulations of the right-of-way that affect location of equipment in the right-of-way.

e. The decision to either grant or deny a permit may be appealed to the City Council within ten days after the Zoning Administrator’s written decision. The appeal shall be processed under the rules set forth in subsection 1002.13

f. The permittee shall notify the City Engineer upon completion of the work specified in the permit.

Subd. 10. Additional Submittal Requirement. In addition to the information required elsewhere in this Section, development applications for towers, excluding amateur radio towers, shall include the following supplemental information:

1. A letter of intent committing the tower owner and their successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use; and

2. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities when they are abandoned, unused, or become hazardous shall be submitted to the city.

§ 1005.03 Building Relocation.

Subd. 1. Residential Structures. Residential structures may be moved into, within, or out of the city limits, provided that any relocated residential buildings comply with all ordinances of the city, including ordinances relating to architectural design and materials.

Subd. 2. Process.

1. Prior to a structure being moved into, within, or out of the city limits, the owner shall obtain a building permit and said permit shall be filed with the city in conjunction with a performance security in an amount to be determined annually by the City Council.

2. Structures in transit may be transported through the city, provided that required permits are obtained prior to transportation of the residential building or structure through the city. Residential buildings or structures shall be moved between the hours of 1:00 a.m. and 5:00 a.m., and the route shall be approved by the City Engineer and Chief of Police.

Subd. 3. Performance Standards.

1. Upon relocation, the structure shall comply with the applicable requirements of the State Building Code and this chapter.

2. A certificate of occupancy must be obtained from the city within 16 weeks of the date a residential structure is moved into or within the city limits; provided, however, that the City Building Official may extend the 16-week period if compliance with said requirement would result in unnecessary hardship and such hardship is the result if inclement weather or other unforeseen circumstances. If a certificate of occupancy is not obtained within 16 weeks, or by the end of any extended period, the city, in its sole discretion, may draw down on the performance security and take whatever steps it may deem necessary to bring said relocated residential building into compliance with all ordinances of the city. In the event the city draws on the performance standards in order to bring a relocated residential building into compliance, a percentage of the total security shall be paid to the city as its administrative fee.

3. The site of any residential building or other structure that is moved out of the city limits must be backfilled to match existing grades with suitable materials. The site shall be planted and reclaimed simultaneously with the move of the structure. If the site is not backfilled, planted, and reclaimed within one week of the date a residential building or other structure is moved out of the city limits, the city, in its sole discretion, may draw down on the letter of credit in order to backfill, plant, and reclaim the site. In the event the city draws on the performance security in order to backfill, plant and/or reclaim a site, a percentage of the total security shall be paid to the city as its administrative fee.

Subd. 4. Performance Security. A performance security shall be provided to the city as specified in subsection 1006.06 .

§ 1005.04 Essential Services.

Subd. 1. Purpose. The purpose of this subsection is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines, substations, and accessories therewith in such a manner that the health, safety, and welfare of the city will not be adversely affected. Essential services shall also be installed in recognition of existing and projected demands for such services.

Subd. 2. Application. This subsection shall not apply to radio and wireless communication systems and facilities. Regulation of these uses and activities are governed by subsection 1005.03.

Subd. 3. Administrative Permit Required.

1. All essential services such as, but not limited to, cable TV or internet services, and telephone lines, pipelines, and structures for local distribution, underground electric transmission lines and overhead electric transmission lines and substations less than 35 KV, shall require an administrative permit approved by the Zoning Administrator. Approval shall be based upon the information furnished in the following procedural requirements.

a. Prior to the installation of any of the essential services defined above, the owner of such service shall file with the City Engineer, all maps and other pertinent information as deemed necessary by the City Engineer for review of the proposed project.

b. The City Engineer shall document in writing the findings as to the compliance of the proposed project with the Comprehensive Plan and City Code provisions.

c. In considering applications for the placement of essential services, as regulated in this subsection, the City Engineer shall consider the effect of the proposed project upon the health, safety, and general welfare of the city, as existing and as anticipated, and the effect of the proposed project upon the Comprehensive Plan. Additionally, radio transmitters and receivers accessory to an essential service may be located on existing utility poles or light standards within public right-of-way provided the radio transmitters and receivers comply with the following standards.

i. Radio transmitters and receivers located on a utility pole/tower or light standard shall be at least 15 feet above grade.

ii. Radio transmitter and receiver devices shall not exceed 18 inches in length or width, or extend more than 18 inches from the pole. Antennas may not extend more than 24 inches from the equipment.

iii. The applicant shall submit a map prior to issuance of a permit showing the location of all proposed radio transmitters and receivers. The map shall be accompanied by a list of all sites referenced by the closest street address or property identification number. The list of sites must also describe the type of pole to be used.

iv. The applicant shall notify the city of any changes to the approved list prior to erecting or placing any additional equipment in the right-of-way.

v. The applicant shall notify the city, at the time of permit application, of any obstructions that would cause traffic to be re-routed or stopped.

vi. In addition to receiving the necessary permits and approvals, the city may require the applicant to enter into an encroachment agreement.

d. Upon approval of the City Engineer, a permit for the installation and operation of the applicant’s essential services shall be issued. If the Engineer denies the permit, the applicant may appeal said decision to the Board of Appeals and Adjustments under the rules and procedures set forth in subsection 1002.13.

e. The City Engineer may deny a permit or attach conditions to the permit approval to protect the public health, safety, and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The City Engineer may consider one or more of the following factors:

i. The extent to which right-of-way space where the permit is sought is available;

ii. The competing demands for the particular space in the right-of-way;

iii. The availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit applicant; and

iv. The applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right-of-way.

f. The permittee shall notify the City Engineer upon completion of the work specified in the permit.

Subd. 4. Conditional Use Permit Required. The following require a conditional use permit based upon procedures set forth in and regulated by subsection 1002.08. Additionally, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 1006.07.

1. All transmission pipelines (i.e., pipelines not required for the city local distribution network), and overhead and underground transmission and substation lines in excess of 35 KV and up to 200 KV.

2. All poles and towers used exclusively for the placement of radio receivers and transmitters. In addition to the conditional use permit standards and criteria, poles and towers shall comply with the standards for personal wireless service antennas set forth in subsection 1005.02.

Subd. 5. Performance Standards. Essential services shall be subject to the following.

1. All distribution lines shall be underground.

2. Outdoor storage of materials or equipment shall be prohibited.

3. All poles and similar type structures shall be placed in the public right-of- way or utility easement unless approved as an interim use permit subject to subsection 1002.09.

4. All facilities shall be landscaped and screened to the extent practical and applicable pursuant to subsection 1006.06.

5. The size and number of accessory buildings are to be minimized to the extent possible and are to house only equipment directly related of the operation of the facility in question.

6. The architectural appearance of all structures and buildings shall be in harmony with the primary uses within the vicinity of the site.

§ 1005.05 Grading, Filling, and Excavating.

Subd. 1. Permit Required.

1. Except for city land grading, filling, and excavating operations, and in cases where a grading and drainage plan for a private development has been approved as part of a subdivision or other development plan approved by the city, or as may be otherwise stipulated by this chapter, any person who proposes to add landfill or extract sand, gravel, black dirt, or other natural material from the land or grade land shall apply for a permit as specified below.

Table 25
Cubic Yards of Landfill or Land to be Excavated/Graded	Permit Requirement
1 to 50 cubic yards	MPCA storm water permit / no city permit
50 - 250 cubic yards	MPCA storm water permit and administrative permit as provided in subsection 1002.05
Greater than 250 cubic yards	MPCA storm water permit and interim use permit as provided in subsection 1002.09

2. Notwithstanding the requirements of this subsection, no permit will be required for depositing landfill or excavation/grading on a lot for which a building permit has been issued for construction thereon provided that there is compliance with this subsection, and such activity is in accordance with an approved grading plan and/or building permit.

3. Excavations for agricultural purposes and gardening are exempt from the requirements of this subsection.

4. Activities which qualify as mining operations shall be subject to this subsection.

5. Except for mining activities, land filling and land excavation/grading operations are an allowable activity within all zoning districts.

Subd. 2. Required Information. Any person desiring a permit hereunder shall file an application on such forms as shall be provided by the Zoning Administrator. Such application shall be accompanied by a fee as set forth by City Council resolution and a copy of detailed written and graphic materials fully explaining the proposed land filling or land excavation operation. The number of copies of said maps and materials shall be determined by the Zoning Administrator. The scale of such materials shall be the minimum necessary to ensure legibility. The request shall be considered as being officially submitted and complete when the applicant has submitted and complied with all the required information as identified on the city’s permit, as applicable and specified by the Zoning Administrator.

Subd. 3. Technical Reports. The Zoning Administrator shall immediately, upon receipt of a completed application, as determined by preliminary staff review, forward a copy thereof to the City Engineer and the City Building Official. Where protected watersheds, floodplains, and/or protected wetlands are in question, the State Department of Natural Resources, Army Corps of Engineers, and County Soil and Water Conservation District shall also be contacted. These technical advisors shall be requested to prepare reports, as applicable, for the City Council and/or Zoning Administrator.

Subd. 4. Issuance of Permit. Upon receiving information and reports from the city staff and other applicable agencies, as applicable, a public hearing shall be scheduled before the Planning Commission which shall forward a commendation to the City Council. The City Council shall take formal action on the application and as to whether, and when, and under what conditions such permit for a landfill or excavation/grading activity is to be issued to the applicant.

Subd. 5. Conditions of Permit.

1. Landfill Operations.

a. Under no circumstances shall any landfill operation be conducted or permitted if the contents of the landfill or any part thereof shall consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage, or similar septic or biologically dangerous material deemed to be unsuitable by the city.

b. Unless expressly extended by permit, the hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday.

2. Land Excavation/Grading Operations.

a. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.

b. The city, as a prerequisite to the granting of a permit, or after a permit has been granted, may require the applicant to whom such permit is issued, or the owner or user of the property on which the excavation/grading is located to:

i. Properly fence the excavation;

ii. Slope the banks, and otherwise properly guard to keep the excavation in such condition as not to be dangerous from caving or sliding banks;

iii. Properly drain, fill in, or level the excavation, after the extraction has been completed so as to render it usable, seeding where required to avoid erosion and an unsightly mark on the landscape and to make the same safe as the city shall require;

iv. Keep the excavation/grading within the limits for which the particular permit is granted;

v. Remove excavated/graded material from the excavation, away from the premises upon and along such highways, streets or other public ways as the city shall order and direct; and

vi. Retain and store top soil from the site in question and to utilize such materials in the restoration of the site.

c. Unless expressly extended by permit, the hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday.

Subd. 6. Security. The city shall require either the applicant or the owner or user of the property on which the landfill or excavation/grading is occurring to post a security in such form and sum as determined by the City Attorney or City Council. The amount of the security shall be sufficient to cover the city’s extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel in transporting fill or excavated material. The amount of the security shall also be sufficient to ensure compliance with all requirements of this subsection, and the particular permit, and to pay the expense the city may incur as a result of the permit.

Subd. 7. Failure to Comply. The city may, for failure of any person to comply with any requirement made of them in writing under the provisions of such permit, as promptly as same can reasonably be done, proceed to cause said requirement to be complied with, and the cost of such work shall be certified as an assessment against the property whereon the landfill or excavation/grading operation is located, or the city may, at its option, proceed to collect such costs by an action against the person to whom such permit has been issued, and their superiors if a bond exists. In the event that landfilling or excavation/grading operations requiring a permit are commenced prior to city review and approval, the city may require work stopped and all necessary applications filed and processed. In such cases, application fees shall be double the normal charge.

Subd. 8. Completion of Operation.

1. All landfill and excavation/grading operations shall be completed within 180 days of the issuance of the permit. Upon completion, the permit holder shall notify the Zoning Administrator in writing of the date of completion. If additional time beyond the 180 days is needed for completion, the permit holder may apply to the Zoning Administrator and, upon a satisfactory showing of need, the Zoning Administrator may grant an extension of time. If such extension is granted, it shall be for a definite period. Extensions shall not be granted in cases where the permit holder fails to show that good faith efforts were made to complete the landfill or excavation/grading operation within 180 days and that failure to complete the operation was due to circumstances beyond the permit holder’s control, such as shortage of fill or excavated material, teamster’s strike, unusually inclement weather, illness, or other such valid and reasonable excuse for non-completion. In the event a request for an extension is denied, the permit holder shall be allowed a reasonable time to comply with other provisions of this subsection relating to grading, leveling, and seeding or sodding. What constitutes such “reasonable time” shall be determined by the Zoning Administrator after inspecting the premises.

2. At the completion of a landfill or excavation/grading operation, the premises shall be graded, leveled, and seeded or sodded with grass. The grade shall be such elevation with reference to any abutting street or public way as the city shall prescribe in the permit. The site shall also conform to such prerequisites as the city may determine with reference to storm water drainage runoff and storm water passage or flowage so that the landfill or excavation cannot become a source of, or an aggravation to, storm water drainage conditions in the area. The Zoning Administrator shall inspect the project following completion to determine if the applicant has complied with the conditions required thereof. Failure of such compliance shall result in the withholding of any building permits for the site, and notice of such withholding shall be filed in the office of the County Recorder for the purposes of putting subsequent purchasers on notice.

Subd. 9. Operations in Process. All landfill and excavation/grading operations for which a permit has previously been issued shall terminate such operations on the date specified by the permit.

Subd. 10. Erosion and Drainage.

1. Every applicant for a building permit, subdivision approval, or a grading permit to allow land disturbing activities shall adhere to erosion control measure standards and specifications contained in the Metropolitan Council Publication Minnesota Urban Small Sites Best Management Practices (BMP) Manual, as may be amended, or as approved by the City Engineer.

2. No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area, or other public facilities subject to the review and approval of the City Engineer.

3. All residential, commercial, industrial, and institutional developments shall satisfy the provisions of the city’s subdivision ordinance in regard to storm water management.

4. In the case of all single-family lots, multiple-family lots, business, industrial, and institutional developments, the drainage and erosion control plans shall be subject to the City Engineer’s written approval. No modification in grade and drainage flow through fill, cuts, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the City Engineer.

5. Proposed erosion control measures may be approved by the City Engineer as part of grading plan review. Erosion control may be specified by the City Engineer as part of a site survey for individual building permits. Erosion control measures may also be specified by the City Engineer as needed and deemed appropriate during the construction and post-construction periods separate from the above.

6. All storm sewer inlets which are functioning during construction shall be protected so that sediment laden water does not enter the conveyance system without first being filtered or otherwise treated to remove sediment.

7. All on-site storm water conveyance channels shall be designed and constructed to withstand the design volume of storm water with appropriate stabilization to prevent scour and erosion. Erosion controls must be provided at the outlets of all storm sewer pipes.

8. All temporary and permanent erosion and sediment control practices shall be maintained and repaired to assure the continued performance of their intended function.

9. The developer or the developer’s designated representative shall be responsible for inspection and maintenance until such time as the final improvements are approved by the City Engineer. The developer or the developer’s designated representative shall maintain inspection records which include the minimum following information:

a. Date and time of inspection;

b. Name of person performing inspection;

c. Rainfall amounts;

d. Deficiencies and maintenance needs identified during the inspection;

e. Proposed corrective actions; and

f. Date of completion of corrective action.

10. Each site shall have graveled roads, access drives, and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday.

11. All disturbed ground left inactive for seven or more days shall be stabilized by seeding or sodding or by mulching or covering or other equivalent control measure approved by the City Engineer.

12. One or more temporary or permanent sedimentation basins shall be constructed if:

a. More than ten acres are disturbed and drained to a single point of discharge temporary sediment basins must be installed;

b. More than five acres are disturbed and drain to a special and/or impaired water temporary sediment basin requirements described must be installed; and/or

c. The site has sensitive features as determined by the Public Works Director or designee or the potential of off-site impacts, then temporary sediment basins must be installed to protect the resource.

13. Each temporary sedimentation basin shall meet the following minimum criteria.

a. The basins must provide live storage for a calculated volume of runoff from a two-year, 24-hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1,800 cubic feet of live storage from each acre drained to the basin; or where the calculation has not been done, providing 3,600 cubic feet of live storage per acre drained to the basin shall be provided for the entire drainage area of the temporary basin.

b. Temporary basin outlets must be designed to prevent short- circuiting and the discharge of floating debris.

c. The basin must be designed with the ability to allow complete basin drawdown for maintenance activities, and must include a stabilized emergency overflow to prevent failure of pond integrity.

d. The outlet structure must be designed to withdraw water from the surface in order to minimize the discharge of pollutants, except that the use of a surface withdrawal mechanism for discharge of the basin may be temporarily suspended during frozen conditions.

e. Energy dissipation must be provided for the basin outlet.

f. Sediment basins must be situated outside of surface waters and any buffer zones, and must be designed to avoid draining water from wetlands unless a current and valid permit for wetland impact has been obtained in advance.

g. The temporary basins must be constructed and made operational prior to disturbance of ten acres, or five acres if discharging to a special and/or impaired.

h. When site restrictions do not allow for a temporary sediment basin, equivalent measures such as smaller basins, check dams, and vegetated buffer strips can be included.

i. Each sedimentation basin shall have at least one meter of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of one meter. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.

14. For sites not required to install temporary sediment basins, silt fences, or equivalent control measures shall be placed along all side slope and down slope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences or equivalent control measures must include a maintenance and inspection schedule.

15. All temporary erosion control devices, including silt fence, gravel, hay bales or other measures shall be removed from the construction site by the applicant and properly disposed of or recycled. This removal and disposal must occur within 30 days of the establishment of permanent vegetative cover on the disturbed area.

16. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels of a wetland. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. State Department of Natural Resources regulations regarding appropriate permits shall also be strictly adhered to.

17. All waste and unused building materials (including garbage, debris, cleaning wastes, waste water, toxic materials, or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system.

18. Unless approved by the City Engineer, the top of the foundation and garage floor of all structures shall be at least 18 inches above the grade of the crown of the street.

19. No soil or dirt piles containing more than ten cubic yards of material shall be located with a down-slope drainage length of less than 25 feet from the toe of the pile to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching, vegetative cover, tarps, or other means. Erosion from piles that will be in existence for less than seven days shall be controlled by placing silt fence barriers or other erosion control measures as approved by the City Engineer around the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control if exposed for more than seven days, and the storm drain inlets must be protected with appropriate filtering barriers.

20. The applicant shall give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales, and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. The development shall minimize impact to significant natural features. Review the site for steep slopes, wetlands, wooded areas of significance, rare and endangered species habitat, greenways, or parks and open space. These areas should not be developed.

21. The city’s Building Official or City Engineer may issue stop work orders for any violation of this chapter.

§ 1005.06 Model Homes/Temporary Real Estate Offices.

Subd. 1. Purpose. The purpose of this subsection is to provide for the erection of model homes and temporary real estate offices in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance. As model homes represent a unique temporary commercial use, special consideration must be given to the peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their surrounding environment.

Subd. 2. Procedure. The erection of a model home(s) and temporary real estate office(s) shall require a temporary use permit.

Subd. 3. Special Requirements.

1. Model homes and temporary real estate offices shall be allowed as provided for in the applicable zoning district in which they are located.

2. Model homes and temporary real estate offices shall be located near the front of the project site for ease of access and visibility from public streets.

3. Paved (asphalt) temporary parking facilities equal to four spaces per model home dwelling unit or temporary real estate office shall be provided. The overall design and drainage of the temporary parking facility shall be subject to the approval of the City Engineer.

4. Model homes and temporary real estate offices shall not be issued a temporary occupancy permit until such time as the first asphalt lift is installed on streets that will be used to access the facility.

5. Access from a temporary parking facility onto a local, residential street shall be minimized. Where this requirement is physically impractical, access shall be directed away from residential neighborhoods to the greatest extent possible.

6. No model home or temporary real estate office shall incorporate outside lighting which creates a nuisance due to glare or intensity, as provided for in subsection 1006.06.

7. All model home and temporary real estate office signage shall comply with the sign regulations as contained in Chapter 13 of the City Code.

8. The temporary use permit shall terminate three years from its date of issuance or upon such time as 85% of the development is completed, whichever occurs first.

9. No permanent residential occupancy permit shall be issued for a model home until such time as the structure has been fully converted to a residence. Such conversion shall include, but not be limited to, parking lot restoration and the removal of signage and lighting.

10. The restoration of all temporary parking areas with appropriate landscaping shall be completed by the end of the next growing season.

11. All criteria for temporary use consideration but not procedural requirements, as contained in subsection 1002.10 shall be considered and satisfactorily met.

§ 1005.07 Recreational Vehicles.

Subd. 1. Recreational Vehicles. Recreational equipment and vehicles may be stored in the front, side, or rear yards subject to the following standards.

1. Parking for recreational vehicles must be on surfaces that meet the requirements of subsection 1006.03. All parking pads must meet the surfacing material requirements for the type of yard that they are located in.

2. All front yard storage must be set back 15 feet from the street curb, and storage shall not encroach on any sidewalk.

3. Storage shall not occur in a required parking stall.

4. The designated storage area shall maintain at least a five-foot setback from side or rear property lines.

Subd. 2. Tents, boats, and recreational vehicles shall not be used for residential dwelling purposes. No tent, boat, or recreational camping vehicle shall at any time be used as living quarters, temporarily or permanently. Tents, playhouses, or similar structures may be used for play or recreational purposes.

Subd. 3. No recreational camping vehicle shall be placed upon any vacant lot within the limits of the city.

§ 1005.08 Alternative Energy Systems.

Subd. 1. Purpose. It is the goal of the city to provide a sustainable quality of life for the city’s residents, making careful and effective use of available natural, human, and economic resources and ensuring that resources exist to maintain and enhance the quality of life for future residents. In accordance with that goal, the city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this subsection include:

1. To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems;

2. To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy;

3. To protect and enhance air quality, limit the effects of climate change, and decrease use of fossil fuels; and

4. To encourage alternative energy development in locations where the technology is viable and environmental, economic, and social impacts can be mitigated.

Subd. 2. Geothermal Systems.

1. Zoning Districts. Geothermal systems in accordance with the standards in this subsection are allowed as a permitted administrative use in all zoning districts.

2. Standards.

a. System Requirements.

i. Only closed loop geothermal systems utilizing heat transfer fluids as defined in subsection 1001.02 are permitted. Open loop geothermal systems are not permitted.

ii. Geothermal systems in public waters may be permitted in business, industrial, or R-3 Districts as an interim use in accordance with subsection 1002.09 subject to approval from the State Department of Natural Resources.

iii. Geothermal systems in water bodies owned or managed by the city may be permitted in business, industrial or R-3 Districts as an interim use in accordance with subsection 1002.09 subject to approval from the State Department of Natural Resources.

b. Setbacks.

i. All components of geothermal systems including pumps, borings, and loops shall be set back at least five feet from interior side lot lines and at least ten feet from rear lot lines.

ii. Above ground equipment associated with geothermal systems shall not be installed in the front yard of any lot and shall meet all required setbacks for the applicable zoning district.

c. Easements. Geothermal systems shall not encroach on public drainage, utility roadway, or trail easements.

d. Noise. Geothermal systems shall comply with State Pollution Control Agency standards outlined in M.S. Chapter 7030, as it may be amended from time to time.

e. Screening. Geothermal systems are considered mechanical equipment and subject to the requirements of subsection 1006.06.

3. Safety. Geothermal systems shall meet the requirements of the State Building Code.

4. Abandonment. If the geothermal system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following: the heat pump and external mechanical equipment shall be removed.

5. Permits. A building permit shall be obtained for any geothermal system prior to installation.

Subd. 3. Solar Energy Systems.

1. Roof- or Building-Mounted Solar Energy Systems. Systems which are accessory to the principal land use, designed to supply energy for the principal use. Roof- or building-mounted solar energy systems shall be regulated as follows.

a. Roof- or building-mounted solar energy systems are permitted accessory uses in all districts in which buildings are permitted.

b. All roof- or building-mounted solar energy systems shall meet the standards of the State Building Code and the owner or contractor shall receive a building and/or mechanical permit before installing a roof- or building-mounted solar energy systems. Roof- or building-mounted solar energy systems are subject to the accessory use standards for the district in which it is located, including setback, height, and impervious surface coverage limits.

c. Color. All roof- or building-mounted solar energy systems shall use colors that are the same or similar with the color of the building or roof material of the building on which the system is mounted.

d. Roof- or building-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district and shall not extend beyond the perimeter of the roof line of the building on which it is mounted. For purposes of height measurement, roof- or building-mounted solar energy 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.

e. Roof-mounted solar energy systems shall be placed on the roof to limit visibility from the public right-of-way or to blend into the roof design, provided that minimizing visibility still allows the property owner to reasonably capture solar energy.

f. Roof-mounted solar energy systems exceeding the applicable zoning district height may be approved with a conditional use permit.

g. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency, but are exempt from the strict requirements of subsection 1006.06. Screening may include walls, fences, or landscaping.

2. Standards for Ground-Mounted Solar Energy Systems as an Accessory Use.

a. Ground-mounted solar energy systems are a permitted accessory uses in all districts in which buildings are permitted except for the Downtown District.

b. In residential zoning districts, ground-mounted solar energy systems shall be limited to a maximum area consistent with the accessory structure limitations in subsection 1005.01 or no more than 25% of the rear yard, whichever is less. In other zoning districts, ground-mounted solar energy systems as a permitted accessory use shall not encompass more than 10% of the total property area or lot size.

c. All ground-mounted solar energy systems shall meet the standards of the State Building Code, and the owner or contractor shall receive a building and/or mechanical permit before installing a ground-mounted solar energy systems. Ground-mounted solar energy systems are subject to the accessory use standards for the district in which it is located, including setback, height, and impervious surface coverage limits.

d. The city does not consider the collector surface of a ground- mounted solar energy system that is not in a DNR designated Shoreland District as impervious surface. Any collector surface of a ground-mounted solar energy system’s foundation that is in a DNR designated Shoreland District or other component of the solar installation that rests on the ground is considered impervious surface.

e. The height of a ground-mounted solar energy system shall not exceed 15 feet at maximum tilt.

f. Ground-mounted solar energy systems, including any appurtenant equipment, shall be set back a minimum of 15 feet from all property lines and a minimum of 30 feet from all buildings located on adjacent lots. Shoreland District setbacks shall apply.

g. Ground-mounted solar energy systems shall only be located in the following areas in each district.

District	Location
Business/Commercial	Front, side, or rear yard
Downtown Design District	Not allowed in Central Business District Zone
Industrial	Front, side, or rear yard
Residential Districts	Rear yard
TOD	Midway or Transition Zones

h. Ground-mounted solar energy systems shall not encroach upon drainage and utility easements or trail easements.

i. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid.

j. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency, but are exempt from the strict requirements of subsection 1006.06. Screening may include walls, fences, or landscaping.

k. If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment.

3. Standards for Community Solar Energy Systems (Solar Garden).

a. Community solar energy systems shall be allowed as an interim use in the Future Restricted Development (AG) and shall be processed according to the standards of subsection 1002.09.

b. Community solar energy systems shall not have a generating capacity of more than five megawatts.

c. Community solar energy systems shall be on properties of at least five acres in size.

d. The city prohibits all community solar energy systems within:

i. The Shoreland Overlay District, as designated on the city zoning map;

ii. Wetlands to the extent required by the State Wetland Conservation Act of 1991, being M.S. §§ 103A.201 et seq., as it may be amended from time to time;

iii. Within 600 feet of areas designated or formally protected from development by federal, state, or county agencies as wildlife habitat, wildlife management areas, or designated as national wild and scenic land or corridor;

iv. The Floodway District and the Flood Fringe District;

v. Residential Districts, Business Districts;

vi. All drainage and utility easements; and

vii. Two hundred feet of a principal structure existing at the time the interim use permit is issued.

e. An interconnection agreement must be submitted to the utility company and proof be provided to the city that the utility company has deemed the agreement complete.

f. All structures must meet the setback, height, and coverage limitations for the zoning district in which the system is located, except as otherwise stated in this section.

h. The owner or operator shall be required to submit to the city, as part of the interim use permit application, a detailed site plan showing both existing and proposed conditions. These plans shall show the location of all areas where solar arrays would be placed, the existing and proposed structures, property lines, access points, fencing, landscaping, surface water drainage patterns, floodplains, wetlands, the ordinary high water mark for all waterbodies, any other protected resources, topography, electric equipment, and all other characteristics requested by the city.

i. All community solar energy systems shall meet the standards of the State Building Code and all applicable local, state, and federal regulatory standards. The owner or contractor shall receive a building and/or mechanical permit before installing a community solar energy systems. Community solar energy systems are subject to the accessory use standards for the district in which it is located, including setback, height, and impervious surface coverage limits.

j. The owner or operator of the community solar energy systems must submit to the city a detailed emergency shutdown plan as part of the review process.

k. Signage shall be posted at all entrance points to the property the community solar energy system is located on that includes, at a minimum, the owner and operator’s name, contact information, and emergency phone numbers. All signage shall meet the requirements of Chapter 13 of City Code.

l. The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels meets the accepted professional standards, given local soil and climate conditions.

m. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground on premises. The city may grant exemptions to this requirement in instances where shallow bedrock, watercourses, or other elements of the natural landscape interfere with the ability to bury lines.

n. The city requires the owner or operator to submit a decommissioning plan for community solar energy systems to ensure that the owner or operator properly removes the equipment and facilities upon the end of project life or after their useful life. The owner or operator shall decommission the solar panels in the event they are not in use for 12 consecutive months. The plan shall include provisions for the removal of all structures and foundations, the removal of all electrical transmission components, the restoration of soil and vegetation, and a soundly based plan ensuring financial resources will be available to fully decommission the site. The disposal of structures and/or foundations shall meet all federal, state, and local requirements. The city may require the owner or operator to provide a current day decommissioning cost estimate and shall post a bond, letter of credit, or establish an escrow account, including an inflationary escalator, in an amount determined by the City Council, to ensure proper decommissioning.

4. Standards for Solar Farms.

a. Solar farms shall be permitted as an interim use in the Future Restricted Development (AG) District, and shall be processed according to the standards of subsection 1002.09.

b. Solar farms shall be on properties of at least five acres in size.

c. Storm water management and erosion and sediment control shall meet the requirements of the city and best management practices.

d. The city prohibits solar farms within:

i. The Shoreland Overlay District, as designated on the city zoning map;

ii. Wetlands, to the extent required by the State Wetland Conservation Act, as it may be amended from time to time;

iv. The Floodway and Flood Fringe Districts;

v. All zoning districts except Future Restricted Development (AG) District;

vi. All drainage and utility easements; and

vii. Within 200 feet of a principal structure existing at the time the interim use permit is issued.

e. An interconnection agreement must be submitted to the utility company, and proof be provided to the city that the utility company has deemed the agreement complete.

f. All structures must meet the setback, height, and coverage limitations for the zoning district in which the system is located, except as otherwise stated in this section.

h. The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels meets the accepted professional standards, given local soil and climate conditions.

i. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground on premises. The city may grant exemptions to this requirement in instances where shallow bedrock, watercourses, or other elements of the natural landscape interfere with the ability to bury lines.

j. The owner or operator shall be required to submit to the city, as part of the interim use permit application, a detailed site plan showing both existing and proposed conditions. These plans shall show the location of all areas where solar arrays would be placed, the existing and proposed structures, property lines, access points, fencing, landscaping, surface water drainage patterns, floodplains, wetlands, the ordinary high water mark for all waterbodies, any other protected resources, topography, electric equipment, and all other characteristics requested by the city.

k. All solar farms shall meet the standards of the State Building Code and all applicable local, state, and federal regulatory standards. The owner or contractor shall receive a building and/or mechanical permit before installing a solar farm. Solar farms are subject to the accessory use standards for the district in which it is located, including setback, height, and impervious surface coverage limits.

l. The owner or operator of the solar farm must submit to the city a detailed emergency shutdown plan as part of the review process.

m. The city may allow the installation of small operations, security, and equipment buildings on the site of solar farms as permitted accessory uses to the solar farm.

n. The owner or operator shall contain all unenclosed electrical conductors located above ground within structures that control access. In addition, solar farms shall be protected from entry by a minimum four-foot tall fence.

o. Signage shall be posted at all entrance points to the property the solar farm is located on that includes at a minimum, the owner and operator’s name, contact information, and emergency phone numbers. All signage shall meet the requirements of Chapter 13 of the City Code.

p. The solar farm owner or operator shall provide access to the City Fire Department either in the form of a lock or key to all access points to the property the solar farm is located on.

q. Solar farms which have a generating capacity of 50 megawatts or more shall fall under the permitting jurisdiction of the State Public Utilities Commission (PUC).

r. The city requires the owner or operator to submit a decommissioning plan for solar farms to ensure that the owner or operator properly removes the equipment and facilities upon the end of project life or after their useful life. The owner or operator shall decommission the solar panels in the event they are not in use for 12 consecutive months. The plan shall include provisions for the removal of all structures and foundations, the removal of all electrical transmission components, the restoration of soil and vegetation, and a soundly based plan ensuring financial resources will be available to fully decommission the site. The disposal of structures and/or foundations shall meet all applicant, federal, state, and local requirements. The city may require the owner or operator to provide a current-day decommissioning cost estimate and shall post a bond, letter of credit, or establish an escrow account, including an inflationary escalator, in an amount determined by the City Council, to ensure proper decommissioning.

5. Additional Standards. In addition to the standards outlined above, all solar energy systems shall meet the following standards.

a. The owners or operators of solar energy systems that are connected to the electric distribution or transmission system, either directly or through the existing service of the primary use on the site, shall obtain an interconnection agreement with the electric utility in whose service territory the system is located. Off-grid systems are exempt from this requirement.

b. Electric solar energy system components that are connected to a building electric system must have an Underwriters Laboratory (UL) listing.

c. All solar energy systems shall meet the standards of the State and National Electric Code.

d. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector that affects adjacent or nearby properties. Steps to minimize glare nuisance may include selective placement of the system, screening on the north side of the solar array, reducing use of the reflector system, or other remedies that limit glare.

e. Any solar energy system which is inoperable for 12 successive months shall be deemed to be abandoned and shall be deemed a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit.

f. A building permit shall be obtained for any solar energy system prior to installation.

g. All solar energy systems shall meet all federal and state requirements, including the Public Utilities Commission (PUC) requirement and size requirements.

Subd. 4. Wind Energy Conversion Systems (WECS).

1. Residential Zoning Districts.

a. WECS shall be permitted as an accessory use, which conditions shall include, but are not limited to, the following:

i. For lots under two acres in size, WECS shall be roof-mounted;

ii. Height shall be limited to that of applicable zoning district regulation; and

iii. Minimum separation between the ground and the bottom of blade shall be eight feet.

b. Conditional use permit required for any WECS, which conditions shall include, but are not limited to, the following:

i. For lots under two acres in size, any roof-mounted WECS exceeding the allowed zoning district height regulation;

ii. For lots over two acres and under 20 acres in size, WECS shall be roof-mounted or attached to a monopole in the rear yard that is under 100 feet in height;

iii. For lots 20 acres and over, WECS shall be roof-mounted or attached to a monopole that may be over 100 feet in height;

iv. Lot line setbacks shall be equal to maximum turbine blade height. If over 100 feet in height, the setback shall be as follows: for each foot over 100, add an additional half foot to the setback from residentially zoned lot line; and

v. Shoreland District setbacks shall apply to all lots located within the Shoreland Overlay District.

2. Non-Residential Zoning Districts.

a. Permitted accessory use if under 100 feet in height.

b. Conditional use if over 100 feet in height and/or more than one pole mounted on a lot.

c. Minimum separation between the ground and the bottom of the blade shall be eight feet.

d. Lot line setbacks shall be equal to maximum turbine blade height. If over 100 feet in height, the setback shall be as follows: for each foot over 100, add an additional half foot to the setback from residentially zoned lot line.

e. Shoreland District setbacks shall apply.

f. No limit on the number of roof-mounted turbines.

3. TOD District.

a. For lots within the Station Zone, roof-mounted WECS shall be permitted as an accessory use and subject to zoning height restrictions. Limit one roof-mounted turbine per building.

b. For lots within the Midway and Transition Zone:

i. Permitted accessory use if under 100 feet in height;

ii. Conditional use if over 100 feet in height and/or more than one pole mounted on a lot;

iii. Lot line setbacks shall be equal to maximum turbine blade height. If over 100 feet in height, the setback shall be as follows: for each foot over 100, add an additional half foot to the setback from residentially zoned lot line;

iv. Shoreland District setbacks shall apply; and

v. Limit one roof-mounted turbine per building allowed in Midway Zone. No limit on the number of roof-mounted turbines in the Transition Zone.

4. Downtown Design District. Roof-mounted WECS shall be permitted as an accessory use and subject to zoning height restrictions. Limit one roof-mounted turbine per building.

5. For all zoning districts:

a. Freestanding towers, where permitted, shall be of monopole design;

b. All WECS shall be equipped with an automatic overspeed control device as part of the design;

c. All WECS shall comply with State Pollution Control Agency noise standards outlined in Minn. Rules Chapter 7030, as it may be amended from time to time;

d. Minimum blade clearance to ground of 30 feet for pole-mounted horizontal turbines;

e. Setbacks along public land may be waived or reduced at the discretion of public body in ownership of said land, subject to the review and approval of the City Council;

f. All applicable provisions of Chapter 9 of this Code, including, but not limited to, the applicable provisions of the state building codes therein adopted, shall be complied with, in addition to those requirements set out in this Section and Chapter 10;

g. Prior to the issuance of a permit, the applicant shall provide, among other things, to the city documentation or other evidence from the dealer or manufacturer that the wind energy conversion system has been successfully operated in atmospheric conditions and is warranted against any systems failures under reasonably expected severe weather operating conditions as established by the director of fire and building inspection services. The applicant shall also provide, among other things, to the city documentation that the tower structure for the system has received a professional engineer’s certification;

h. WECS tower foundations shall be designed to resist two times the wind uplift calculated pursuant to the Uniform Building Code as adopted by the city and shall have a professional engineer’s certification;

i. No WECS tower shall be constructed within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five feet;

j. No WECS or support tower of any kind shall be erected anywhere within the city without first making an application for and obtaining from the city a permit therefore which shall not be granted unless all requirements of this Section are met and the proposed use will not be harmful to the public health, welfare, and safety;

k. For all WECS towers, effective measures shall be taken to prevent public interference and to place the tower in a substantially non-climbable condition. Effective measures include removal of climbing rungs or ladders from the bottom eight feet of the tower. The intention shall be to prevent climbing of the tower by unauthorized persons;

l. Except for illumination devices required by FAA regulations and residential lighting in compliance with city codes, no WECS or tower shall have affixed or attached to it in any way any sign (does not include equipment labels), banner, or placard of any kind, except for one sign, not to exceed two square feet, which displays suitable warning of danger to unauthorized persons, the system’s manufacturer, and emergency shut-down procedures;

m. All WECS shall comply with all applicable Federal Communications Commission regulations, as amended;

n. All WECS shall comply with all applicable Federal Aviation Administration regulations, as amended;

o. The interface of a wind energy conversion system with the consumer’s electric service shall be pursuant to all applicable federal and state regulations. The city encourages the owner to notify his or her local electric utility company in advance and requests that both parties regulate their activities in a cooperative manner; and

p. If the WECS remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure, including mechanical equipment.

§ 1005.09 Swimming Pools.

Subd. 1. Swimming Pool Protection.

1. All swimming pools, spas, and hot tubs which contain water over 24 inches at any point or have a surface area exceeding 150 square feet, with the exception of storable swimming pools, shall require a building permit and shall be enclosed with a fence or barrier a minimum of four feet in height.

2. Above ground pools, spas, and hot tubs with sides or attached fences which create a barrier at least four feet in height do not require an additional fence or barrier.

3. A spa or hot tub with a safety cover complying with American Society for Testing and Materials’ Standard (ASTM) Performance Specification F1346-91 shall not be required to provide an additional fence or barrier.

4. Storable swimming pools do not require a fence or barrier, provided all means of access (ladders and the like) are removed when not attended. Storable swimming pools do not require a permit. Storable swimming pools which contain water over 24 inches at any point or a surface area exceeding 150 square feet still must adhere to setback requirements for swimming pools unless otherwise noted. Storable swimming pools may be set up outdoors without a permit only from April 1 to October 31 of each year. Any swimming pool which is set up outdoors outside of these dates shall be treated as a permanent swimming pool and shall require a building permit.

Subd. 2. Setback Standards.

1. In all residential districts, above ground and below ground swimming pools shall be located at least six feet away from any principal structure or frost footing with the exception of detached and attached decks which service the pool area. This requirement shall not apply to above ground hot tubs and spas or storable pools.

2. In all residential districts, swimming pools shall be set back a minimum of ten feet from all adjoining lots.

3. Swimming pools shall not be permitted in an actual or required front yard or within the required front yard abutting the side street if the lot is a corner lot. Swimming pools shall not be permitted within a drainage and utility easement.

4. The filter unit, pump, heating unit, and any other noise-making mechanical equipment associated with any type of swimming pool shall be located a minimum of ten feet from side and rear property lines and shall not be located within a front yard.

§ 1005.10 Sexually Oriented Business.

Subd. 1. Purpose. The purpose of this subsection is to establish provisions for the opportunity as well as controls of sexually oriented uses within the city.

Subd. 2. General Provisions.

1. Sexually oriented uses as defined in Section 1001, shall be subject to the following general provisions.

a. Activities classified as obscene as defined by M.S. § 617.241, as it may be amended from time to time, are not permitted and are prohibited.

b. Sexually oriented uses, either principal or accessory, shall be prohibited from locating in any building which is also used for residential purposes.

c. Sexually oriented uses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, non-intoxicating malt liquor, or wine.

d. A sexually oriented use which does not qualify as a sexually oriented use-accessory shall be classified as a sexually oriented use-principal.

Subd. 3. Sexually Oriented Uses-Principal.

1. Sexually oriented uses-principal shall be located at least 300 feet, as measured in a straight line, from the closest point of the property line of the building upon which the sexually oriented use-principal is located to the property line of:

a. Residentially zoned property;

b. Another sexually oriented use-principal;

c. Schools;

d. Day cares;

e. Public library;

f. Public parks/trails; and

g. On-/off-sale liquor establishments.

2. Sexually oriented use-principal activities, as defined by this chapter, shall be classified as one use. No two sexually oriented uses-principal shall be located in the same building or upon the same property and each use shall be subject to item 1 above.

3. Sexually oriented uses-principal shall, in addition to other sign requirements established by City Code or ordinance, also adhere to the following signing regulations:

a. Sign messages shall be generic in nature and shall only identify the type of business which is being conducted;

b. Shall not contain material classified as advertising; and

c. Shall comply with the requirements of size and number of the district in which they are located.

Subd. 4. Sexually Oriented Uses-Accessory.

1. Sexually oriented uses-accessory shall:

a. Comprise no more than 5% of the floor area of the establishment in which it is located; provided that the maximum floor area used for sexually oriented uses-accessory may not exceed 1,000 square feet;

b. Comprise no more than 10% of the gross receipts of the entire business operation; and

c. Not involve or include any activity except the sale or rental of merchandise.

2. Sexually oriented uses-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access.

a. Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator.

b. Magazines. Publications classified or qualifying as sexually oriented 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.

c. Other Use. Sexually oriented uses-accessory, not specifically cited shall comply with the intent of this subsection, subject to the approval of the Zoning Administrator.

3. Sexually oriented uses-accessory shall be prohibited from both internal and external advertising and signing of sexually oriented materials and products.

4. Sexually oriented uses-accessory activities, including sale or display of instruments, devices, or paraphernalia which are used or designed for use in connection with specified sexual activities, shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are admitted.

§ 1005.11 Non-Conforming Buildings, Structures, Uses, and Lots.

Subd. 1. Non-Conforming Building, Structures, and Uses. It is the purpose of this subsection to provide for the regulation of non-conforming buildings, structures, and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses may be operated and maintained. The zoning ordinance establishes separate districts, each of which is an appropriate area for the location of uses, which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures, and uses not be permitted to continue without restriction. Furthermore, it is the intent of this subsection that all non-conforming uses shall be eventually brought into conformity with this chapter.

1. Grandfather Clause. Any structure or use lawfully existing on July 20, 2002 (effective date of chapter) shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended.

2. Remedial Work. Nothing in this chapter shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Official providing the necessary repairs shall not constitute more than 50% of fair market value of such structure. The County Assessor will determine said fair market value.

3. Normal Maintenance. Maintenance of a building or other structure containing or used by a non-conforming use will be permitted when it includes necessary non-structural repair and incidental alterations, which do not extend or intensify the non-conforming building or use. Repairs shall be considered structural if they relate to foundations, walls, rafters, joists, headers, beams, timbers, structural sheathing, structural siding, or similar items.

4. Reversal of Non-Conformity. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.

5. Reduction of Non-Conformity. A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered as to increase the non-conformity.

6. Restoration and Alteration.

a. Restoration. No lawful non-conforming building or structure which has been damaged by fire, explosion, rot, decay, act of God or the public enemy, to the extent of more than 50% of its value, as determined by the County Assessor, shall be restored, except in conformity with the regulations.

b. Alterations to Lawful Non-Conforming Structures. Alteration and normal maintenance to a lawful non-conforming building or structure may be made, provided:

i. The alterations do not expand the building size;

ii. The alterations do not change the building occupancy capacity or parking demand; and

iii. The alteration does not increase the number of bedrooms in any dwelling unit.

c. Decks. Lawful non-conforming single-family detached dwelling units in the R-1, R-1E, R-2, and R-5 districts may be expanded by adding a deck, provided that the deck itself meets the current zoning regulations, including all setback requirements. Structures that are lawful non-conforming due to a failure to meet the required setback from the ordinary high water level shall be subject to the conditions of subsection 1005.01.

7. Discontinuance. Whenever a lawful non-conforming use of a structure or land is discontinued for a period of one year, following written notice from an authorized agent of the city, any future use of said structure or land shall be made to conform to the provisions of this chapter.

8. Threats to General Welfare. Non-conforming buildings, structures, and/or uses, which based upon documented study and evidence, pose a danger and/or threat to the health, safety, and general welfare of the community, shall:

a. Be legally described as a nuisance by the City Council; and

b. Upon being identified by the City Council and upon the owner being notified in writing by the Zoning Administrator, the owner shall provide to the City Council a documented time schedule and program, which will result in the termination or correction of the non-conformity.

i. The termination/correction time schedule shall be based upon, but not be limited to, factors such as the initial investment and the degree of threat or danger being posed.

ii. The acceptability of the time schedule shall be determined by the City Council with right of appeal.

iii. In no case shall a time schedule exceed two years.

Subd. 2. Floodplain District Non-Conforming Uses. Shall follow the requirements set forth in subsection 1004.02.

§ 1005.12 Home Occupation Permits.

Subd. 1. Purpose. The purpose of this subsection is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. In addition, this subsection is intended to provide a mechanism enabling the distinction between those home occupations having minimal or no secondary impact and those which have potential for adverse effects upon surrounding properties.

Subd. 2. Application. Subject to the non-conforming use provision of this subsection, all home occupations, as defined in subsection 1001.02, shall be further defined to distinguish permitted home occupations from interim use home occupations.

Subd. 3. Procedures and Permits.

1. Permitted Home Occupations. Any home occupation, as defined in subsection 1001.02, shall require an administrative permit which shall be applied for, reviewed, and processed in accordance with the procedural provisions of subsection 1002.05.

2. Conditions. The Zoning Administrator may impose such conditions on the granting of a home occupation permit as may be necessary to carry out the purpose and provisions of this subsection.

3. Transferability. Home occupation permits whether granted administratively or through the interim use permit process, shall not run with the land and shall not be transferable.

Subd. 4. Prohibited Activities. No home occupations (permitted uses or interim uses) shall:

1. Constitute a fire hazard to neighboring residences, adversely affect neighboring property values, or constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise, glare, odor, electrical interference, vibration, dust, and other nuisance or safety hazards;

2. Adversely impact governmental facilities and services, including roads, sanitary sewers, water, storm drainage, garbage service, police service, and fire service;

3. Adversely affect sensitive environmental features, including lakes, surface water and underground water supply and quality, wetlands, slopes, floodplains and soils, or other factors as found relevant by the city;

4. Involve the use of hazardous materials or activities; and/or

5. Involve any of the following: body shops, machine shops, welding, ammunition manufacturing, flea markets, motor vehicle repairs or sale, escort businesses, or any sexually oriented land uses.

Subd. 5. Requirements. All permitted home occupations shall comply with the following requirements and general provisions.

1. General Provisions.

a. No home occupation shall produce light, glare, noise, odor, or vibration that will in any way have an objectionable effect upon adjacent or nearby property or right-of-way.

b. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

c. The home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall not result in compatibility or disturbance to surrounding residential uses.

d. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings.

e. There shall be no exterior storage of equipment or materials used in the home occupation, except that personal automobiles used in the home occupation may be parked on-site.

f. The home occupation shall meet all applicable Building and Fire Codes.

g. There shall be no exterior display or signs which are visible from outside of the dwelling except to the extent authorized by the city sign ordinance.

h. All home occupations shall comply with the provisions of city nuisance ordinances.

i. No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m.

j. The operation of any wholesale or retail business shall not be permitted unless it is conducted entirely by mail or delivery and does not include the sale of equipment or delivery of merchandise to the premises.

k. The home occupation shall not involve any of the following: repair service which requires equipment other than found in a dwelling; manufacturing, over-the-counter sale of merchandise produced off the premises.

l. No person other than those who customarily reside on the premises shall be employed by the home occupation.

m. All home occupations shall be conducted entirely within the principal dwelling and shall not be conducted in accessory buildings, including attached garages.

n. Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicles are parked closer than 15 feet from the curb line or edge of paved street surface, whichever is greater.

o. Home occupations which create a need for more than three parking spaces at any given time in addition to the parking spaces required by the occupants of the dwelling shall not be permitted.

p. In no case shall the permitted home occupation cause or create the need for an additional driveway access to the property.

Subd. 6. Interim Use-Home Occupations. The Zoning Administrator may require an applicant for home occupation to submit an interim use permit application for those occupations which do not meet all of the provisions of Subd. 5 above. Said home occupation may be granted an interim use permit provided that the following are met.

1. Adverse Effect on Neighborhood. The City Council shall find that all home occupation activity occurring on the premises shall not cause any adverse changes to the residential character of the neighborhood.

2. Screening of Exterior Changes. The City Council shall find that any exterior changes necessary to conduct the home occupation are sufficiently screened, properly designed, or separated by distance so as to be consistent with the existing adjacent residential uses and compatible with the residential occupancy.

3. Interior Changes. The City Council shall find that any interior changes necessary to conduct the home occupation comply with all Building, Electrical, Mechanical, and Fire Codes governing the use in a residential occupancy.

4. Traffic. The City Council shall find that the traffic generated by the home occupation involves only vehicles of the type that typically service single- family residences and that such traffic constitutes neither a nuisance nor a safety hazard.

Subd. 7. Non-Conforming Use. Existing home occupations lawfully existing on July 20, 2002 (effective date of ordinance), may continue as non-conforming uses subject to the provisions of subsection 1005.11.

Subd. 8. Inspection. The city hereby reserves the right upon issuing an administrative permit for home occupation to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this chapter or any conditions additionally required by the Zoning Administrator.

Subd. 9. Violations. The Zoning Administrator may revoke an administrative permit for home occupation upon verification and written notice to the property owner of any violations of the City Code. The decision of the Zoning Administrator to revoke the home occupation administrative permit may be appealed pursuant to the procedure outlined in subsection 1002.13.

§ 1005.13 Temporary Family Health Care Dwellings.

Pursuant to authority granted by M.S. § 462.3593, subd. 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.

§ 1005.14 Outside Storage/Display.

Subd. 1. General. All materials and equipment, except as specifically authorized elsewhere in this chapter, shall be stored within a building or fully screened so as not to be visible from adjoining properties.

1. Passenger automobiles, trucks, and other motorized vehicles not currently licensed by the state, or which are incapable of movement under their own power due to mechanical deficiency, which are parked or stored outside for a period in excess of 48 hours, and all materials stored outside in violation of the city ordinances are considered refuse or junk and shall be disposed of pursuant to city regulations.

2. Any accumulation of refuse not stored in containers which comply with City Code, or any accumulation of refuse including car parts which has remained on a property for more than 48 hours is hereby declared to be a nuisance and may be abated by order of the Zoning Administrator, as provided by Minnesota Statutes and Chapter 500 (Nuisance) of the City Code.

3. Temporary storage structures and construction dumpsters shall be allowed in the front yard on an improved surface or in the side yard on an improved or semi-improved surface for a period of no more than 90 days per calendar year. A maximum of 180 days per calendar year may be approved by the Zoning Administrator. Under no circumstances shall these structures be used for temporary living or working quarters.

Subd. 2. Residential Zoning Districts; Exceptions. All personal property shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following:

1. Play and recreational facilities;

2. Clothesline pole and wires;

3. Stacked firewood for the burning supply of the property resident;

4. Construction and landscaping materials currently being used on the premises for current construction projects;

5. Agricultural equipment and materials, if these are used or intended for use on the premises within a period of six months; and/or

6. All off-street parking of operable and licensed passenger automobiles and personal or commercial vehicles of less than 12,000 pounds gross vehicle weight rating (GVWR); in a designated driveway or parking pad, surfaced in compliance with subsection 1006.03.

Subd. 3. Commercial and Industrial Zoning Districts.

1. Outside Storage/Display. Exterior storage and display shall be governed by the respective zoning district in which such use is located.

2. Additional Standards. All exterior storage shall be screened so as not to be visible from adjoining properties and public streets except for the following:

a. Merchandise being displayed for sale in accordance with zoning district requirements; and

b. Materials and equipment currently being used for construction on the premises.

3. Parking of Commercial Vehicles. Up to three commercial vehicles, such as delivery and service trucks up to 12,000 pounds gross vehicle weight rating (GVWR), may be parked without screening if such vehicles relate to the principal use. Construction equipment, trailers, and vehicles over 12,000 pounds gross vehicle weight rating (GVWR) shall require screening in compliance with subsection 1006.06.

Subd. 4. All Zoning Districts.

1. Except for temporary construction trailers and mobile services operated by public service agencies (i.e., bookmobile, bloodmobiles, and the like) as allowed by the city, and trailers parked in designated and improved loading area, no vehicle may be used for office, business, industrial manufacturing, testing, or storage of items used with or in a business, commercial, or industrial enterprise, unless otherwise approved by the Zoning Administrator.

2. The City Council may order the owner of any property to cease or modify open storage uses including existing uses, provided it is found that such use constitutes a threat to the public health, safety, convenience, or general welfare.

§ 1005.15 Cannabis Businesses.

Subd. 1. Purpose.

1. The purpose of this subsection is to implement the provisions of M.S. Chapter 342, which authorizes the city to protect the public health, safety, welfare of residents by regulating cannabis businesses within the legal boundaries of Big Lake.

2. The City Council finds and concludes that the proposed provisions are appropriate and lawful use regulations for the City of Big Lake, that the proposed amendments will promote the community’s interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.

Subd. 2. Authority.

1. The City of Big Lake has the authority to adopt this subsection pursuant to:

a. M.S. § 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses.

b. M.S. § 152.0263, subd. 5, regarding the use of cannabis in public places.

c. M.S. § 462.357, regarding the authority of a local authority to adopt zoning ordinances.

2. The City of Big Lake has delegated cannabis retail registration authority to Sherburne County per Big Lake City Code § 310, Cannabis Retail Registration.

Subd. 3. Advertising. Cannabis businesses are required to follow the sign regulations in City Code and are limited to two fixed signs on the exterior of the building or property of the business, unless otherwise limited by Big Lake’s sign ordinance.

Subd. 4. Temporary Cannabis Events.

1. Permit Required for Temporary Cannabis Event. A permit is required to be issued and approved by the city prior to holding a temporary cannabis event.

2. Registration and Application Procedure. A registration fee shall be charged to applicants for temporary cannabis events, as set in the city’s fee schedule.

3. Application Submittal and Review. The city shall require an application for temporary cannabis events.

a. An applicant for a temporary cannabis event shall fill out an application form, as provided by the city. Said form shall include, but is not limited to:

i. Full name of the property owner and applicant;

ii. Address, email address, and telephone number of the applicant.

b. The applicant shall include with the form:

i. The application fee as required in this subection;

ii. A copy of the OCM cannabis event license application, submitted pursuant to M.S. § 342.39, subd. 2.

c. The application shall be submitted to the city, or other designee for review. If the designee determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies.

d. Once an application is considered complete, the designee shall inform the applicant as such, process the application fees, and forward the application to the Zoning Administrator for approval or denial.

e. The application fee shall be non-refundable once processed.

f. The application for a permit for a temporary cannabis event shall meet the following standards: Any temporary cannabis event shall comply with all requirements of § 1002.10 of the zoning ordinance, Temporary Uses.

g. Temporary cannabis events shall only be held at locations where cannabis retail businesses are permitted.

h. A request for a temporary cannabis event that meets the requirements of this subsection shall be approved.

i. A request for a temporary cannabis event that does not meet the requirements of this subection shall be denied. The city shall notify the applicant of the standards not met and basis for denial.