Accessory car wash uses shall be allowed only if permitted in the underlying zoning district and are subject to the following provisions and restrictions:

1. Car wash stacking requirements shall be regulated as provided in Section 10-9-10 of this chapter.
2. No more than one car wash bay shall be allowed.
3. The car wash shall be designed to be an integral part of the principal building or if freestanding shall be designed with the same materials as the principal structure.
4. Accessory car washes shall not be installed within existing multi-tenant buildings.
5. Neither the car wash or accessory vacuum shall be located within three hundred feet (300') of any residential use unless one hundred percent (100%) screened pursuant to Section 10-9-21 of this chapter, or located across an arterial or major collector roadway from the residential use.
6. Accessory car washes shall meet the screening requirements of Section 10-9-21 of this chapter.

1. Purpose: The City recognizes the need to encourage alternate housing types based on current housing trends. There is an increased desire to support multi-generational housing. This provision is intended to accommodate single family residential property owners who wish to invest in their homes and add value while providing alternative housing options within the City. The purpose of this subdivision is to permit and regulate permanent accessory dwelling units (ADU) only as a permitted accessory use subject to the regulations set forth herein. The minimum lot size in R-1 and R-1A Zoning Districts ensures that additional housing will have less impact on neighboring properties. By allowing only those accessory dwelling units that are in compliance with all of the performance standards of this subdivision, the character and quality of existing neighborhoods will be protected.
2. Performance Standards: No property within a Single-Family Residential District shall have more than one dwelling unit, except an ADU may be permitted as an accessory use to a single family dwelling when the following requirements are met:
   1. The primary residence must be located on a lot within an R-1 or R-1A Zoning District.
   2. All applicable state and shoreland and watershed district requirements are met.
   3. Attached ADUs shall meet the principal structure setback requirements for the underlying zoning district.
   4. Detached ADUs shall meet the accessory building setback requirements for the underlying zoning district.
   5. Detached ADUs shall not count towards the maximum number of accessory buildings and structures allowed on a property as outlined in Section 10-9-2 of this chapter.
   6. The property owner must reside in either the primary residence or the ADU as their permanent residence. The property owner must reside in the home not less than one hundred eighty five (185) days per calendar year, and during which period the subject property continues to be the applicant's legal and principal residence.
   7. An ADU may not be subdivided or otherwise segregated in ownership from the primary residence structure.
   8. The primary single family dwelling unit shall meet Section 10-5-1 of this title related to minimum dwelling size.
   9. ADUs in combination with the associated single family dwelling unit shall comply with all City Code requirements for single-family dwellings.
   10. An ADU's footprint and total floor area shall be no more than fifty percent (50%) of the primary dwelling unit footprint or total floor area. An ADU's total floor area shall not be less than three hundred (300) square feet.
   11. An ADU shall be designed and maintained as to be consistent and with the architectural design, integrated materials, style, appearance and character of the primary residence as a single-family residence.
   12. An ADU may be located within or attached to the primary residence on lots ten thousand (10,000) square feet or greater.
   13. The ADU shall contain no more than two (2) bedrooms.
   14. One off-street parking space (enclosed or on a driveway) shall be required for the ADU. A minimum garage of four hundred forty (440) square feet shall be maintained for the primary residence as required by Section 10-9-10 of this chapter.
   15. No more than one ADU shall be permitted on a lot or parcel and only one address per parcel.
   16. If the exterior door for the ADU is on the same wall as the primary residence front door then the two (2) doors shall be separated a minimum of twenty feet (20') apart.
   17. ADUs shall be constructed on a permanent foundation with no wheels.
   18. The primary residence and ADU shall be constructed and maintained in compliance with the property maintenance regulations set forth in this Code.
   19. The primary residence and ADU shall be served by one shared Municipal water, sanitary sewer, gas and electric utility service. Except in the RR-1 Zoning District, if not served by sewer and water the primary residence and ADU shall meet the private well and septic requirements according to Section 10-5-2 of this title.
3. Permit And License Requirements: It is unlawful for a property owner to construct or allow occupancy within an ADU that does not comply with all of the foregoing requirements:
   1. Building Permit Required: An ADU as permitted in this chapter shall be constructed and maintained in accordance with all State laws, State Building, Plumbing, Electrical, Mechanical, and Fire Code regulations and City Code requirements.
   2. Rental License Required: If the ADU is rented or leased then the property owner shall be responsible for meeting the requirements in Title 3, of this Code.
      

1. Purpose And Authority:
   1. Purpose: To implement the provisions of Minnesota Statutes, Chapters 342 and 412, which authorizes the city to protect the public health, safety, welfare of residents by regulating cannabis businesses within the city.
   2. Authority: The city has the authority to adopt this section pursuant to:
      1. Minnesota Statute, Section 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.
      2. Minnesota Statute, Section 412.221 subd. 32 and 462.357, regarding the authority of a local authority to adopt zoning ordinances regarding general welfare.
2. License And Registration Required
   1. Minnesota State License Required: It is unlawful for any person or legal entity to operate or permit the operation of a cannabis business or hemp business without first obtaining a license from the Office of Cannabis Management for a cannabis business or hemp business.
   2. City Registration Required: Cannabis and hemp retail businesses shall register with the City as required in Title 3 of this Code.
3. Ventilation Required: Cannabis facilities shall be equipped with ventilation and filtration systems that prevent cannabis odor from escaping the premises.
4. Zoning:
   Cannabis businesses licensed or endorsed are permitted in the following districts:

Notes: P means Permitted Use; CUP means Conditional Use Permit

1. General: Where animals are permitted as provided for in this code, they shall be cared for in a manner where they do not constitute a nuisance and comply with all other city and state ordinances, laws and regulations.
2. Care Of Animals: The keeping of animals shall be subject to the following minimum requirements:
   1. The size, number, species, facilities for and location of animals kept shall be maintained so as not to constitute a danger or nuisance by means of odor, noise or other nuisance characteristics.
   2. Animals kept in pet shops, veterinary clinics/hospitals or kennels shall be kept in accordance with regulations for such facilities in addition to the regulations provided by this title.
      

1. Purpose: Automobile dealership remote storage is intended to modify the parking regulations in the B-3, B-4, CRD, I-3, GIM, GIH, and MIX districts to create temporary storage areas for automobile dealerships to store consumer vehicle inventory, at existing parking lots where there is sufficient excess capacity. Remote storage is only intended to accommodate consumer vehicles on a temporary basis during periods when automobile manufacturer deliveries exceed automobile dealership sales lot capacity.
2. Permit Required: A permit is required for consumer vehicle storage. The applicant for a remote storage permit must be the automobile dealership requesting the storage.
3. Application Materials: The following materials shall accompany a complete permit application.
   1. Proof of dealership licensure.
   2. A written explanation detailing the purpose of the remote storage facility, proposed operations, number and types of vehicles stored.
   3. Site plan identifying where the consumer vehicles will be stored.
   4. Written confirmation from the property owner allowing use of parking surfaces for the applicant’s vehicle storage.
4. Duration: Permits issued under this section shall be valid for up to 12 months.
5. Responsibilities: The property owner is responsible for the actions of the automobile dealership and the conditions of the permit.
6. Performance Standards: A permit shall be issued by the City provided the applicant demonstrates that the following performance standards will be met:
   1. Off street parking and loading areas must comply with the general parking requirements of Section 10-9-10 of this chapter. Parking stalls shall be striped.
   2. Storage items shall be limited to new consumer vehicles belonging to and sold at automobile dealerships only located within City boundaries.
   3. No sales and leasing of consumer vehicles shall be conducted on the property.
   4. The storage of vehicles shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.
   5. No inoperable or junk vehicles shall be parked at the remote storage location.
   6. No signage relating to an automobile dealership or the sale or leasing of a vehicle shall be permitted.
   7. No fencing, barriers or obstructions of any kind shall be used to contain or screen vehicles.
   8. No structures or outbuildings shall be permitted in relation to the storage of vehicles.
   9. No display pads relating to the sale or leasing of a vehicle shall be permitted at the remote vehicle storage site.
   10. No other site improvements related to the storage of vehicles, including additional lighting shall be permitted.
   11. The storage of vehicles shall not result in a parking deficiency or increase on street parking.
   12. Within the Mixed-Use district, consumer vehicle remote storage may occur at properties under common ownership of a regional shopping center or on properties within 350 feet of a regional shopping center with sufficient excess parking available.
   13. Storage of used vehicles at remote storage sites is prohibited.
7. Approval Process
   1. Permit applications shall be reviewed administratively by planning staff.
   2. Permits may be denied or conditioned to ensure compliance with zoning, public safety, and aesthetic considerations.
8. Denial Of Permit: No permit shall be issued if the applicant or property owner fails to comply with one or more of the required performance standards.
9. Denial For Noncompliance: If the City staff denies a permit, it shall notify the applicant in writing, stating the ways in which the proposed use does not comply with the standards required by this title.
10. Revocation: The Zoning Administrator may revoke an administrative zoning approval under the following circumstances:
    1. Noncompliance: The use or development is not in substantial conformance with the approved plans, permit conditions, or applicable zoning regulations.
    2. Violation of Law: The use is being conducted in violation of applicable local, state, or federal regulations.
    3. Failure to Act: The permit has not been exercised, implemented, or maintained within the time period specified in the approval.
    4. Public Nuisance or Safety Hazard: The use creates a public nuisance or constitutes a hazard to public health, safety, or general welfare.
11. Revocation Procedure:
    1. The Director of Community Development shall provide written notice to the permit holder identifying the specific reasons for revocation and any corrective actions that may be taken.
    2. The permit holder shall have a minimum of 15 calendar days to respond or remedy the issue, unless an immediate threat to public safety warrants a shorter period.
    3. If the issue is not adequately resolved within the prescribed timeframe it shall constitute sufficient cause for the termination of the permit by the city council following a public hearing. The permit holder may appeal the revocation in accordance with the procedures outlined in Section 10-2-1 (C).
       

1. Purpose: The purpose of this chapter is to maintain the character and integrity of residential areas 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. This chapter also distinguishes between special sales events and continuous business.
2. Home Occupation: A home occupation, including short term home rentals permitted under Title 3 of this Code, may be conducted in a residential dwelling in any residential zoning district subject to the following requirements:
   1. Exterior Parking:
      1. Exterior parking of vehicles in excess of twenty two feet (22') in length is prohibited.
      2. No more than four (4) vehicles related to the home occupation, including customer vehicles, may be parked on the property outside a garage. Vehicles parked outside a garage may only be parked on driveways surfaced with concrete, bituminous, or brick pavers.
      3. Exterior parking of trailers, bobcats, landscaping equipment, cement mixers, and other similar types of equipment used in the home occupation is prohibited.
   2. Employees: Only residents of the dwelling may engage in or conduct the home occupation in the home except:
      1. One nonresident if, by reason of physical or medical condition, the owner would not, in the absence of such assistance, be able to conduct the home occupation, or
      2. One nonresident individual.
   3. Accessory Use Of The Property: The home occupation shall be conducted entirely within the principal dwelling. Occasional use may be made of a backyard for activities not involving manufacturing, assembly, or fabricating if such use does not create a nuisance or violate the City's noise standard. The home occupation may not be conducted in accessory buildings or in attached or detached garages. Exterior storage is prohibited. Garages may be used for storage if sufficient room is maintained for the number of vehicles for which the garage is designed.
   4. Appearance:
      1. Except for customer and delivery vehicles, and one nonilluminated nameplate sign not larger than two (2) square feet affixed to the dwelling immediately adjacent to the entrance used for business access and except as otherwise expressly authorized by this chapter, there shall be no evidence of the occupation, activity, or business use visible, audible, or with an odor detectable from the exterior of the dwelling.
      2. No structural changes to the dwelling or residential driveway shall be permitted which are inconsistent with the residential use and appearance of the property.
   5. Public Health: The use of dumpsters in conjunction with the home occupation is prohibited.
   6. General Restrictions:
      1. Except for short term home rental to transients, customer visits related to the home occupation shall be allowed only during the hours of seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. Monday through Saturday. Deliveries and pickups related to the home occupation shall only be allowed during the hours of eight o'clock (8:00) A.M. to six o'clock (6:00) P.M. Monday through Saturday.
      2. Sales of goods shall be allowed only if incidental to, and made at the time of, the primary provision of a business service.
      3. Deliveries may not be made by semitrailer truck.
      4. No business activity may be conducted which is illegal or prohibited under any other City ordinance or applicable law.
3. Special Sales Events: Special sales events may be conducted from a residential dwelling in any Residential Zoning District subject to the following requirements:
   1. General Requirements:
      1. At least five percent (5%) of the items being sold must be owned by a resident of the dwelling.
      2. No more than two (2) sales events may take place in a twelve (12) month period. Each sales event may be one, two (2), three (3), or four (4) consecutive days.
   2. Signage: A special sales event may be advertised with the use of not more than six (6) temporary signs which may be displayed on the residential premises where the event is being held or within a one mile radius of such premises. Permitted signs shall be subject to the requirements in section 10-30-4 of this title.
   3. Hours Of Operation: A special sales event may be operated only between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. on weekdays, and the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. on weekends.
   4. Use Of Garage: A special sales event may use a garage located upon the residential premises in connection with the event for purposes of display of goods or merchandise, or for access.
   5. Additional Requirements: Except as specifically modified by this section the requirements in subsections 10-10-6(C), (D), (E) and (F) of this chapter shall apply.
4. Registration Of Nonconforming Home Occupations: All home occupations rendered nonconforming by this section shall register with the City Inspections Department within one year of the effective date hereof.
5. Exemptions: This chapter does not apply to garage sales and to daycare and residential facilities licensed by the State.
   

1. Land Reclamation, Mining And Soil Processing; Interim Use Permit
   1. Permit Required: No person shall open, operate or maintain any land reclamation, mining and/or soil processing use without an interim use permit authorizing such operation, unless such use involves earthwork as defined under section 10-9(B) of this chapter. In the review of proposed permits, an agreement shall be prepared and executed holding the city free and harmless from any suit or claims for damage resulting from the negligent excavation, removal or storage of rock, sand, dirt, gravel, clay or other material.
   2. Permit Issuance: An interim use permit shall be issued only after a public hearing by the planning commission and approval by the city council. In this review and approval process, the planning commission may recommend and the city council shall establish the term of the permit and the dates for its periodic review, renewal, and/or termination consistent with Section 10-2-5 of this title.
   3. Soil Remediation In The Minnesota River Quadrant (MRQ): To encourage the soil remediation and redevelopment of properties within the MRQ, as identified in the comprehensive plan, mining, excavation and soil stockpiling is an allowable interim use for properties that contain poor soils. Interim use permits approved in the MRQ (for the purpose of remediating poor soils) shall terminate no later than January 1, 2027. In addition to the requirements of Section 10-2-5, "Interim Uses", of this title, interim use permits shall be subject to a development contract with specific conditions established for the particular permit and for the following general conditions:
      1. Storing, stockpiling, mining, excavating or selling soil for remediation in the MRQ is permitted.
      2. Contractor trailers and heavy equipment ancillary to the mining is permitted on the subject site.
      3. The submittal requirements of subsection (5) of this section shall apply.
      4. Of the poor soils remediated within the property, a minimum percentage shall be removed each year the interim use permit is in effect. The specific percentage shall be determined by the city council and incorporated in the development agreement.
      5. A maximum of ten percent (10%) of imported soils may be stored on the subject site for the purpose of selling to customers.
      6. There shall be no limit imposed on the amount of soil stored on site for the purpose of combining with excavated site soils as part of the remediation process.
   4. Termination: An interim use permit shall terminate upon the occurrence of any of the following events; whichever first occurs:
      1. The date stated in the permit.
      2. A violation of conditions under which the permit was issued.
      3. A change in the city's zoning regulations which renders the use nonconforming.
   5. Interim Use Permit Application: The application for an interim use permit shall be consistent with the requirements of Section 10-2-5 of this title and shall contain the following:
      1. A legal description of the lands from which it is proposed to remove earth and where it is to be deposited or processed.
      2. The name and address of the applicant and of the owner(s) of the land.
      3. Copies of any portions of agreements indicating the duration of any lease if applicable.
      4. The purpose of the removal.
      5. The estimated time required to complete the removal.
      6. The highways, streets or other public ways within the city upon and along which the material removed shall be transported.
      7. The plan of operation, including soil processing (any operation other than direct mining and removal, and not specifically addressed in Section 10-9(B) of this chapter), nature of the processing and equipment, the area, depth and grade of such processing, the estimated quantity of earth deposits to be added to or removed from the premises, location of the plant, source of water, disposal of water and reuse of water. In the event that water is used in the operation of a pit, approval from the state department of natural resources and other appropriate state or federal agencies shall be obtained as to the type, location and depth of such well and contained with such application.
      8. A development plan of the property where the mining is to occur. Such plan shall contain site analysis information such as trees, depth of topsoil, soil type, adjacent and on site buildings and land uses, a map or plan of the proposed excavation showing the confines or limits thereof, together with the proposed finished elevations based on sea level readings. Elevations and percent slope within one hundred feet (100') beyond the perimeter of the excavation and other such information necessary to analyze the site shall be provided by the applicant. United States geological survey data shall be used for all topographic mapping where feasible.
      9. A comprehensive restoration and end use plan. These plans shall show suitable provisions for the restoration of the excavated area to a usable condition compatible with adjacent properties. Such plans should include anticipated final elevations throughout the site area, a landscape plan showing the replacement of ground covers, shrubs, trees, etc., and a plan for the return of subsoil and topsoil. Where the city council deems it practical and necessary, such plan shall include adjoining related areas where excavations have previously been made and remain under the control of the same owner, or under the control of the same person other than the owner to whom the permit is to be issued.
   6. Special Requirements: As part of the original or periodic review of an interim use permit, the council may impose one or more of the following restrictions and requirements, either as a prerequisite to the granting of such permit or after such permit has been granted:
      1. The owner or applicant shall properly fence any pit so that such pit or any standing waters therein may not be a hazard to the general public or the applicant or owner shall slope the banks and otherwise guard and keep any pit in such condition as not to be dangerous to persons or property; provided, that the maximum slopes shall be as follows: a three foot (3') horizontal to one foot (1') vertical slope must be regraded prior to the end of each season's operations or after the pit has ceased to be operated for a period of thirty (30) days or more.
      2. The owner or applicant shall prevent water runoff damage, including erosion on adjacent property and the deposit of material by water runoff on adjacent property.
      3. The applicant or owner shall submit a landscape screening plan consisting of suitable trees which shall be placed to eliminate unsightly view of the operations.
      4. On completion of the operation, the applicant shall properly drain and level off any pit and restore the contour of the site of the operation to a condition as indicated on the end use plan or to such contour as recommended by the city engineer.
      5. Upon closing operations or leaving any particular excavation or area in the site, the applicant shall regrade the area which he has excavated or disturbed in order that no slopes are steeper than three feet (3') horizontal to one foot (1') vertical.
      6. The operation of the gravel pit shall not affect the safety or quantity of any well within one-fourth (1/4) mile from the pit. Proof that the hydraulic or static effect is not detrimental to any such well shall be provided by the applicant.
      7. The council may, at its discretion, attach such other additional conditions to such permits as they may deem necessary in the interest of the public health, welfare and safety of the community.
      8. Within a period of three (3) months after the termination of a sand and gravel operation, or within three (3) months after abandonment of such operation for a period of six (6) months, or within three (3) months after the expiration of a sand and gravel permit, the operator or owner shall dismantle or remove buildings and structures incidental to such operation and shall grade the site to the specifications of the final grade plan, as well as complete all reclamation on the site as proposed by the reclamation plan.
   7. Inspections: The council may require periodic inspections of operations as a condition of approval.
   8. Security Requirement: The council shall require the applicant, owner or user of the property on which the proposed operation is located, to post a letter of credit acceptable to the city or cash escrow in such form and sum as the council shall determine, conditioned to pay the city the 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 the hauling and removal of material from any operation; the amount of such cost and expense to be determined by the city engineer; and conditioned further to comply with all the requirements of this chapter, and the particular permit, and to pay any expense the city may incur by having to do anything which the applicant fails to do to comply with the terms of the conditional use permit.
   9. Insurance Requirement: The contractor or lessor of the land involved shall secure and maintain such insurance from an insurance company acceptable to the city and authorized to write casualty insurance in the state as will protect himself, his agents and the city from claims for bodily injury, death or property damage which may arise from operations under a gravel permit issued under this chapter. A gravel contractor shall not commence work until he has obtained all insurance required under this section and shall have filed a certificate of insurance or a certified copy of an insurance policy within the city. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without ten (10) days' written notice to the city of intention to cancel. The amounts of such insurance shall not be less than the following:
      1. Workers' compensation and employer's liability which shall be secured and maintained as required by the state.
      2. Public liability, personal injury and property damage:
         1. Injury or death of one person: Two hundred fifty thousand dollars ($250,000.00).
         2. Injury to more than one person in a single accident: Five hundred thousand dollars ($500,000.00).
         3. Property damage: Two hundred thousand dollars ($200,000.00).
      3. Automobile and truck public liability, personal injury and property damage, including owned and nonowned vehicles:
         1. Injury or death of one person: Two hundred fifty thousand dollars ($250,000.00).
         2. Injury to more than one person in a single accident: Five hundred thousand dollars ($500,000.00).
         3. Property damage: One hundred thousand dollars ($100,000.00).
   10. Application Of Chapter: All provisions of this chapter shall apply unless otherwise stipulated in a development contract with the city of Burnsville.
2. Earthwork
   1. Intent: Earthwork not specifically associated either with land reclamation, mining or soil processing as a long term operation or with the operation of a business, shall be regulated under this section.
   2. Scope: Earthwork which involves ninety (90) or more cubic yards of material for the excavation, filling, grading, shaping, moving or general soil disruptions for the purpose of making improvements to the property or facilitating development of the property is allowed when reviewed by the development review committee, found to be in keeping with the goals, policies, and general intent of the city, and found to be in compliance with all applicable city, county, state, or federal regulations. Earthwork which involves less than ninety (90) cubic yards for excavation, filling, grading, shaping, moving or general soil disruptions is allowed by the city without review or a permit when all work is performed consistent with city goals and policies.
   3. Application For Permit: Prior to the start of any earthwork involving ninety (90) or more cubic yards of material, approval is required by the development review committee, and an earthwork permit must be issued by the protective inspections department. A woodland identification survey must be completed as required in Section 10-8-1 of this title. Erosion and sediment control information must be provided pursuant to Section 10-8-1 of this title.
   4. Issuance Of Permit: The development review committee may authorize the issuance of an earthwork permit if the requirements of this section are met and the applicant submits surety for the following work:
      1. Construction or improvement of a roadway.
      2. Excavation or filling in accordance with an approved site plan or preliminary plat.
      3. Excavation or filling for the purpose of preparing land which in its original condition cannot be developed according to the designated zoning.
      4. Decorative landscaping when the reshaping or contouring of land does not disrupt surrounding properties or create drainage problems.
   5. Security: Prior to the issuance of an earthwork permit, the owner shall supply the city with security in an amount to be set by City Policy 2.050.
   6. Completion Cleanup: Upon completion of all earthwork, all excess soil, paving materials, sticks, stones, trees, stumps, and any other debris shall be promptly removed.
   7. Compliance: The development review committee cannot authorize the issuance of an earthwork permit to any owner if the proposed plans cannot or do not comply with current environmental requirements, i.e., shoreland, woodland, severe slope, wetlands regulations or any other pertinent city, state or federal requirements, until the plans have been reviewed and approved by the city and all other applicable regulating authorities.
3. Minimum Requirements: The following minimum requirements shall apply to all land reclamation, mining, and soil processing operations, and all earthwork operations that require a permit under Sections 10-9 (A) and 10-9- (B) of this chapter:
   1. The outer limit or edge of any mining operation shall not be closer than one hundred feet (100') to any abutting property line. Soil excavation may occur within one hundred feet (100') of any property line when the proposed grading plan has been approved by the city engineer.
   2. Finished slopes or any edge contiguous to property owned by others shall not be less than a ratio of three feet (3') horizontal to one foot (1') vertical, or as approved by the appropriate regulating authority.
   3. All trees, stumps and debris must be disposed of within thirty (30) days in a manner which complies with current regulations and which is consistent with the proposed end use plan.
   4. No mining operations shall be closer than one hundred feet (100') to the right of way line of any existing street, road or highway, except upon approval by the city council.
   5. The operator shall be responsible for lowering any well so as to provide potable water for each individual whose well is affected by the proposed operations.
   6. All rocks which are not crushed and which are one foot (1') or larger in size shall be removed from the site, buried after termination of operations, or used on site as a landscape feature.
   7. Any storm or surface water cast into the excavation shall be the responsibility of the operator.
   8. The operator shall operate and maintain all equipment in such a manner as to minimize air pollution. Any emission which can cause any damage to health, animals or vegetation or other forms of property or which can cause an excessive silting at any point or any emission of any solid or liquid particles in concentrations exceeding air quality regulations shall be prohibited.
   9. Upon termination of the operation, any pit or excavation created shall be regraded or modified according to the end use plan.
   10. All excavated materials shall be removed from the premises especially within highways, streets or other public ways as the council shall order and direct.
   11. No noise resulting from the excavation use shall exceed the most current noise control regulations.
   12. Any vibration resulting in any combination of amplitude and frequencies beyond the "safe" range of the most current standards of the United States bureau of mines for any equipment or structure shall be prohibited.
   13. The slope of banks during the excavation of material shall be kept in such a condition so as not to be dangerous because of overhangs, sliding or caving banks. Such dangerous conditions shall be declared to be a nuisance and the city may give notice to the operator or owner to abate the same.
   14. The removal of natural vegetation shall be restricted to prevent erosion into water bodies, to consume nutrients in the soil and to preserve shoreland aesthetics. Removal shall be restricted within a strip paralleling a lakeshore, river or stream and shall extend inland a minimum distance of one hundred feet (100') from the normal high water mark as determined by the point where the natural vegetation changes from predominately aquatic to predominately terrestrial. The owner or operator shall be required to comply with the environmental elements established in Chapter 8 of this title.
   15. The hours of operation shall be limited from seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. daily, provided that no excavation, crushing, processing or trucking shall be conducted on Saturdays, Sundays or legal holidays with the exception of Columbus Day and Veterans Day except upon approval by the city council. Certain activities such as loading, maintenance and repair of equipment and hauling by barge may be allowed; provided that these activities do not cause undue noise or disturbances to adjoining property or facilities and that these activities are specified in the operations plans and approved by the municipality at the time of issuance of the permit.
   16. All fill material shall be clean, compactible fill, and shall not contain refuse, construction debris, or any other items (tires, barrels, furniture, etc.) not found in soils. The fill material must be approved by the city engineer and protective inspections division if the fill area will be used for a road or building construction site.
   17. Any of these provisions may be waived by the city council when determined that a complete and proper showing in the plan of operation and/or end use plan that other provisions would be more suitable.
       

Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subd. 9, the City of Burnsville opts out of the requirements of Minnesota Statutes, Section 462.3593.

1. Purpose: The purpose of this section is to establish provisions for the opportunity as well as the regulation of sexually oriented businesses within the City.
2. General: "Sexually oriented businesses" as defined in Title 3 of this Code shall be subject to the following general provisions:
   1. Activities classified as obscene as defined by Minnesota Statutes, Section 617.241 are prohibited.
   2. Sexually oriented businesses shall be prohibited from locating in any building which is also used for residential purposes.
   3. Sexually oriented businesses shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, 3.2 percent malt liquor or wine.
   4. Sexually oriented businesses shall prohibit minors on the licensed premises.
   5. Sexually oriented business activities that include a sale or display of instruments, devices or paraphernalia used or designed for use in connection with specified sexual activities, shall be prohibited at any public show, movie, caravan, circus, carnival, or exhibition presented to the general public where minors are admitted.
3. Location; Sexually Oriented Businesses:
   1. A sexually oriented business shall be located at least seven hundred feet (700'), as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business is located, from the property line of residentially zoned property or residential uses. For purposes of this section, residential use shall include assisted living and congregate care facilities (such as nursing home, memory care or hospice facilities).
   2. A sexually oriented business shall be located at least one thousand feet (1,000') as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business is located, from the property line of:
      1. Youth centers.
      2. Schools.
      3. Religious institutions.
      4. Daycares.
      5. Another sexually oriented business.
   3. No two (2) sexually oriented businesses may be located in the same building or upon the same property and each business shall be subject to Subsection (C)2e of this section.
4. Not Applicable: Minnesota Statutes, Section 617.242 shall not apply.
5. Retail Of Merchandise Permitted: Establishments that devote less than a substantial or significant portion of floor area to sexually oriented business merchandise is permitted anywhere retail is otherwise permitted.
   

1. Purpose And Intent: A goal of the comprehensive plan is to encourage sustainable practices and construction techniques that promote energy conservation. In accordance with this goal, the city finds that it is in the public interest to promote the use of alternative energy systems such as solar, because of the positive impact on energy production and conservation, to reduce carbon production, and promote efficient use of existing and new energy resources in a manner that does not have an adverse impact on the community.
2. Applicability: A solar system is considered an accessory solar energy system only if it supplies electrical or thermal power primarily for on site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on site use may be used by the utility company.
3. Scope Of Regulations: Solar systems may be erected, relocated, enlarged, structurally changed or altered in accordance with the provisions of this section.
4. Accessory Solar Energy Systems (SES): Accessory solar energy systems constructed and placed in accordance with the standards in this section are allowed as a permitted accessory use in all residential, commercial, industrial and park zoning districts and on City owned property.
5. General Provisions:
   1. System Location: An accessory SES shall be located where the lot or building has a solar resource and may be mounted on poles, light poles, the ground, the roof or a wall of a building.
   2. Easements: SES shall not encroach on public drainage, utility, right-of-way or trail easements unless installed by the government agency with jurisdiction over said easement or right-of-way.
   3. Earth Disturbances: Any earth disturbance that results from installation, maintenance or removal of an SES or its components shall be graded and the turf reestablished as approved by the City.
   4. Impervious Surface: Fifty percent (50%) of surface area of solar panels shall be considered impervious surface.
   5. Tree Removal: Tree removal shall be minimized to only that which is required for the system to operate and any removal shall be mitigated in accordance with the woodland preservation requirements of section 10-8-1(G) of this title.
   6. Installation Prohibited In Certain Areas: SES shall not be installed within the floodway, flood fringe, floodplain, shore impact zone, bluff impact zone, wetlands, wetland buffers, public waters, or stormwater ponds.
   7. Guywires: Poles or structures requiring guywires are not permitted.
   8. Power Transmission Lines: All power transmission lines from the SES to any building or other structure shall be located underground.
   9. Finish Used: With the exception of the solar collector surface, all surfaces and associated mechanical equipment, devices and meters shall use nonreflective finishes such as an anodized finish.
6. Exemptions:
   1. Passive and building integrated SES are exempt from the requirements of this section and shall be regulated as any other building element.
   2. Solar energy collector devices less than one (1) square foot in area and generally used for garden decoration, exterior accent lighting for residential homes, lawns, and flagpoles are exempt from the requirements of this section.
   3. Accessory SES installed by a government agency on light poles, signs, transit shelters, within public right of way, easements and city owned property are exempt from the provisions of this section.
   4. Accessory SES not visible from ground level view from adjacent right of way or from abutting properties are exempt from Subsections (H)1, (H)2, (H)5 and (H)6 of this section provided the view is obstructed by existing buildings, fences, walls or topography.
7. Aesthetics: Accessory SES shall be designed and installed in a manner to complement and not detract from the character of the site and neighboring properties. All SES are to be designed to minimize visual impacts, provided that mitigating for visual impacts will allow the system to function within expected industry standards. The city development review committee (DRC) will determine if the proposed design and installation complements or detracts from the character of the site and neighboring property, buildings and structures. Any person aggrieved by the determination of the DRC may file an appeal to the city council pursuant to Section 10-2-1 (C) of this title or file an application for a conditional use permit pursuant to Section 10-2-4 of this title.
   1. Accessory SES shall be designed to blend into the architecture of the building, structure and property landscape.
   2. All structures associated with the SES system shall be neither visually intrusive nor inappropriate to their setting.
   3. Building integrated and roof mounted SES are allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback, land use and performance standards for the district in which building is located.
   4. Solar collection device(s) shall be designed and located to avoid solar glare or reflection onto adjacent properties and right of way and shall not interfere with traffic or create a safety hazard. The property owner shall be responsible to ensure reflection angles from collector surfaces are oriented away from neighboring windows. Where necessary, buffering may be required to address glare.
   5. In all zoning districts other than residential, ground, pole and wall mounted SES that are visible from public right of way shall include buffering features such as landscaping, fences, walls, parapet walls or other building integrated architectural or other features approved by the DRC, to soften the appearance of the system and improve visual aesthetics.
      1. SES on nonresidential property that abuts a residential zone or dwelling shall be set back at least fifty feet (50') from all adjoining residential property lines.
   6. In residential zones, ground and wall mounted SES on nonresidential buildings or property that abuts or is across the street from residential dwelling(s) shall be set back at least fifty feet (50') from adjoining property lines and include buffering features pursuant to Subsection (H)5 of this section.
8. Performance Standards:
   1. Ground Mounted Solar Energy Systems:
      1. In the R-1 and R-2 zoning districts, ground mounted SES shall be limited to a maximum area of two hundred (200) square feet and may only be located in a rear yard.
      2. In commercial and industrial zoning districts, ground mounted SES are permitted in the front yard, side yard and rear yard.
      3. In the park zoning district and property owned by the city, there shall be no limit on the size or location of the ground mounted SES.
      4. In all other zoning districts ground mounted SES shall be limited to no more than twenty five percent (25%) of the rear yard.
      5. Ground mounted SES shall not exceed fifteen feet (15') in height when solar panels are oriented at maximum tilt.
      6. Ground mounted SES including any appurtenant equipment may not extend into the required accessory structure setback and shall meet the accessory structure setbacks of the underlying zone and be located a minimum of thirty feet (30') from all dwellings located on adjacent lots.
      7. The area below ground mounted SES is to be kept neat, clear, uncluttered and be covered with landscape rock, mulch or other material approved by the DRC.
   2. Pole Mounted Solar Energy Systems:
      1. One pole mounted SES is allowed per nonresidential lot.
      2. Pole mounted SES shall not exceed fifteen feet (15') in height when solar panels are oriented at maximum tilt, and shall meet the accessory structure setbacks of the underlying zoning district.
      3. Pole mounted solar collectors shall be limited to an area no larger than two hundred (200) square feet in area.
   3. Building Mounted Solar Energy Systems:
      1. Roof Mounted:
         1. Roof mounted SES and mounting devices shall comply with all building setbacks of the underlying zoning district and shall not extend beyond the exterior perimeter of the building on which it is mounted.
         2. Exterior piping for solar hot water systems may extend beyond the perimeter of the side or rear of a building and shall be painted to blend in with adjacent surfaces.
         3. Solar panels are to be located in a manner that does not change a roofline or obscure the relationship of a roof to character defining features such as dormers and chimneys.
         4. Placement of panels should be uniform on the roof or wall.
         5. Systems shall not be attached to the front of parapet walls or any extension of a front wall of a building that is visible from public right-of-way.
         6. Systems shall be set back from the edge of a flat roof, so as not to be visible from the public right-of-way or be screened by a parapet wall.
         7. Roof mounted systems shall meet the following criteria:
            1. Be surface mounted parallel to the plane of a pitched roof and be no higher than ten inches (10") above the roof.
            2. Be installed below the ridgeline of a pitched roof.
            3. Systems shall be set back from the edge of a flat roof or be screened by a parapet wall so as not to be visible from the public right-of-way
            4. Shall cover no more than eighty percent (80%) of the total south facing roof.
      2. Wall Mounted Solar Energy Systems:
         1. Shall comply with the required principal structure setbacks if located on the principal building or if mounted on an accessory building, shall comply with the required accessory structure setbacks of the underlying zoning district.
         2. Shall not cover more than fifty percent (50%) of the wall to which it is attached.
         3. Shall be surface mounted parallel to the wall of the building.
      3. Building Integrated Solar Energy Systems:
         1. No size or area limitations apply to building integrated SES.
         2. Systems shall comply with the required principal structure setbacks if located on the principal building or if located on an accessory structure, shall comply with the required accessory structure setbacks of the underlying zoning district.
9. Utility Notification: All on grid SES shall comply with the interconnection requirements of the electric utility. The applicant shall provide written authorization from the local utility company to the City acknowledging and approving such connection to the grid. Off grid systems are exempt from this requirement.
10. Identification: SES may be labeled to include:
    1. The name or logo of the manufacturer and/or installer.
    2. The make, serial number, and other pertinent information about the solar energy system.
11. Standards And Certification: All solar energy systems shall meet all applicable codes and ordinances.
12. Unsafe Or Inoperative Systems:
    1. Any SES found to be unsafe by the building official or designee shall be repaired by the owner to meet all code requirements or removed as directed.
    2. If any SES remains nonfunctional or inoperative for a continuous period of twelve (12) months, 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 any required permits have been obtained. Removal includes the entire structure including transmission equipment and footings.
13. Disconnecting SES During Emergencies Or Utility Maintenance:
    1. The City shall have the right to disconnect SES during emergencies, such as fire or other catastrophe, or when utility maintenance is to be performed.
    2. SES shall include an emergency disconnect that is clearly labeled, easily accessible and in a location to be approved by the City.
14. Permits: A building permit, electrical permit, and if required a conditional use permit, shall be obtained prior to installation of an SES.
15. Conditional Use Permit: Any variation from the required standards of this section may be allowed through a conditional use permit in accordance with Section 10-2-4 of this title.
    1. Conditional Use Permit: Variations to the standards in this section may be permitted as a conditional use permit in accordance with section 10-2-4 of this title. In granting a conditional use permit, the City Council shall consider the criteria in said Section 10-2-4 of this title and the following additional criteria unique to solar energy systems:
       1. That the variation is required to allow for the improved operation of the SES;
       2. That the SES has a net energy gain;
       3. That the SES does not adversely affect solar access to adjacent properties;
       4. That the SES complies with all other engineering, building, safety and fire regulations; and
       5. That the SES is found to not have any adverse impacts on the area, including the health, safety and general welfare of occupants of neighboring properties and users of public rights-of-way
          

1. Requirements: Temporary/seasonal outdoor sales uses shall be allowed only when permitted in the underlying zoning district and shall meet the following requirements:
   1. Permit Required: No person shall conduct temporary/seasonal outdoor sales, without first having received a permit as provided in this section.
   2. Permit Application: The application for a permit shall include the following information:
      1. A list of vendors;
      2. A list of all the products to be sold;
      3. A list of all the materials and their quantities to be sold or displayed;
      4. The intended dates, times, and the duration of the sales;
      5. The name and contact information of the person or organization managing the temporary/seasonal outdoor sales event; and
      6. A site plan illustrating the sales arranged in as compact a manner as possible demonstrating vehicle and pedestrian access, circulation and safety, traffic flow, and parking. Access must safely function and not interfere with the operation of the principal use of the site. The site plan shall include the following information:
         1. Vendor stalls, location, arrangement and their dimensions;
         2. Promenade aisle width;
         3. Setbacks from property lines;
         4. On-site parking and traffic circulation patterns;
         5. Pedestrian access and circulation patterns;
         6. Service vehicle access and staging areas;
         7. Trash and waste handling equipment;
         8. On-site lighting;
         9. Proposed signs, location, size, and height;
         10. Restroom availability;
         11. Seating areas; and
         12. Proposed signs.
   3. Permit Types: A new permit shall be required for all sales located on sites where a permit has not been issued during the preceding twelve (12) month period, and for all sales that include a different site plan, list of materials to be sold, or size and/or location of the sales area from the most recently approved permit. A renewal permit shall be required for a sale that is substantially similar to the most recently approved sale at the site, provided that the most recently approved permit was issued during the preceding twelve (12) month period.
   4. Permit Fee: The applicant shall pay the new or renewal permit fee as established annually by the city council. The fee for new and renewal permits shall also include the cost of a sign permit. The permit fee shall be paid in full with the application.
   5. Duration: Permits issued under this section shall be valid for the dates and times approved with the permit; no permit shall exceed ninety (90) days. No more than two (2) permits shall be issued to the same applicant or property in any calendar year.
   6. With the exception of a flea/antique/farmer’s market, the permit is good for one (1) vendor per property. A property may not hold more than one (1) permit at a time.
2. Exemptions:
   1. Schools, academies, universities, libraries, churches, hospitals or similar institutions are not required to obtain a temporary/seasonal outdoor sales permit, when the sale is conducted on their own property.
   2. Organizations identified in Title 3of this code shall not be required to obtain a temporary/seasonal outdoor sales permit.
3. Permit Applicant: The applicant for the permit shall be the owner of the property. If the sale is operated by a person other than the property owner, the owner must notify the city of the operator. The property owner is responsible for the actions of the operator and the conditions of the permit.
4. Performance Standards: A new or renewal permit shall be issued by the city provided the applicant demonstrates that the following performance standards will be met:
   1. Off street parking and loading areas are provided where required.
   2. No public address system shall be used.
   3. The number, area, bulk, height, location, frequency, and duration of temporary/seasonal outdoor sales uses is controlled. The site shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions.
   4. Vendor stalls and display of items shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe. No person or display shall obstruct any municipal or private fire hydrant, or any fire protection device affixed to a building. Additionally, the obstruction of posted fire lanes shall be prohibited, and no public right-of-way (ROW) shall be occupied without a ROW permit.
   5. No uses or displays shall be permitted in required parking areas, required green areas, parking setback areas, or any right of way or other public property.
   6. Signage shall be limited to one sign not to exceed thirty two (32) square feet. The sign may be a banner, shall have a professional appearance, and shall be mounted or erected in an appropriate location. This limitation applies to all signs associated with the sale, including those affixed to vehicles. The sign may be illuminated but must comply with all requirements of 10-12 of this title.
   7. All lighting shall comply with the lighting standards of section 10-9-7 of this chapter.
   8. The sale area and associated parking and loading areas shall not obstruct parking spaces needed by any permanent business established on the site except that when a sale is held only during the time when all permanent businesses on the site are closed, parking spaces may be obstructed.
   9. No portion of the use or event shall take place within one hundred feet (100') of any residential buildings. No sales events with twenty (20) or more vendors shall take place within one hundred and fifty feet (150') of any residential building.
   10. An antique/flea/farmer’s market sale shall provide one parking stall per one hundred (100) square feet of vendor display area plus one parking stall per vendor. All parking shall be on site or on an adjacent parcel when approved as part of the initial review.
   11. An antique/flea market sale shall be limited to only one day per calendar week during a consecutive ninety (90) day permit period, and shall not exceed fourteen (14) days throughout the ninety (90) day period.
   12. Antique/flea market sales are limited to the B-2, B-3, and B-4 zoning districts only.
   13. Farmer’s markets shall be allowed to operate up to three (3) days per week during the months of April through November.
   14. Hours Of Operation:
       1. Antique/flea/farmer’s markets shall be limited to operating between the hours of 8:00 A.M. and 7:00 P.M.
       2. Farmer’s markets that are located in the R-1 District or within one hundred fifty feet (150') of an R-1 zoned property shall not allow vendors to begin setup until 7:00 A.M. on the day of the farmer’s market.
       3. All sales merchandise shall be unloaded prior to the opening of the market and confined to the off-street parking lot area. No on street parking or unloading shall be allowed.
5. Denial Of Renewal Permit: No renewal permit shall be issued if the operator failed to comply with any performance standards during the term of a previously issued new or renewal permit, except upon the approval of the planning commission.
6. Denial For Noncompliance: If the city staff denies a permit, it shall notify the applicant in writing, stating the ways in which the proposed use does not comply with the standards required by this title.
7. Permittee: A temporary/seasonal outdoor sales permit shall be issued for a particular use and to the property owner making application for such permit. Such permit shall not be transferred or assigned for use by another without the written consent of the city. However, such consent by the city shall not be unreasonably withheld.
8. Revocation: Failure to comply with any performance standard or any other violation of this title, shall be a misdemeanor and shall also constitute sufficient cause for the termination of the permit by the city council following a public hearing.
   

1. Purpose: In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the council finds that these regulations are necessary to:
   1. Maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas in order to reduce the number of new towers necessary to serve the community;
   2. Ensure antennas and towers are designed, located, and constructed in accordance with all applicable code requirements to avoid potential damage to adjacent properties from failure of the antenna and tower through structural standards and setback requirements;
   3. Require antenna and tower sites to be secured in order to discourage trespassing and vandalism;
   4. Require tower equipment to be screened from the view of persons located on properties contiguous to the site and/or to be camouflaged in a manner to complement existing structures to minimize adverse visual effects of antennas and towers; and
   5. Establish criteria under which wireless communication providers may utilize public utility structures within city controlled public right of way and drainage and utility easements adjacent to public right of way for collocation of antennas.
2. Height Restrictions
   1. Height Determination: The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure at the tower's point of attachment and tower must meet the height restrictions of this section.
   2. Maximum Height: Except as provided in Subsection (C) of this section, maximum heights for towers are as follows:
      1. In all protected residential property, the maximum height of any tower, including all antennas and other attachments, shall be thirty feet (30'), except that no tower shall be in excess of a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet (5').
      2. In residential zoned property other than protected residential property, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot (1') for each two feet (2') the tower is set back from protected residential property up to a maximum height of seventy five feet (75') for towers and antennas located on property developed for apartment buildings and one hundred fifty feet (150') in all other cases, except that no tower shall be in excess of a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet (5').
      3. In all nonresidential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot (1') for each two feet (2') the tower is set back from protected residential property, up to a maximum height of one hundred fifty feet (150'). The city council may allow towers up to two hundred feet (200') high if the applicant can demonstrate, based upon the topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off site views of the tower will be minimized. Owners of certain antenna structures more than two hundred feet (200') above ground level at the site must notify the federal aviation administration and register with the federal communications commission.
      4. In the case of any proposal to construct or alter a structure of two hundred feet (200') or greater in height (above ground level of the site), or any proposal to construct or alter a structure to a height greater than an imaginary surface extending upward and outward at a slope of one hundred to one (100:1) from the nearest point of the runway of a public airport, the applicant shall notify the commissioner of the Minnesota department of transportation in writing of the plans at least thirty (30) days in advance of making applicable permit requests to the city. The applicant shall provide the city planner with any comments received from the commissioner of the Minnesota department of transportation as part of the required applicable permit request. This local reporting is in addition to any federal permit and review process which may be simultaneously required.
   3. Exceptions: The following are exceptions to the maximum height restrictions for towers:
      1. Multiuser Towers: Multiuser towers may exceed the height limitations of this section by up to twenty feet (20'), provided that if only the antennas of a single personal wireless service provider will be attached to the tower at the time of application, the additional twenty feet (20') will not be used but will remain vacant for use by a second personal wireless service provider.
      2. Amateur Radio Antenna: In accordance with the preemption ruling PRB1 of the federal communications commission, towers supporting amateur radio antennas that comply with all other requirements of this section are exempted from the height limitations of this section up to a total height of seventy feet (70'), provided that such height is technically necessary to receive and broadcast amateur radio signals.
      3. Attached To Structures: Towers and other antenna devices which are attached to a structure and not freestanding may be located in residential zoned districts under the following conditions:
         1. The towers and antennas are located upon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures; and
         2. The towers and antennas are limited to a height of fifteen feet (15') projecting above the structure. The city council may permit antenna heights of up to twenty five feet (25') above the structure if the applicant can demonstrate that, by a combination of antenna design, positioning of the structure and/or by screening erected or already in place on the structure, off site views of the antenna are minimized to accepted levels.
      4. Public Utility Structures: Public utility structures, including, but not limited to, water towers, antennas, lights and signals, power and telephone poles, and poles supporting emergency warning devices.
      5. Wireless Antennas Attached To Public Utility Structures: Wireless antennas located on or attached to public utility structures within public right of way or in drainage and utility easements adjacent to public right of way allowed pursuant to a lease or master agreement with the city providing for review of the location, height and safety of the structure and antenna.
3. Setbacks: Towers shall conform with each of the minimum setback requirements:
   1. Principal Structure Setbacks: Towers shall meet the principal structure setbacks of the underlying zoning district except that towers may be located five feet (5') from the rear property line, provided that the rear property line abuts industrially zoned property and the tower does not encroach upon any easements.
   2. Protected Residential Property: For protected residential property, the required setback for an antenna and tower not rigidly attached to a building shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building, and whose base is on the ground, may exceed this required setback by the amount equal to the distance from the point of attachment to the ground.
   3. Public Rights Of Way And Roadway Easements: Towers shall be set back from all public rights of way and roadway easements by a minimum distance equal to one-half (1/2) of the height of the tower including all antennas and attachments.
   4. Location Between Principal Structure And Public Street: Towers shall not be located between a principal structure and a public street, with the following exceptions:
      1. In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street.
      2. On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.
   5. Setback Reduction: A tower's setback or its location in relation to a public street may be reduced through a conditional use permit, at the sole discretion of the city council provided ground equipment is screened.
   6. Exceptions: The setbacks in this section shall not apply to antennas collocated on existing buildings, towers or structures or public utility structures, including, but not limited to, water towers, antennas, light poles, signals, power and telephone poles, and poles supporting emergency warning devices that are located within public rights of way or in drainage and utility easements adjacent to public rights of way
4. Towers In Residential Zoning Districts: Towers in the residential zoning districts are subject to the following restrictions:
   1. Towers supporting amateur radio antennas and conforming to all applicable provisions of this code shall be allowed only in the rear yard of residentially zoned parcels.
   2. Towers supporting personal wireless service antennas and conforming to all applicable provisions of this code shall be allowed only in the following residentially zoned locations with a conditional use permit:
      1. Church sites;
      2. Park sites, when compatible with the nature of the park;
      3. Sites guided under the city's comprehensive plan as commercial recreational business sites;
      4. Apartment complex or development; and
      5. Government, school, utility, and institutional sites.
   3. Public utility towers supporting wireless antennas and conforming to all provisions of this code allowed pursuant to a lease or master agreement with the city shall be permitted in public rights of way and in drainage and utility easements adjacent to public rights of way.
   4. Only one tower shall exist at any one time on any one residential parcel, unless additional towers or antennas could be incorporated into existing structures such as a church steeple, light pole, power line support device, or similar structure. This provision shall not apply to public utility towers supporting wireless antennas and conforming to all provisions of this code located in public rights of way and within drainage and utility easements adjacent to public rights of way that are allowed pursuant to a lease or master agreement with the city.
5. Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the federal aviation administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
6. Signs And Advertisements: No signage, advertising, or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities.
7. Accessory Utility Buildings: All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements for accessory structures of the underlying zoning district. Ground mounted equipment shall be screened pursuant to Section 10-9-21 of this title, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. The setback provision shall not apply to public utility towers supporting wireless antennas and conforming to all provisions of this code that are located in public rights of way or in drainage and utility easements adjacent to public rights of way that are allowed pursuant to a lease or master agreement with the city.
8. Design Standards: Proposed or modified towers and antennas shall meet the following requirements:
   1. Towers and antennas (including antenna cables) shall be designed to blend into the surrounding environment to the maximum extent possible as determined by the city through the use of building materials, colors, texture, screening, landscaping, and other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration;
   2. Personal wireless service towers shall be of a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment. This provision shall not apply to public utility towers supporting wireless antennas and conforming to all provisions of this code that are located in public rights of way or in drainage and utility easements adjacent to public rights of way that are allowed pursuant to a lease or master agreement with the city.
9. Tower Collocation Requirements: All personal wireless service towers erected, constructed, or located within the city shall comply with the following requirements:
   1. A proposal for a new personal wireless service tower shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building, that is greater than seventy five feet (75') in height, within a one-fourth (1/4) mile search radius for towers less than one hundred twenty feet (120') in height or a one-half (1/2) mile search radius for towers equal to or greater than one hundred twenty feet (120') 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 or building as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
      2. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer.
      3. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
   2. The applicant must demonstrate that a good faith effort to collocate antennas on existing towers and structures was made, but an agreement could not be reached.
   3. Proposed personal wireless service towers shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred feet (100') in height or for at least one additional user if the tower is over seventy five feet (75') in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
10. Tower Construction Requirements: All towers erected, constructed, or located within the city, and all wiring therefor, shall comply with the following requirements:
    1. Building Permit: It shall be unlawful for any person, firm, or corporation to erect, construct, place or reerect, replace, or make structural repairs to any tower without first making application for and securing a building permit as provided in title 4 of this code, except as provided in subsection (C) of this section.
    2. Professional Engineer's Report: The applicant shall provide a report from a qualified and licensed professional engineer which demonstrates the tower's compliance with all applicable structural and electrical, but not radio frequency, standards, including, but not limited to, the Minnesota state building code, and includes the engineer's certification.
    3. Exceptions: Building permits are not required for:
       1. Adjustment, repair, or replacement of existing antennas or the elements of an antenna array affixed to a tower or antenna; provided, that adjustments or replacement does not reduce the safety factor.
       2. Routine maintenance (e.g., painting) and other nonstructural related repairs of towers.
       3. Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick up operations, provided that all requirements of subsection (5) of this section are met, with the exception of subsection (5)H of this section (regarding corrosive material) which is waived. Temporary antennas shall be removed within seventy two (72) hours following installation, unless additional time is approved by the chief building official. Temporary towers erected for emergency purposes may be exempt from setback requirements of this chapter as determined by the chief building official.
       4. Public utility structures supporting wireless antennas and conforming to all provisions of this code that are located within public right of way allowed pursuant to a lease or master agreement with the city providing for review of the location, height and safety of the structure and antenna.
    4. Fee: The fee to be paid is that prescribed under building permit fees, Title 4-1-3 of this code.
    5. Construction Requirements: All antennas and towers erected, constructed, or located within the city, including all necessary wiring, shall comply with the following requirements:
       1. Applicable Provisions: All applicable provisions of this code.
       2. Certification: Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform with the latest structural standards and wind loading requirements of the Minnesota state building code adopted in title 4 of this code, the Electronics Industry Association, the requirements of the federal aviation administration, federal communications commission and all other applicable reviewing agencies or that the tower is exempt from those regulations.
       3. Extension Over Public Right Of Way Prohibited: With the exception of necessary electric and telephone service and connection lines approved by the city and public utility towers supporting wireless antennas and conforming to all provisions of this code and allowed pursuant to a lease or master agreement with the city, no part of any antenna or tower, nor any lines, cable, equipment, or wires or braces in connection with either shall at any time extend across or over any part of the right of way, public street, highway, sidewalk, or property line.
       4. Electrical Engineering Methods And Practices: Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the national electrical code.
       5. Occupational Safety And Health Administration Requirement: All towers shall be constructed to conform with the requirement of the occupational safety and health administration.
       6. Protection Against Unauthorized Climbing: All towers shall be reasonably protected against unauthorized climbing.
       7. Zoning Restrictions: Antennas and towers may only be erected in accordance with applicable zoning restrictions.
       8. Corrosive Resistant Metal Material: Towers shall be constructed of corrosive resistant metal material.
       9. Insurance: Persons responsible for all communication towers and their antennas shall maintain a general liability insurance policy that provides coverage from any damage to property or injuries to persons caused by collapse of the tower. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than one million dollars ($1,000,000.00).
       10. Inspections: All towers may be inspected at least once each year by an official of the building and inspection services division to determine compliance with original construction standards. Deviations from original design for which a permit is obtained constitutes a violation of this chapter.
           1. Notice of violations shall be sent by registered mail to the owner of the property and the owner shall have thirty (30) days from the date the notification is issued to make repairs. The owner shall notify the building and inspection division that the repairs have been made, and as soon as possible thereafter, another inspection shall be made and the owner notified of the results.
11. Antenna Collocation Requirements:
    1. Requirements: In all zoning districts except the TOD district, the placement of personal wireless service antennas on roofs, walls, and existing towers may be approved by the city, with a building permit.
       1. In addition to the submittal requirements required elsewhere in this code, an application for a building permit for antennas to be mounted on an existing structure shall be accompanied by the following information:
          1. A site plan showing the location of the proposed antennas on the structure and documenting that the request meets the requirements of this code.
          2. A building plan showing the construction of the antennas and the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this code.
          3. Certification by a qualified and licensed professional engineer indicating the existing structure's or tower's ability to support the antennas.
       2. Antenna collocation requirements for TOD zoning districts are regulated by Section 10-6-7 of this title.
    2. Exceptions: No building permit shall be required for:
       1. Personal wireless service antennas located on or attached to public utility structures within public right of way and allowed pursuant to a lease or master agreement with the city that provides for review of the location, height and safety of the structure and antenna. The requirements of title 8, chapter 14, "Right Of Way", of this code shall be met.
       2. Antennas that meet the exemptions under subsection 10-10-12(A) of this chapter.
12. Existing Antennas And Towers: Antennas and towers in existence as of the effective date hereof which do not conform or comply with this chapter are subject to the following provisions:
    1. Towers may continue in use for the purpose used and existing as of the effective date hereof, but may not be replaced or structurally altered without complying in all respects with this chapter.
    2. If such towers are subsequently damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit for the repair or restoration, but without otherwise complying with this chapter, provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be fifty percent (50%) or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this chapter.
13. Abandoned Or Unused Towers Or Portions Of Towers: All abandoned or unused towers and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the city. In the event that a tower is not removed within twelve (12) months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. After the facilities are removed, the site shall be restored to its original or an improved state.
14. Interference With Public Safety Telecommunications: No new or existing telecommunications service shall interfere with public safety telecommunications.
15. Additional Submittal Requirements: In addition to the information required elsewhere in this title, an application for a building permit or conditional use permit for towers and antennas shall include the following supplemental information:
    1. A report from a qualified and licensed professional engineer which does the following:
       1. Describes the tower height and design including a cross section and elevation;
       2. Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;
       3. Describes the tower's capacity, including the number and type of antennas that it can accommodate; and
    2. A letter of intent committing the tower owner and his or her 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, so long as there is no negative structural impact upon the tower and there is no disruption to the service provided.
16. Exemptions:
    1. Exempt: The following antennas are exempt from the requirements under this chapter except as otherwise provided in subsection (B) of this section:
       1. Satellite earth station antennas that are two meters (2 m) or less in diameter and located or proposed to be located in a business or industrial district.
       2. Except as otherwise provided under subsection (A)3 of this section, antennas designed to receive signals as follows, provided the mast supporting the antennas does not extend more than fifteen feet (15') above the roofline of the building:
          1. Antennas that are one meter (1 m) or less in diameter and that are designed to receive direct broadcast satellite service, including direct to home satellite services, or to receive or transmit fixed wireless signals via satellite;
          2. Antennas that are one meter (1 m) or less in diameter and that are designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or
          3. Antennas designed to receive television broadcast signals.
       3. The exception provided for antennas designed to receive or transmit fixed wireless signals under subsection (1)a of this section applies to "customer end antennas", which are antennas placed at a customer location for the purpose of providing service to customers at that location, but does not apply to hub or relay antennas, which are antennas used to transmit signals to and/or receive signals from multiple customer locations.
    2. Requirements: Antennas exempted under subsection (1)a of this section are subject to the following requirements:
       1. Antennas (including antenna cables) shall be designed to blend into the surrounding environment through the use of appropriate colors, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration;
       2. No lighting, signage, advertising, or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities;
       3. Antennas and any guywires or guywire anchors shall not be erected within a public or private utility and drainage easements, and shall be set back a minimum of five feet (5') from all lot lines. This provision shall not apply to public utility towers supporting wireless antennas and conforming to all provisions of this code that are located in public right of way or in drainage and utility easements adjacent to public right of way that are allowed pursuant to a lease or master agreement with the city;
       4. Antennas shall meet the setback requirements specified under this chapter and, to the extent feasible, placed in a position that is not visible from the street, unless placement in accordance with these requirements would impair reception of an acceptable signal;
       5. Antennas shall meet the height limitations in this chapter, unless the applicable height limitation would impair reception of an acceptable signal; in which case, antennas shall be limited to the maximum height necessary to obtain an acceptable signal;
       6. Antennas shall not be constructed, installed, or maintained so as to create a safety hazard or cause damage to the property of other persons;
       7. With the exception of necessary electric and telephone service and connection lines approved by the city and public utility towers supporting wireless antennas and conforming to all provisions of this code that are located in public rights of way or drainage and utility easements adjacent to public rights of way allowed pursuant to a lease or master agreement with the city, no part of any antenna nor any lines, cable, equipment, or wires or braces in connection with the antenna shall at any time extend across or over any part of the right of way, public street, highway, sidewalk, or property line;
       8. Antennas, masts, and supporting cables shall conform with the latest structural standards and wind loading requirements of the building code and the Electronics Industry Association and any other applicable reviewing agencies.
    3. Residential District Standards: Satellite earth station antennas in excess of one meter (1 m) in diameter and antennas designed to receive direct broadcast services or multichannel multipoint distribution services in excess of one meter (1 m) in diameter may be allowed as a conditional use within the residential zoning districts of the city and, in addition to the requirements of this chapter, shall comply with the following standards:
       1. The lot on which the 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;
       2. 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 antenna in a manner in which growth of the landscape elements will not interfere with the receive window;
       3. The antenna is not greater than three meters (3 m) in diameter; and
       4. The conditional use permit provisions of this chapter are considered and determined to be satisfied.
    4. Business District Standards: Satellite earth station antennas in excess of two meters (2 m) in diameter and antennas designed to receive direct broadcast services or multichannel multipoint distribution services in excess of one meter (1 m) in diameter are allowed as a conditional use within the B-1, B-2, B-3, and B-4 districts of the city and, in addition to the requirements of this chapter, shall comply with the following standards:
       1. The lot on which the 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;
       2. 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 antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window; and
       3. The conditional use permit provisions of this title are considered and determined to be satisfied.
    5. Industrial District Standards: Satellite earth station antennas in excess of two meters (2 m) in diameter and antennas designed to receive direct broadcast services or multichannel multipoint distribution services in excess of one meter (1 m) in diameter may be allowed as a conditional use within the I-1, I-2, I-3, GIM and GIH districts of the city and, in addition to the requirements of this chapter, shall comply with the following standards:
       1. The lot on which the 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;
       2. 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 antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window; and
       3. The conditional use permit provisions of this title are considered and determined to be satisfied.
17. Violations: Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor.
    

Warehouse, wholesale showroom and multi-tenant warehouse facilities shall be allowed only if permitted in the underlying zoning district and are subject to the following provisions and restrictions:

1. No such use shall be allowed in a warehouse or tenant space of a warehouse facility where noise associated with loading activities or business operations will have an adverse impact on adjacent residential uses.
2. Each warehouse or wholesale showroom building shall be architecturally designed and constructed with permanent finished building materials so as to be compatible with adjacent development and the city's building standards. The overall appearance of the building shall be that of an office rather than a warehouse.
3. The allowable percentage of floor area devoted to the office function shall be established at the time of approval and ample space shall be allotted on the site to accommodate the parking area required to service it.
4. All loading and service areas shall meet the screening requirements of Section 10-9-21 of this chapter.
5. Whenever such developments abut or are across the street from residential uses, their interior road patterns shall be arranged in such a way as to route service vehicle traffic away from residential uses.

1. Permit Required: WECS shall be considered accessory uses in all zoning districts, except as further limited in this section, and require a conditional use permit. The CUP may address, but is not limited to: height of the system, length of blades, speed of rotation, blade arc and arc setbacks, provisions and sureties for removal, tower access limitation, and shadowing.
2. Districts Permitted: WECS are permitted in any zoning district except residential districts, conservation districts and park districts.
3. Ornamental Wind Devices: Ornamental wind devices that are not WECS shall be exempt from this section but shall conform to all other provisions of this Code.
4. Interconnection With Utility Company: No WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the City.
5. Warranty: The applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within Burnsville. The WECS shall be warranted against any system failures reasonably expected in severe weather conditions.
6. Design Standards:
   1. All WECS shall comply with all applicable State and Federal regulatory standards including the State Building Code and Federal Aviation Administration (FAA) requirements; and Minnesota Pollution Control Agency (MPCA) and Environmental Protection Agency (EPA) regulations. Drawings and engineering calculations shall be certified by a Minnesota licensed engineer.
   2. Any WECS utilizing a tower, pole or self-supporting structure shall be sited so that the tower is located a distance equal to or greater than its height from the nearest property line. If attached to a roof and/or building, the WECS apparatus shall be sited a distance equal to or greater than the height of the building plus the height of the WECS apparatus. In no instance shall a WECS encroach on the minimum principal structure setbacks.
   3. No more than one WECS shall be permitted per lot or parcel.
   4. Freestanding and/or tower WECS shall only be permitted on a lot/parcel with a minimum lot size of five (5) acres. WECS may be placed on the roof of any principal structure on a lot with a minimum lot size of two (2) acres.
   5. WECS shall not encroach on public drainage, utility, roadway or trail easements.
   6. Maximum height shall be fifteen feet (15') if attached to or placed on a roof of the principal structure and one hundred twenty feet (120') if freestanding wind turbine/tower.
   7. WECS shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules, chapter 7030 (as amended) at all property lines.
   8. Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 miles per hour or greater).
   9. The following design provision shall also apply to all freestanding WECS:
      1. Freestanding WECS structures shall be of monopole tower design only.
      2. Blade arcs created by the WECS shall have a minimum of thirty feet (30') of clearance over any structure or tree within a two hundred foot (200') radius.
      3. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:
         1. Tower climbing apparatus (on the tower) shall not be located within twelve feet (12') of the ground.
         2. A locked anticlimb device shall be installed on the tower.
         3. Tower shall be enclosed by a locked, protective fence at least six feet (6') in height.
7. Abandoned Towers: Any WECS tower, turbines or apparatus which is not used for six (6) successive months shall be deemed abandoned and shall be removed, including accessory facilities, from the property at the expense of the property owner.