(1)   Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels and adult body painting studios and other adult establishments may locate not less than 700 feet from:

         (a)   Any existing residential zoning district;

         (b)   Any areas designated for future residential development in the Byron Comprehensive Plan;

         (c)   Any place of worship, school or youth facility;

         (d)   Any licensed daycare center; or

         (e)   Any other adult establishment.

      (2)   For the purposes of this section, this distance shall be a horizontal measurement from the nearest existing residential district boundary, place of worship, school, youth facility or another adult establishment to the nearest boundary of the proposed adult establishment.

      (1)   The use shall be required to meet the specifications of buffering and screening Class B as indicated in the table set forth in § 152.085 Buffering and Screening, with the exception of buffering and screening in the minimum side yards (five feet). Where the side yard is less than 10 feet as indicated on a proposed site plan, the requirement for shrubs shall be one per three feet.

      (2)   A permanent common open space area for passive group outdoor recreation activities shall be provided with a size of not less than 5% of the lot area:

         (a)   The area shall be landscaped with shade trees and shrubbery for the purpose of protection from the sun, screening and visual interest.

         (b)   Such an outdoor living area shall be properly drained, located for convenience and optimum use, and shall be walled, fenced, or planted to provide reasonable privacy.

         (c)   This area may be surfaced to provide an area for garden furniture. It may also be roofed in whole or in part, provided that it is open on all sides and meets the requirements for location of accessory buildings in its designated zoning district.

      (3)   All buildings shall have a common room open for use by all of the residents of the building. The common area shall meet the occupancy and space requirements for common rooms as outlined in the Uniform Building Code.

      (1)   Dwelling units (apartments) shall be located above the ground floor.

      (2)   Buildings in the historic downtown area as identified in the Byron Comprehensive Plan Neighborhood Districts Map shall be permitted where adequate on-site parking is available.

      (1)   All such dwellings shall be constructed upon a permanent foundation which is located under the entire length of all exterior walls of the dwelling and is approved according to the Uniform Building Code (State Building Code). All post-frame structures are prohibited for dwellings.

      (2)   The minimum width of the dwelling shall be 20 feet, measured between nonintersecting exterior walls along a straight line perpendicular to both walls. The requirement shall not apply to any additions made subsequent to the original construction of the dwelling.

      (3)   All manufactured homes shall be equipped with an anchoring system approved by the Minnesota Department of Administration (Building Code Division).

      (1)   The applicant shall record a covenant and deed restriction on all properties which will abut the common lot line. Said covenants and deed restrictions shall:

         (a)   Provide access to the abutting property for the adjacent property owner and/or his or her representative for the purpose of construction, reconstruction, repair, and maintenance of either side on the total property;

         (b)   Provide for necessary encroachments for footings, eaves, and special structures; and

         (c)   Provide for restrictions to limit color, material, and design of the building as to be compatible with the attached unit.

      (2)   The twinhome structure shall be located at least 15 feet from all other principal structures and ten feet from all accessory structures.

      (3)   The wall of the dwelling shall be placed upon said property in a manner not to encroach upon another lot.

      (4)   Water runoff from building roofs shall not drain onto abutting property but shall be required to drain onto only the lot on which the building is located.

      (1)   Manufactured homes shall comply with the applicable State of Minnesota laws and regulations on manufactured housing and manufactured home parks including, but not limited to, M.S. Chapter 327 and any applicable rules and regulations of the Minnesota Department of Health.

         (a)   Uses permitted within the park shall include only manufactured homes, storm shelters, recreational facilities, and accessory uses to the manufactured homes, including common laundering facilities and activities necessary for the operation and maintenance of the park.

         (b)   Accessory uses not listed in (a) may be allowed by conditional use permit.

         (c)   There shall be no outdoor camping anywhere in the manufactured home park.

      (5)   Only one manufactured home shall be located on an individual lot or space.

         (a)   An open area shall be provided on each manufactured home lot to ensure privacy, adequate natural light and ventilation to the home and to provide sufficient area for outdoor uses essential to the manufactured home. The minimum lot area shall be 4,000 square feet. The maximum lot coverage for the manufactured home, carport, accessory structures, and driveway shall be 50%.

         (b)   Manufactured homes shall be no closer than 25 feet to adjacent manufactured homes in the side yard area and not less than 25 feet in the rear yard area. A front yard area of 20 feet shall be required between the paved roadway and manufactured home. Each lot shall be clearly defined by permanent markers located in the ground.

         (c)   No manufactured home shall be located closer than 50 feet to the right-of-way line of T.H. 14, C.S.A.H. 3, and C.S.A.H. 5 and 25 feet from the right-of-way line of all other public highways, roads, or streets. A manufactured home shall be located no closer to the park boundary than 20 feet.

         (d)   A buffer with a hedge or fence and landscaping shall be provided within the setback along all exterior boundary lot lines and along lot lines that are abutting a county, state, or federal highway. No buffer is required along lot lines abutting local streets.

         (a)   Streets shall be provided within the park. The internal street system shall provide convenient and safe circulation and access to each lot. These internal streets shall be private streets.

         (b)   The minimum street width (pavement surface) shall be as follows:

   Table 152.5. Parking Street Width

 

 

         (c)   Streets shall be paved to city construction standards for surface and subsurface materials and construction methods. Streets shall be maintained in good condition.

         (d)   A common sidewalk system shall be provided and maintained on all streets and between locations where pedestrian traffic is concentrated. Such sidewalks shall have a minimum width of five feet.

         (e)   A municipal sanitary sewer and municipal water system shall be installed in accordance with city specifications. All public and private utilities serving each manufactured home lot shall be placed underground. Fire hydrants shall be located in accordance with generally accepted practices listed in the city’s Engineering Specifications.

         (f)   The ground surface of all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe and efficient manner without risk or erosion or flooding of lots within the park or to lands adjoining or in the vicinity of the manufactured home park.

         (g)   There shall be provided within each manufactured home park suitable storm shelter facilities constructed completely below ground level and outside all flood prone areas and shall provide a minimum of ten square feet of shelter floor area for each lot in the park.

         (h)   An area shall be set aside for long-term storage for such items as boats, boat trailers, hauling trailers, and other equipment not generally stored within the manufactured home and/or a utility building on the manufactured home lot. This storage area shall be screened with a fence, wall, or berm and landscaping so as to not be visible from adjacent properties.

         (i)   Trash and garbage disposal shall be in common disposal areas with adequately sized bins in a walled or fenced area and be located within 150 feet of each lot and meet all Olmsted County Health Department regulations. Individual garbage cans shall not be permitted.

         (j)   There shall be provided within each manufactured home park, open space for play lots and recreation facilities for the exclusive use of the park occupants. Such open space area shall be a total of 20,000 square feet for each 50 manufactured home lots or an equal proportion thereof. Play lots shall be a minimum of 500 square feet in area and recreational areas shall be a minimum of 10,000 square feet in area. These open space areas shall be of appropriate design and provided with appropriate recreational equipment.

         (a)   All manufactured homes shall be kept in good repair, shall remain in a sanitary and structurally sound condition, and shall conform to the requirements of MN Statutes and U.S. HUD.

         (b)   No manufactured home shall be erected on a lot except upon a manufactured home pad that shall meet all applicable Uniform Building Code (city building code) standards. Each pad shall have a minimum dimension equal to the dimensions of the manufactured home to be placed on the lot.

         (c)   All manufactured homes shall be equipped with an anchoring system approved by the Minnesota Department of Administration (Building Code division). The frame, wheels, crawl space, storage areas, and utility connections of all manufactured homes shall be concealed from view by skirting made of durable all-weather construction material that is consistent with the exterior of the manufactured home. Installation of the skirting must be completed within 60 days of the placement of the manufactured home on the pad. No obstruction shall be permitted that impedes the inspection of plumbing and electrical facilities.

         (d)   Dwelling units of conventional construction shall not be permitted on a manufactured home site, except for a manager’s office and residence.

         (e)   Off-street parking spaces shall be provided to minimize the disruption of traffic movement. Driveway area shall not be located on the lot such that the remaining open space area of each lot is substantially reduced in size. Each lot shall be required to have two off-street parking spaces. These spaces may be provided on the individual lot or in parking bays within 100 feet of the lot they are intended to serve. Parking bays shall not be permitted to be located on any public street within the park. On-lot spaces may be provided in tandem.

         (f)   No building or structure shall be attached to the manufactured home other than one removable cabana or awning. One carport and one utility shed shall be permitted on a manufactured home lot. Tuck under garages where the appropriate foundation walls are provided shall be permitted.

         (g)   All recreational vehicles, trailers, and other similar equipment shall be required to be parked in an area designated for such use on the manufactured home park plan. No on-street parking of recreational vehicles shall be permitted. This storage area shall be screened with a fence, berm, or trees and landscaping.

      (1)   The park shall abut a paved public highway or street and have safe access onto such public roadway;

      (2)   A buffer shall be required along the entire property boundary perimeter as specified in § 152.085 Buffering and Screening;

      (3)   Each travel trailer parking site or camping site shall be within 200 feet of a community building which shall provide separate toilet facilities for each sex. Drinking water outlets shall be provided throughout the park or campground;

      (4)   Interior streets or paths for safe vehicle circulation shall be constructed in a manner so as to be useable during any time of the year and kept in a dust-free condition. Recreational travel trailer or other recreational vehicle parking areas shall be similarly constructed so as to be useable and dust free during any time of year;

      (5)   The park shall be graded and equipped to drain all surface water in a safe and efficient manner, without risk of erosion or flooding of lands adjoining or in the vicinity of the park. All surface area, excluding paved areas, shall be required to maintain vegetative cover of grasses, herbs or similar vegetative material on the entire park;

      (6)   Proper waste disposal methods shall be used that meet Olmsted County Department of Health standards and State Department of Health standards;

      (7)   The applicant shall be required to provide an accurate scaled drawing of the design of the planned park or campground. Information on all requirements of this chapter shall be included on the application by the applicant;

      (8)   All State of Minnesota laws and regulations and Olmsted County Department of Health regulations shall be complied with.

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

         (b)   Provide for the appropriate location and development of antennas and towers within the city.

         (c)   Minimize adverse visual effects of wireless communications towers through siting standards.

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

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

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

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

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

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

            (ii)   Wireless communications towers are permitted with a conditional use in areas with the following uses:

               a.   Industrial, manufacturing, commercial, and agricultural;

               b.   Parks and public open space when sited and designed to be compatible with the nature of the site;

               c.   Government, school and public utility structures; and

               d.   Places of worship.

         (a)   All towers and antennas shall comply with all FCC and FAA rules and regulations. Wireless communication towers attached to a building or existing structure shall comply with the setbacks of the zoning district and shall not exceed 20 feet in height beyond the top of the primary structure. Freestanding towers shall be set back one foot from any property line or building for each one foot of structural height. Freestanding towers shall not be located in a front yard, nor shall any part of the antenna or tower extend across or over any part of the public right-of-way, street, highway or walkway.

         (b)   Towers should be located in areas that provide the maximum possible amount of natural or existing structural screening for off-site view.

         (c)   Towers shall be self-supporting without the use of wires, cables, beams or other means, the design should utilize an open framework or monopole configuration that is designed to collapse in on itself in the event of structural damage. Design and installation of towers and antennas shall comply with all applicable federal and state standards, including FCC and FAA standards and the current Uniform Building Code, and shall be approved and stamped by a licensed professional structural engineer.

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

         (e)   Towers shall only be illuminated by artificial means if such light is required by federal (FAA) or state regulations; or if the lighting is used to illuminate ball fields, parking lots or similar areas; or if said artificial illumination is used for crime prevention purposes.

         (f)   The use of any portion of a tower for signs other than required warning or equipment information is prohibited. All buildings and structures accessory to a tower shall:

            (i)   Be constructed of a material on the exterior of the building similar to the surrounding residential area when located in or adjacent to a residential zoning district.

            (ii)   Be buffered and screened from adjoining uses as established in the requirements of the underlying zoning district.

            (iii)   Meet the height and setback limitations as established for each zoning district.

         (g)   A tower shall have only one accessory building, which shall be immediately adjacent to the tower. The accessory building shall contain only electronic equipment that is necessary for the functioning of the telecommunications system.

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

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

         (j)   Owners or operators shall remove abandoned or unused towers and similar facilities within 12 months of the cessation of operations and shall restore the site to its original condition. Should the owners or operators of abandoned or unused towers and similar facilities fail to abide by this provision, the city shall remove the structure and shall assess the costs to the property, owner, or operator.

         (k)   All wireless communication facilities that are in existence to date may continue to operate, but may not be replaced or structurally altered without complying in all respects to this section. Routine adjustment or replacement of the primary or co-location antennae shall not constitute a replacement or structural alteration of a wireless communication facility.

         (l)   When the owner of property upon which a wireless communication facility is located requests preliminary plat approval or requests the issuance of a building permit, any and all wireless communication facilities which fail to conform to this section shall be removed prior to preliminary plat approval or building permit issuance, whichever occurs first.

(Ord. 2023-02, passed 5-9-23; Ord. 2025-01, passed 1-14-25)

      (1)   No more than one ADU shall be allowed on a lot.

      (2)   No more than 25% of the lots within a subdivision may include an ADU within five years of final plat approval.

      (3)   Either the principal dwelling or the ADU shall be owner-occupied, and both dwelling units shall be under unified ownership.

            (i)   An ADU shall be at least 300 square feet in size.

            (ii)   An ADU shall be the lesser of 33% of the principal dwelling footprint or 750 square feet.

         (b)   No ADU shall be permitted if the building coverage on the lot exceeds, or will exceed with the addition of the ADU, the maximum lot coverage defined in the district requirements.

         (c)   Maximum occupancy of an ADU shall be limited to two people.

         (d)   An ADU shall include a maximum of one bedroom.

         (f)   Maximum height of an ADU, including one built above a garage, shall not exceed the standards for principal or accessory buildings, as applicable.

         (a)   A property shall be required to add one more additional conforming, off-street parking space to the required parking regulations set forth in § 152.082 Parking and Loading.

         (b)   Conversion of garage space to an ADU is prohibited unless the parking space requirement is able to be met without any additional permissions.

         (a)   The exterior finish material shall match, in type, size, and placement, the exterior finish material of the principal dwelling unit.

         (b)   The roof pitch shall match the predominant roof pitch of the principal dwelling unit.

         (c)   Trim shall match the trim used on the principal dwelling unit. Projecting eaves shall match those of the principal dwelling unit.

         (d)   Windows shall match those in the principal dwelling unit in proportion (relationship of width to height) and orientation (horizontal or vertical).

         (e)   The primary residence and ADU shall be connected to municipal sewer and water but shall be served by only one service line from the street to the primary residence.

            (i)   If there are objections received within 10 days of mailing the notices, the permit application must be forwarded for consideration by the Planning Commission with final approval by the City Council.

            (ii)   If there are no objections received within ten days of mailing the notices, the permit application will be processed by city staff.

      (1)   No accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building but may be erected simultaneously. No accessory building shall be occupied unless the principal building on the lot is also occupied.

      (2)   In cases where an accessory building is attached to the principal structure, including carports, it shall be made structurally a part of the principal building and shall comply in all respects with the requirements of this chapter applicable to the principal building. A breezeway, for the purpose of this chapter, is an attachment between the garage or carport and the principal building and shall be considered a part of the principal building.

      (3)   Unenclosed porches and decks shall be considered part of the principal or accessory building(s) and shall be required to meet the minimum requirements of this section.

         (a)   Attached accessory structures shall meet all principal structure setbacks for the district in which it is located.

         (b)   Detached accessory structures shall be located:

            (i)   No closer to the front property line than the front building line of the principal structure.

            (ii)   At least 20 feet from a side street lot line (measured at the eaves).

            (iii)   At least three feet from any rear or interior side lot line as measured from the eaves.

            (iv)   Accessory structures within the AG District shall not be located closer than 25 feet to any side or rear lot line.

         (a)   The size limits listed in this subsection shall not apply to structures accessory to residential uses with three or more units which are required to provide parking spaces listed in § 152.082 Parking and Loading, maintenance buildings, or structures containing common amenities.

         (b)   One structure shall not occupy more than 10% of the lot area. Buildings in excess of 200 square feet shall not be of pole/post type construction.

         (c)   Within the R1 and R2 districts, no detached accessory structures or any combination of detached accessory structures shall exceed 1,000 square feet in area. In addition, the total square footage of a detached and attached accessory structure shall not be greater than the footprint of the principal structure.

         (d)   In addition to the structure listed above, one structure no larger than 200 square feet is permitted.

         (e)   No structure shall exceed 15 feet in height as measured to the peak.

         (f)   No accessory structure shall be permitted if the building coverage on the lot exceeds, or will exceed with the addition of the accessory structure, the maximum lot coverage defined in the district requirements.

      (6)   Cloth, canvas, plastic sheeting, tarps, or similar material, as well as corrugated roofing or siding, are not allowed as primary building material on an accessory structure. This limitation shall not apply to a greenhouse or building used for agricultural purposes in the AG District.

      (7)   Accessory buildings for two-unit (twinhome) dwellings may be located on an abutting lot in the buildable area and/or in the rear yard of a lot, provided that the applicant records a covenant and deeds restriction on the property which will abut the common lot line (zero lot line). Said covenants and deed restrictions shall:

         (a)   Provide access to the abutting property for the adjacent property owner and/or his or her representative for the purpose of construction, reconstruction, repair, and maintenance of either side on the total property; and

         (b)   Provide for necessary encroachments for footings and eaves for said building.

         (a)   On residentially-zoned land, it shall be unlawful to place, erect or maintain any shipping container, wagon, motor vehicle, railroad car, trailer, semi-trailer, truck or similar conveyance which has not been manufactured for use exclusively for mobile recreational purposes as a substitute for an accessory building.

         (b)   On lands within a non-residential zoning district, it shall be unlawful to place or erect any semi-trailer or similar conveyance as a substitute for an accessory building used exclusively for storage purposes after May 31, 2002 with the following exceptions:

               b.   All such semi-trailers or similar conveyances shall be located at least 25 feet from all lands zoned for residential use excluding any street or alley right-of-way and at least ten feet from any other building or structure excluding fences.

               c.   Vertical stacking of shipping containers or similar conveyances shall not be permitted.

               d.   Such semi-trailer or similar conveyance shall be kept in good repair and condition so as not to constitute a nuisance or unsightly condition.

      (1)   Industrial and commercial establishments and the buildings, structures, and land used by

such establishments shall be required to comply with all requirements in the State Building Code that may provide protection against accidents and the results of accidents or improper treatment of actual or potential hazardous materials.

      (2)   Storage areas for actual or potentially hazardous materials shall be protected from unauthorized or forced entry. Storage areas shall be fenced and locked and buildings and structures shall be locked or otherwise protected from unauthorized entry.

      (3)   Property, buildings, or structures on which actual or potential hazardous materials are stored shall be required to control potential runoff of hazardous substances in the case of an accident.

      (4)   All industrial or commercial establishments handling actual or potential hazardous materials shall be required to report to the Byron Volunteer Fire Department and Olmsted County Sheriff's Department on a periodic basis and at least one time each year the actual or potential hazardous materials to be located on this property. This requirement should allow the Fire Department and Sheriff's Department to react to accidents in a timely fashion and in a manner that will protect to the fullest extent possible fire and police personnel and citizens of Byron.

      (5)   The City Council may require that concentrations of actual or potential hazardous materials in storage be limited to safe levels where, if accidents occur or materials are improperly managed, the impact of hazardous materials will be minimal to the surrounding properties and permit safety personnel to control such impacts.

      (6)   Gas/service stations shall be exempt under this section of this chapter. However, such uses shall be required to meet state laws and regulations and all other requirements of this chapter, including § 152.080 Environmental Performance Standards.

      (7)   All related Minnesota and federal laws and regulations addressing a hazardous material shall be complied with.

      (1)   In general, a home occupation shall be conducted such that the average neighbor under normal circumstances would not be aware of its existence other than for a name plate or sign as permitted in this division.

         (a)   Animal kennels.

         (b)   Business that rents vehicles or equipment, such as trailers.

         (c)   Handicraft and/or artisanal services which routinely produce objectionable light, glare, noise or vibration.

         (d)   Dispatch where persons come to a site and are dispatched to other location.

         (e)   Excavating.

         (f)   Firearm training or instruction.

         (g)   Funeral chapel.

         (h)   Large volume sales, wholesaling, storage and warehousing.

         (i)   Medical/dental office which require the disposal of biohazardous waste.

         (j)   Repair or painting of motorized vehicles, trailers, boats, or lawn equipment.

         (k)   Tow truck.

         (l)   Welding or machine shop.

      (4)   Family child care is not considered a home occupation.

         (a)   There shall be no mechanical equipment or machinery used for the home occupation other than is usual, customary, and incidental to the residence for domestic or hobby purposes.

         (b)   The use shall not create odor, dust, noise, electrical disturbances, glare, vibrations or other hazards or nuisances noticeable outside of the dwelling.

         (c)   The home occupation shall occur primarily indoors. Any outdoor activity related to the home occupation shall be limited to the hours of 7:00 a.m. and 10:00 p.m.

         (d)   There shall be no outside storage of material or equipment or display of merchandise.

         (e)   Commodities may be sold as part of the home occupation but shall be only a minor and insubstantial part of the total home occupation.

         (f)   The home occupation shall meet all applicable building and fire codes.

         (a)   No person other than those who customarily reside on the premises shall be employed.

         (b)   The home occupation shall be conducted entirely within the principal dwelling and shall not be conducted in attached garages or accessory buildings. No more than 25% of the gross floor area of the principal dwelling shall be used for the home occupation.

         (c)   The use shall not require substantial interior or external alterations or involve construction features not customarily found in dwellings.

         (d)   The operation of any wholesale or retail business shall not be permitted unless:

            (i)   It is conducted entirely by telephone, mail or electronic medium;

            (ii)   The business operation does not include the sale of equipment or delivery of merchandise to the premises.

         (e)   The home occupation shall not create a parking demand of more than two vehicles at one time.

         (f)   The home occupation shall not create a demand for on-street parking. All parking associated with the home occupation shall be off-street and shall be accommodated within the garage and the existing driveway area.

         (g)   There shall be no exterior display or signs which are visible from outside the building.

         (a)   The conditions of division (5), above, shall be satisfied.

         (b)   All activity on the premises associated with the home occupation shall not cause any adverse changes to the residential character of the neighborhood.

         (c)   Any exterior changes necessary to conduct the home occupation are sufficiently screened, properly designed, or separated by distance so as to be consistent with the existing adjacent residential uses and compatible with the residential occupancy.

         (d)   Any interior changes necessary to conduct the home occupation shall comply with all building, electrical, mechanical and fire codes governing the use of the use in a residential occupancy.

         (e)   Traffic generated by the home occupation shall involve vehicle types and volumes that are typically associated with single unit residences and such traffic shall not constitute a nuisance or safety hazard.

         (f)   No sign shall be allowed other than one unilluminated sign measuring not more than one and one-half square feet in area attached to the principal building or near the dwelling entrance.

         (g)   Any wholesale or retail sales must be incidental to the home occupation or low volume sales restricted by appointment.

         (h)   An attached or detached accessory structure may be used for the home occupation provided the use does not occupy required parking.

      (1)   The mobile food unit shall obtain written approval from the property owner on whose property the MFU is to be parked. If the mobile food unit will be located on property owned by the city, approval by the City Council is required.

      (2)   Mobile food units may be operated on private property only for the purpose of catering private events.

         (a)   The mobile food unit shall only provide or sell food and/or beverage to people attending the private event.

         (b)   The food truck shall be located entirely on the property owned by the person or persons holding the event.

         (a)   No portion of the mobile food unit shall extend onto any right-of-way.

         (b)   Mobile food units shall not park in or in any way block or infringe on drive aisles, sidewalks, access to loading/service areas, emergency access, fire lanes, or driveways serving adjacent properties.

      (1)   Outdoor display of retail items shall not be permitted in the public right-of-way.

      (2)   Outdoor display areas shall not be located so as to block pedestrian walkways, doorways, parking stalls, or drive aisles (including access for emergency services). Five feet is the minimum width required to maintain pedestrian access.

      (3)   Outdoor display areas shall be limited to products for sale and shall not serve as a storage area for inventory.

      (1)   Outdoor storage shall not be located in the front yard.

      (2)   The outdoor storage of lumber, coal, or other combustible material shall be not less than 25 feet from an interior lot line.

      (3)   The outdoor storage use shall be completely screened. Outdoor storage of junk, wrecked vehicles to be dismantled or other salvage materials shall be enclosed by an eight-foot permanent fence or combination of fence and other structures that entirely blocks the view of the storage area from the public and adjacent property owners located in other than the Industrial District.

      (4)   No material shall be piled on open ground.

      (1)   One temporary building for the incidental sale of agricultural produce shall be located not less than 20 feet from the front lot line and not less than 25 feet from a residential district and provided that the required number and space for patron parking 20 feet from said front lot line is provided.

      (2)   A transient merchant permit shall be obtained from the city for any produce stand use located within the Commercial District.

      (1)   A secondary farm dwelling in the form of a manufactured home shall be permitted if located on the same lot as the farm dwelling of a farm. The secondary farm dwelling shall house only family members or person or persons employed on the farm.

      (2)   The dwelling shall adhere to Olmsted County Health Department regulations pertaining to the sewage system or shall meet all city requirements for connecting with the city sewer system.

      (1)   The maximum number of overnight guests will be limited to two times the number of bedrooms rented plus one.

         (a)   The dwelling must be connected to sewer and water.

         (b)   Rooms used for sleeping shall have an egress window and functioning smoke detectors.

         (c)   The guest(s) must have access during their entire stay to a full bathroom, including sink, toilet, and tub or shower.

         (a)   All STVR parking must be accommodated on improved surfaces on the premises. No on-street parking is allowed for guests.

         (b)   Where the property owner resides on the premise, additional off-street parking shall be provided to accommodate both the principal use and the STVR use.

      (4)   If not residing on the property, the property owner or manager/representative must be located within 30 miles of the property. The property owner shall maintain with the city the contact information for the local contact or managing agent for the property.

      (5)   A guest record must be maintained, including the name, address, phone number, and vehicle license plate information for all guests. This record must be provided to the city within 48 hours of a request for the guest record.

         (a)   The name, phone number and address of the owner, operating lessee or managing agent/representative;

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

         (c)   The maximum number of vehicles allowed at the property and where they are to be parked;

         (d)   City nuisance ordinances requirement that noise levels be reduced between 10:00 p.m. and 7:00 a.m. on weekdays and midnight to 7:00 a.m. on weekends and that this will be enforced by the Olmsted County Sheriff’s Department; and

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

      (7)   All garbage must be kept in rubbish containers issued by a contracted collection service.

      (8)   No sign shall be allowed other than one unilluminated sign measuring not more than one and one-half square feet in area attached to the principal building or near the dwelling entrance.

      (1)   Applicants requesting a building permit for a WECS shall furnish such scale drawings and information as the city deems necessary. This information shall include, but is not limited to, the following:

         (a)   A site plan of the premises involved showing lot lines;

         (b)   The accurate location of all buildings or structures on the premises and on each adjacent lot;

         (c)   The location of proposed tower and all guy wires, poles, or anchors; and

         (d)   A sketch elevation of the premises accurately depicting the proposed tower and its relationship to structures on adjacent lots.

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

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

         (b)   A maximum of 100 feet in the agricultural and industrial districts and 50 feet in residential and commercial districts. The shortest height of the two above mentioned methods shall be used in determining maximum height. Height shall be measured from the surrounding grade to the rotor hub or top of the tower whichever is higher.

      (3)   No part of the WECS shall be located within or above any required front, side, or rear yard.

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

      (5)   All WECS shall be designed to meet the following minimum standards:

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

         (b)   The WECS shall have an automatic braking device capable of halting operation in conditions of imbalance or excessive wind speeds (40 m.p.h. or greater);

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

         (d)   The WECS blade design and materials shall be adequate to ensure safe operation in an urban area:

         (e)   The wind turbine and the tower shall be compatible;

         (f)   The WECS shall be operated and maintained in a condition which will not exceed the noise level prescribed by Minnesota State Regulation NPC 1 and 2 Noise Standards and any amendments thereto;

         (g)   The WECS shall be guarded against unauthorized climbing. The first 12 feet of the tower shall be unclimbable by unauthorized persons by design or be enclosed by a 6-foot high, non-climbable fence with a secured access;

         (h)   The WECS shall be designed and installed to withstand natural lightning strikes;

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

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

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

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

      (1)   Roof-mounted solar energy systems shall be considered part of the roof and shall meet all applicable requirements.

      (2)   Ground-mounted solar energy systems shall be considered as accessory structures and shall meet all requirements except as provided below:

         (a)   Use of solar energy systems is subject to the constraints imposed by the topography and any existing vegetation or tall structures on adjacent and nearby lots at the time of adoption of this chapter.

         (b)   Such systems may be located closer than six feet to the principal building which the system serves.

         (c)   Solar energy systems shall be exempted from lot coverage restrictions; however, in all residential districts, if the total surface of the solar energy systems is equal to or more than 10% of the lot area, then a conditional use shall be required prior to construction of any system elements.

         (d)   After placement of a solar energy system on a lot, all new vegetation on public lands, including rights-of-way, shall not interfere with the proper and efficient operation of existing solar energy systems on adjacent and nearby private property.

         (e)   As a general policy, reasonable care should be taken to protect the opportunity for the utilization of solar energy systems at all locations where solar energy is available.

         (f)   The city encourages the use of private easements and restrictive covenants as a means to protect access to sunlight. All such documents should be recorded with the Olmsted County Recorder.

         (g)   Where a solar energy system is installed on a lot, a statement to that effect shall be filed and recorded with the Olmsted County Recorder and the date of installation shall be the date of recordation. Furthermore, as a means of evidencing conditions, the owner of a solar energy system may file notarized photographs of the affected area with the city prior to installation of said system.

      (1)   All recreational vehicles shall be required to be parked off of any public right-of-way, and no part of the recreational camping vehicle shall extend into the public right-of-way.

      (2)   Vehicles which are partially dismantled or do not have a valid state license shall not be stored more than 10 days in a front yard or side yard on an established driveway or more than 30 days in a rear yard.

      (3)   Side yard parking may be permitted where only one side yard is used for recreational vehicle parking, and where a vehicle is parked between the side lot line and the principal building, the vehicle shall be no closer than three feet to the side yard line.

      (4)   Front yard parking may be permitted where the vehicle is not parked between the principal building and the front lot line.

      (5)   In PUDs, there shall be provided a separate area to be used for parking, indoors or outdoors, of the occupant's recreational vehicles. Such storage shall have the parking spaces marked and be suitably landscaped so as to be harmonious with the rest of the development.

      (6)   In twinhome developments, parking in the side yard shall be permitted only in an area that is a minimum of 15 feet from the side lot line and meets the requirements of provision (4) and the parking area shall be suitably landscaped so as to be harmonious with the rest of the development.

         (a)   A public pool shall be defined as any pool other than a private residential pool that is:

            (i)   Open to the public generally, whether for a fee or free of charge;

            (ii)   Open exclusively to members of an organization and their guests;

            (iii)   Open to residents of a multi-unit apartment building, apartment complex, residential real estate development, or other multifamily residential area;

            (iv)   Open to patrons of a transient accommodation facility; or

            (v)   Operated by a person in a park, school, licensed child care facility, residential care home, membership organization, manufactured home park, or political subdivision with the exception of swimming pools at family daycare homes.

         (b)   A person/business wishing to operate a public pool must meet all state and county licensing requirements.

         (a)   A private residential pool shall be defined as a pool connected within a single-unit or two-unit dwelling, located on private property under the control of the homeowner, the use of which is limited to residents or the residents’ invited guests. A private residential pool is not a pool used as part of a business.

               a.   The pool or spa pool shall be equipped with an automatically retractable type ladder, a retractable ladder or removable ladder, or shall be fenced in accordance with (i) above. Said ladder is to be removed or retracted when the pool is not being attended.

               b.   If access to the pool or spa pool is via a deck or porch, then no access from the ground is permitted to the deck area unless the property or the ground access to the deck is fenced in accordance with (i) above.

               a.   It shall be the responsibility of the property owner upon where said pool or spa pool is located to maintain all fences, gates, and closure devices in good operating condition.

               b.   Failure to maintain fences, failure to have gates closed, or failure to either remove or retract the ladder access to the pool or spa pool shall constitute a violation of this chapter and therefore be subject to the penalties contained in § 152.108 Administration.

            (iv)   All fences shall be constructed so as not to be easily climbable, and generally to prevent children from gaining uncontrolled access. Property owners that opt for chain link fencing must utilize at least a number eleven gauge woven wire mesh corrosion-resistant material.

            (v)   Fence posts must be decay or corrosion-resistant and must be set in concrete bases or other suitable material.

            (vi)   Fences shall be constructed so as not to have openings, holes, or gaps larger than four inches in either vertical or horizontal direction.

            (i)   All fence openings and points of entry onto a pool shall be equipped with gates or doors. All gates or doors shall be equipped with self-closing and self-latching devices placed at sufficient height so as to be non-accessible to small children.

            (ii)   If the gate latch is mounted less than 54 inches from the bottom of the gate, it must be mounted on the pool side of the gate, a minimum of three inches down from the top of the gate and have no space greater than ½ inch within 18 inches of the latch.

            (iii)   Gate latches 54 inches or greater above the bottom of the gate may be mounted on the outside of the gate.

      (1)   No sale or event shall be held without first obtaining a permit.

         (a)   The applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event.

      (2)   The businesses in all Commercial and Industrial zoning districts as well as each public and institutional conditional use in residential districts shall be allowed six temporary outdoor promotional or sales event special events per calendar year.

         (a)   Each special event shall not exceed 10 days and shall not be extended for more than three consecutive time periods for each business.

         (b)   Once the time period has expired for the special event, the business shall wait the same number of days for which the permit was issued to start a new special event.

      (4)   Outdoor signage for the temporary sale or event shall be allowed as specified in § 152.130 Temporary Signs.

(Ord. 2023-02, passed 5-9-23; Ord. 2025-02, passed 1-14-25; Am. Ord. 2025-10, passed 9-9-25)