The regulation set by this Ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

   A.   Buildings, Structures, Land Use. No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations of this Ordinance.

   B.   Yard. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirement set forth herein.

   C.   Property Access.

      1.   Except as otherwise provided in below, any structure erected or moved for use as a dwelling unit or with a replacement cost in excess of two thousand dollars ($2,000) shall be easily accessible to fire and other emergency equipment, and shall be on a lot adjacent or with access to a public street, or with access to an approved private street unless specifically allowed by City Code.

      2.   The City Engineer shall review all commercial site plans for new or modified access to public roadways and recommend access pavement width, the angle of intersection, the location and separation of access points and the radius of curbed accesses.

      3.   In general, driveway accesses shall be spaced and separated from other accesses and intersections in a manner consistent with the Anoka County Access Spacing Guidelines and/or the City’s spacing guidelines depending on jurisdiction of roadway.

      4.   The Fire Code Official shall review all site plans for new or modified commercial/industrial development and comment on access requirements to and around building to ensure proper access for emergency response vehicles.

      5.   Fire apparatus access shall be provided in accordance with Uniform Fire Code for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility.

      6.   In the Rural Residential District, a lot that has no frontage on a public road or street may obtain a building permit for a single family dwelling and accessory buildings if the lot has frontage on a driveway for which all of the following conditions have been meet:

         a.   no more than two (2) lots not meeting the frontage requirements of this Section shall be permitted access to the driveway;

         b.   except where alternative agreements are approved by the City Council, all owners of abutting properties of the driveway must enter into a maintenance agreement in which the owners shall covenant to maintain a driveway, consisting of an elevated and well-drained road top, not less 16.0 feet wide, constructed of Class V aggregate (and preferably finished with bituminous surface). The Building Inspector may withhold issuance of a Certificate of Occupancy until the driveway has been constructed to these standards.

         c.   all owners of properties abutting by the driveway enter into a development agreement with the City, including but not limited to the following minimum provisions:

            i.   Granting a sixty-six (66) foot wide right-of-way easement over the driveway to the public, as determined by the City Council.

            ii.   Granting of public drainage and utility, and trail easements over the driveway, as determined by the City Engineer.

            iii.   Agreement to obtain a permit from the City for construction of private improvements according to City standards.

            iv.   Agreement waiving the right to object to the proposed future special assessments for the costs of construction of a public street over the dedicated right-of-way.

            v.   Recording the agreement on the title of the abutting properties.

         d.   For the purposes of lot width requirements, access via a driveway under this provision shall be classified as a private street.

   D.   Traffic. Each proposed use shall not create such a volume of automotive traffic so as to overburden the surrounding road system.

   E.   Temporary Buildings and Structures. Temporary buildings and structures incidental to construction work are permitted, but only for the period of such work.

   F.   Accessory Buildings. No accessory building shall be erected in any required Yard.

   G.   Additional Structures. More than one (1) structure used for a permitted or permissible principal use or customary associated use may be erected on a single lot, provided that yard and other requirements of this Ordinance shall be met for each structure. This Section shall not be interpreted to permit more than one (1) dwelling per Lot.

   H.   Visibility at Intersections. On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such manner as to materially impede vision between a height of two and one-half (2-1/2) feet to ten (10) feet above the centerline grades of the intersection streets in the area bounded by the street lines of such corner Lots and a line joining points along fifty (50) feet from the point of intersection.

   I.   Fences, Walls, and Hedges. Notwithstanding other provisions of this Ordinance, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard providing that driveway entrances are not shielded by fences, walls, and hedges in such a way so as to obstruct the view of a driver entering a public road from the driveway. The finished side of any fence located in a yard area shall face the neighboring property or public right of way. Corrugated metal or plastic fencing is prohibited.

   J.   Off-Street Loading/Delivery. Each building designed or modified to include raised (dock) or at-grade vehicle delivery bays shall include adequate maneuvering and parking areas sufficient to eliminate any vehicle maneuvering or parking in public rights-of-way or occupying required parking areas. All raised (dock) delivery areas shall be appropriately screened from public street and all residential land uses.

   K.   Required Residential Screening.  

      1.   A scaled and dimensioned screening plan must be submitted to the Zoning Administrator prior to approval of the following:

         a.   Any new nonresidential use, structure, building addition, site improvement, or land use change that occurs on a property located within a non-residentially zoned district that abuts property located within a residentially zoned district or within 150 feet of an existing residence, including but not limited to:

            i.   outdoor storage, contractor's yard, commercial equipment and commercial vehicles;

            ii.   any new development that requires an interim use permit, conditional use permit, planned unit development or subdivision approval; and

            iii.   outdoor storage areas.

      2.   The screening plan must be reviewed and approved administratively by the Zoning Administrator except where it accompanies a land use application, in which case it shall be reviewed concurrently with that application by the Planning Commission and City Council. The required screening plan shall restrict direct visual access to the nonresidential use or nonresidential property from any residentially zoned property or residence within 150 feet. The screening shall be designed and maintained as follows:

         a.   Required screening shall be a f six (6) feet in height.

         b.   Required screening shall be located entirely within the required setbacks.

         c.   Required screening shall be at least ninety-five (95) percent opaque throughout the year.

         d.   Required screening shall be satisfied by one (1) or more of the following:

            i.   A berm.

            ii.   A decorative fence. For the purposes of this section, a chain-link fence with slats or fabric material is not a decorative fence. The finished side of fence (the side having no structural supports) shall face the residential property. Corrugated metal or plastic fencing is prohibited.

            iii.   A decorative masonry wall.

            iv.   A hedge or plantings that grow to the required height within three (3) years of installation.

      3.   The required screening requirement may be waived by the Zoning Administrator in locations where the minimum separation of non-residentially zoned developable areas and residential zone developable areas is at least one-quarter mile, due to wetlands, public waters, or publicly-owned properties.

The property owner shall be responsible for the restoration or repair of screening that becomes not in compliance with the approved screening plan. Approved screening must be maintained in a reasonable condition and shall not by reason of age, decay, accident, or otherwise be allowed to become and remain in a state of disrepair on noncompliance with the approved screening plan.

   L.   Temporary Family Care Dwelling Unit in the Rural Residential District. The City may grant approval of a temporary family care dwelling unit, in addition to the principal dwelling unit allowed by this Section, following receipt of an application for an Interim Use Permit. A temporary family care dwelling unit shall meet all the requirements of the City Code, but a temporary family care dwelling unit shall not be allowed in a detached accessory structure. Approval of an Interim Use Permit for a temporary family care dwelling unit also requires a finding that no reasonable alternative is available for assisted living arrangements for immediate family members of the owner(s) of such principal dwelling unit.

The following lot and usage standards apply within the respective zoning districts:

   A.   General Requirement. Every Lot without public wastewater treatment shall have at least one (1) buildable area. All buildings, garages, accessory buildings, and individual on-site sewage disposal systems shall be constructed within a buildable area. All drain field sites for Subsurface Treatment Systems (SSTS) shall be staked, fenced, barricaded or otherwise isolated from the site of any construction so that soils in the drain field site are not disturbed or compacted during construction. Accessory buildings constructed on a buildable area separate from the buildable area upon which the principal structure is constructed shall have a buildable area which is two times (2x) the square footage of the lowest floor(s) of the accessory buildings if there is no SSTS needed for the accessory buildings. If there is plumbing in the accessory building, the buildable area shall be increased by 2,000 square feet to accommodate a 20’ x 100’ drainfield.

   B.   Survey Elevations. Semi-permanent elevation markings are required to be placed on the construction site to aid city officials in their determination that the elevation requirements of this Code have been met. It is advisable for the surveyor to place durable markers, e.g., 6 feet or 8 feet steel fence posts, with finish elevations marked on each post, at each corner of the buildable area(s), at two opposite corners or ends of the drain field area(s), and at least one post adjacent to each segment of the driveway(s). If the elevation markings are not present upon the completion of construction, either the Building Inspector or the Zoning Administrator shall have the authority to require an additional survey to verify that the construction elevation requirements of this Code have been met.

   C.   Penalty. Construction elevations in the City of Columbus are critical measurements. During the time period between the placement of the elevation markers by a surveyor and the issuance of a Certificate of Occupancy, any person who moves, alters, or otherwise tampers with construction elevation markers shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or by imprisonment in accordance with the provisions of the City Code.

All new construction in all districts shall be constructed at a reasonably safe elevation above the high water table in order to avoid water seepage problems and in order to provide adequate drainage from the structure to the SSTS.

   A.   Optimum Elevation For New Construction. The optimum elevation for new construction is six (6.0) feet above the level of the high water table as measured to the top of the lowest footing (= bottom of the lowest floor). Construction at or above six (6.0) feet above the high water table is strongly advised. The optimal elevation is shown in Illustration No. 4, Appendix A to Chapter 7A.

   B.   Acceptable Minimum Elevation For New Construction.  

      1.   Except for accessory buildings, the acceptable minimum elevation for new construction is three (3.0) feet above the level of the high water table as measured to the top of the lowest footing (= bottom of the lowest floor), or two (2.0) feet above the designated or designed 100-year flood elevation, whichever is higher, unless evidence is submitted and certified by a geotechnical engineer, at the expense of the developer or property owner, that a lesser separation can be achieved and is warranted, and that evidence is verified by the City Engineer. Where any such geotechnical engineering report is based on piezometer data, the acceptable minimum elevation for new construction shall be four (4.0) feet above the level of the high water table, and said piezometers must be installed on each individual proposed lot for a minimum of twelve (12) months. Any construction below the optimum elevation of six (6.0) feet above the high water table shall require installation of: not less than one sump; one sump pump; and drain tiles either inside or outside all of the footings. The sump pump shall not be connected to the septic system in any manner. Caution: Although a three (3.0) foot minimum separation is acceptable under this Section, current FHA and VA construction standards require not less than four (4.0) feet minimum elevation as measured from the high water table to the top of the lowest footing. The three (3.0) feet minimum elevation required by this Section will meet or exceed the requirements of the Rice Creek Watershed District Regulations as of July 1, 1990. Coon Creek Watershed District and Sunrise River Watershed District do not have independent regulations for minimum construction elevations. The acceptable minimum elevation, sump, and drain tile are shown at Illustration No. 3, Appendix A to Chapter 7A.

      2.   Accessory buildings which have no need for an on-site sewage treatment system and which are constructed on a buildable area which is separate from the Buildable Area upon which the principal structure is built, are not required to have a sump, sump pump, or drain tiles if built at less than the optimum elevation. The acceptable minimum elevation for accessory buildings is two (2) feet above the high water table as measured to the top of the lowest footing.

      3.   Applicants may seek relief from strict application of Section 7A-803(B)(1) by filing an application for an administrative variance following the procedures and criteria of this subsection.

         a.   Criteria. Applicants may request an administrative variance from minimum floor elevation requirements provided that the property is zoned Rural Residential (RR) and the proposed construction meets all the following requirements:

            i.   The minimum elevation of new construction does not result in a minimum elevation less than 18” above mottled soil as determined by at least two soil borings in the immediate area of the proposed construction.

            ii.   The new construction is an addition to or expansion of an existing residential dwelling constructed before 1990; and

            iii.   The applicant agrees to install additional drain tile, as needed, and as approved by the City Engineer.

         b.   Review Procedures. The City Administrator and City Engineer will review administrative variance requests and the City Administrator will make a decision on the application. In order for an administrative variance to be approved, the following findings must be made:

            i.   Practical difficulties exist in complying with the requirements of Section 7A-803(B)(1) based on circumstances unique to the property which were not created by the applicant.

            ii.   The applicant proposes to use the property in a reasonable manner.

            iii.   Granting the variance is in harmony with the purpose and intent of the Zoning Ordinance and consistent with the City’s Comprehensive Plan.

            iv.   The variance, if granted, will not alter the essential character of the neighborhood or City.

         c.   Denial and appeals. If the City Administrator denies the request for an administrative variance, the City Administrator will provide a written notice to the applicant. Any aggrieve person may file an appeal of the decision of the City Administrator regarding an administrative variance application following the procedures as outlined in Section 4-104 of the City Code.

      4.   Fees. Administrative variances fees are set according to the City’s approved fee schedule.

   C.   Driveway Design Requirements. The City Council finds that it is in the public interest to adopt uniform driveway construction specifications. These uniform driveway specifications recognize that most sites for new construction in the City of Columbus will have a high water table lying relatively close to the native surface. It is the intent of the City Council to address public safety concerns by adopting uniform driveway specifications which should allow access to the buildable area by emergency services vehicles (police, fire, ambulance, etc.). It is the further intent of the City Council to address property value concerns by adopting high quality driveway specifications which should foster construction of durable and safe driveways, thereby protecting property values.

      1.   Driveway Required. Every buildable area shall be connected to a public road by a driveway which meets or exceeds the requirements of this City Code. A second buildable area on a lot, e.g., one used for construction of an accessory building, may be connected by a driveway to either the public right-of-way or to the first buildable area on the lot, and such driveway shall meet or exceed the minimum specifications of this Section.

      2.   If a commercial use and residential use share a common driveway, the driveway shall be constructed at the optimum width, not the minimum width, as shown in Illustration No. 5, Appendix “A” of this Chapter 7A.

      3.   Apron. Every driveway shall be connected to a public right-of-way by an apron which meets the design requirements shown at Illustration No. 4, Appendix “A” to this Chapter 7A. Driveway width and the variation in elevation between the road and the lot are factors which determine the length of the culvert which is required under the apron. Exact culvert requirements must be obtained from the City Public Works Department.

      4.   Buildable Area Contiguous with Front Setback. Where the buildable area is contiguous with the front setback, the driveway shall be constructed at a uniform grade from the elevation at the juncture with the apron to the elevation at the front setback.

      5.   Buildable Area Not Contiguous with Front Setback. Where the buildable area is not contiguous with the front setback, the driveway shall be constructed to meet or exceed the minimum specifications of this Section and of Illustration No. 5, Appendix “A” to this Chapter 7A. If the driveway is built at less than the optimum specifications, then the driveway shall include a “turn-around” area in front of the house or principal structure on the lot of not less than 24 feet by 24 feet, constructed and surfaced in the same manner as the driveway.

      6.   Subsurface Correction. The requirement to provide subsurface correction during driveway construction (removal of unsuitable material or placement of fabric mat) shall be determined by the City Engineer exercising professional judgment on a case by case basis.

      7.   Surfacing. If the elevation of the native soils prior to driveway construction is 3.0 feet or more above the high water table, and if the composition of the soils in the driveway area is free of organic soils, then sand or sand-unspecified gravel aggregate is required for surfacing. If the elevation of the native soils prior to driveway construction is less than 3.0 feet above the high water table, then bituminous, concrete or 4 inches of Class V aggregate surfacing is required.

      8.   Illustrations. The illustrations of aprons and driveways, Illustrations Nos. 4 and 5, Appendix “A” to this Chapter 7A, contain additional design requirements and specifications which are incorporated herein by reference. These Illustrations and their design requirements may be modified by City Council resolutions upon the advice of the City Engineer.

      9.   Inspections. Driveway construction shall be monitored and inspected by the Building Inspector. The Building Inspector shall have the discretion to call for additional elevation measurements, soil tests, or other on-site measurements as are necessary to ensure that driveways are constructed according to the standards established by this City Code. In difficult topography or soil conditions, the Building Inspector may consult directly with the City Engineer for professional assistance.

      10.   Variation from Strict Compliance. The City Engineer may exercise professional judgment and authorize some variation from strict compliance with these driveway design requirements for conditions found at the site, provided that the variations result in the construction of a driveway which meets the spirit and intent of this Section.

   A.   Minimum Structure Size: The minimum foundation area shall be one thousand (1,000) square feet for a one-story dwelling, and eight hundred (800) square feet for a dwelling with two or more stories.

   B.   Minimum Structure Width: The minimum dwelling width shall be twenty-four (24) feet at its narrowest point.

   C.   Lot area must have at least one (1) buildable area or future buildable area.

   D.   Foundation Provisions: All dwelling units must have permanent foundations with perimeter frost footings according to the State Building Code.

   E.   Dwelling Unit Wall Provisions: All new dwelling units constructed shall have exterior walls constructed in accordance with the Uniform Building Code and State Energy Code. A dwelling unit constructed elsewhere prior to January 1, 2000 and moved into the City, shall not be considered to be in violation of this provision if it is constructed with not less than two (2) inch by four (4) inch dimension lumber on sixteen (16) inch centers, and otherwise conforms to the Uniform Building Code and State Energy Code.

   F.   Parking: Two (2) off-street parking spaces shall be provided per dwelling unit (minimum). Required parking spaces shall be surfaced with Class V, pavement, an equivalent or more durable material.

   G.   Storage of Certain Vehicles: No more than four (4) vehicles or recreational trailers shall be stored on any residential property, other than in completely enclosed buildings, two (2) of which may be allowed without required license plates, with the exception of licensed antique vehicles which are not required to have license plate. Commercial trailers, such as tractor trailers and large box trucks exceeding 26,000 lbs. shall not be stored on any residential property unless it is accessory to a residential use and located entirely within an enclosed building.

   H.   Animals: Customary farm animals may be housed in the RR District, subject to Minnesota Law and the following provisions:

      1.   Feed lots with ten (10) or more animal units and the raising of hogs or swine are not allowed on parcels of less than twenty (20) acres.

      2.   Commercial boarding of horses shall be subject to the restrictions applicable to Interim Use Permits and Residential Zone Businesses. The keeping of four (4) or more dogs, over the age of six (6) months, requires a Residential Dog Kennel Permit.

      3.   Farm Animal Density: hooved animals. One-half (0.5) habitable acre per Animal Unit shall be required for hooved farm animals, including but limited to horses, cows, swine, sheep, goats, and other non-poultry, non-fowl, non-bird or furbearing animals. Land shall be considered habitable for the purposes of this Chapter 7A if it is fenced as required to restrain the animal, adequately drained so that it is not flooded, and is accessible to the animal at all times of the year other than intermittently due to severe weather.

      4.   Farm Animal Density: non-hooved animals. A maximum of sixteen (16) poultry, fowl, other farm-birds, rabbits and other furbearing farm animals shall be allowed per habitable acre. The maximum number of animals shall apply to animals over the age of three (3) months. Roosters shall only be permitted on lots of five (5) acres or more. Land shall be considered habitable for the purposes of this Chapter 7A if it is fenced as required to restrain the animal, adequately drained so that it is not flooded, and is accessible to the animal at all times of the year other than intermittently due to severe weather.

      5.   Animal Structures. Permanent wood structures or pre-manufactured farm animal structures shall be required for the safe keeping of all farm animals. Animal structures shall not be located closer than one hundred (100) feet from an abutting property residence. Animal structures shall not be allowed in the front yard of any property and shall be set back at least seventy-five (75) feet from the side yard and rear yard. Animal structures shall be compatible with standards recommended by the University of Minnesota Extension Service for housing animals.

      6.   Animal Sanitation. Animal structures and outdoor runs shall be cleaned of manure and feed residue as needed. Manure and feed residue shall be disposed of or composted in a manner that does not result in odors or unsanitary conditions impacting neighboring properties.

      7.   Animal Feed and Water. Animal feed shall be kept in secure containers to prevent attraction to rodents or other vermin. Animals shall have daily access to water.

      8.   Slaughtering. Slaughtering of animals, except for personal consumption, shall be prohibited.

      9.   Product Sales. The sale of farm animals, eggs, meat or other animal products shall be compliant with the Minnesota Department of Agriculture Dairy and Food Inspection requirements.

      10.   The keeping of animals is subject to the provisions of Chapter 5 of the City Code: Public Safety and Public Nuisance.

   I.   Parks and Playgrounds: Parks and Playgrounds are allowed in the RR District subject to the following:

      1.   All uses are approved by the City Council.

      2.   Lighted areas shall be located and the source of illumination shielded so that neither the light source nor direct visible rays or glare project beyond the area of the park to be illuminated. In no case shall any light standard be placed closer than seventy-five (75) feet from any adjacent property line, except that a light standard may be erected at or near a driveway or driveway apron where the driveway intersects the edge of the right-of-way.

      3.   At the option of the City Council on such date as the situation may arise, noise buffers may be required to shield adjacent residence(s) from undue noise pollution. This may be in the form of a tall solid fence or heavy vegetation.

   J.   Public Utilities and Public Service Facilities: Public utilities and public service facilities may be allowed as conditional uses in several zoning districts and must adhere to the following additional standards:

      1.   Structures and uses shall be consistent with underlying zoning district dimensional standards.

      2.   All Structures erected, placed, or moved specifically for the operation of the public utility or public service facility shall be completely surrounded or enclosed by a building or security Fence.

      3.   Outdoor mechanical equipment, structures, appurtenances, and parking shall be appropriately screened from adjacent properties and public roads.

      4.   No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors, or air pollutants shall be allowed to radiate across lot lines.

   K.   Cemeteries: May be allowed as a conditional use and must adhere to the following additional standards:

      1.   No cemetery plot or structure shall be placed within fifty (50) feet of any lot line and seventy-five (75) feet from the frontage.

      2.   Cemeteries must be established, operated, and maintained in accord with Minnesota Statutes. Compliance with those statutes shall be a continuing condition of the conditional use permit.

      3.   No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors, or air pollutants shall be allowed to radiate across lot line.

Accessory buildings are permitted, subject to the following general restrictions affecting all accessory buildings on any lot size:

   A.   All accessory buildings subject to the State Building Code shall conform to the Building Code as contained in Chapter 13 of this City Code. Accessory building construction shall consist of either: pole building construction; slab construction; or footing-foundation construction. The walls and roof of any accessory building shall be constructed of durable building materials including wood, metal, stone, brick, or similar material. Accessory structures shall not be constructed with fabric, plastic or vinyl, except as provided in subsection L. below. No vehicle, trailer or manufactured home shall be used as an accessory building.

   B.   Restrictions in this Chapter on the size and placement on the lot of accessory buildings shall not apply on any parcel of twenty (20) acres or larger that is classified as agricultural land for tax purposes and is used for agriculture purposes.

   C.   All accessory buildings shall be same or similar with the dwelling in terms of color.

   D.   Accessory buildings shall be located no closer than 75 feet from any road easement or road right-of-way and no closer than the height of the building or 20 feet from any side lot line, whichever is greater, or the height of the building or 20 feet from any rear lot line, whichever is greater. The placement of an accessory building shall meet the following additional requirements.

      1.   Interior lot. No accessory building shall be located in the required front yard area nor located closer to the road easement line or road right-of-way than the front of the principal structure.

      2.   Corner lot. No accessory building shall be located in the required front yard area nor located closer to the road easement line or road right-of-way line than the front of the principal structure not located closer to the road easement line or road right-of-way line, from which primary access to the principal structure is gained, than the rear of the principal structure. The accessory building shall be located no closer than the required front yard setback line from the road easement line or road right-of-way line, from which no access is gained or from which secondary access to the principal structure is gained.

      3.   Septic System Subsurface Treatment System (SSTS) Area. No accessory structure shall be located within a primary or alternative SSTS Area.

      4.   Garage Placement. All garages must be located within fifty (50) feet of the principal building and must be used as defined in the City Code. Garages will not be included in the total square footage limitations listed in Subsection G of this Section.

   E.   Setback Exception. The setback from the front lot line (measured at the edge of the public right-of-way) may be reduced for an accessory building upon the review and recommendation of the Building Official and City Administrator and based upon compliance with the following criteria:

      1.   The lot size and width are consistent with the standards in the City Code.

      2.   Accessory buildings shall not be placed within the front yard setback (seventy-five (75) feet from the edge of the public right-of-way).

      3.   Fencing, landscaping, or natural vegetation is present between the street and the accessory building, and must be effectively obstructed from views from adjacent residential properties or the right-of-way. “Effectively obstructed” shall mean 80% opaque throughout the year. Screening must be maintained continually and shall be replaced or repaired if destroyed or damaged.

      4.   The placement of the accessory building complies with the minimum well and septic requirements pursuant to Chapter 14.

      5.   The proposed accessory building is designed to be harmonious with the dwelling. The proposed accessory building is constructed with the exterior building materials that are the same or similar style and color of the siding and roofing of the dwelling.

   F.   The size of accessory buildings shall be regulated as follows:

      1.   The maximum square footage of accessory buildings on parcels of less than one acre shall be 1,800 square feet;

      2.   The maximum square footage of accessory buildings on parcels of at least one acre, but less than five acres, shall be 2,700 square feet for the first acre, plus 600 square feet per acre for the remaining acreage or portion thereof. (For example, a parcel that is 1.75 acres in size would be allowed a maximum building floor area of 3,150 square feet based upon the following calculation: 2,700 square feet + (600 square feet x .75) = 3,150.)

      3.   The maximum square footage of accessory buildings on parcels of at least five acres shall be 6,800 square feet for the first five acres, plus 700 square feet per acre for the remaining acreage or portion thereof. (For example, a parcel that is 7.5 acres in size would be allowed a maximum building floor area of 8,550 square feet based upon the following calculation: 6,800 square feet + (700 square feet x 2.5 = 8,550.)1

   G.   All accessory buildings shall have side walls a minimum of eight (8) feet in height and a maximum of sixteen (16) feet in height as measured from the finished floor. For example height shall be measured from the concrete, dirt or gravel along the base of the wall to the bottom of the roof truss. Accessory buildings with taller sidewalls may require structural engineering plans and specifications.

   H.   The square footage of accessory buildings is measured from the footings, outer walls, or support posts, and includes lean-to’s, and car ports. Gazebos, wood sheds, potting sheds, saunas, playhouses, dog houses, and similar accessory structures, except Conex containers and PODS as described herein, not exceeding 200 square feet, are not included in the calculation of permitted square footage for accessory buildings. The square footage of accessory buildings meeting the definition of a private garage will be measured from the roof, excluding the two-foot overhang.

   I.   Accessory buildings for single family detached and single family attached dwellings in the MU-M Mixed Use Medium Density District and MU-H Mixed Use High Density District shall be attached to the dwelling units. Each dwelling unit shall have a minimum of two (2) side-by-side garage stalls with minimum interior dimensions of eleven (11) feet by twenty four (24) feet. Surface parking spaces shall be designed to park one automobile in front of each garage stall. Surface parking spaces shall be at least ten (10) feet by (20) feet in area. Driveway aisles between garages facing one another and sharing a common driveway shall be at least twenty-four (24) feet wide.

   J.   Residential accessory buildings may not be placed between the principal structure and the Ordinary High Water Level (OHWL) in the Shoreland Overlay District (see Chapter 7E Shoreland Management Ordinance for other standards and provisions affecting property located within the Shoreland Overlay District). The requirements in the City Code restricting the location of an accessory building between the principal structure and the road right-of-way or road easement may be waived in the Shoreland Overlay District, provided it is demonstrated to the Zoning Administrator there is no reasonable alternative to locating the Residential Accessory Building between the principal structure and the road right-of-way or easement.

   K.   Multi-modal shipping (Conex) containers or portable on-demand storage (PODS) containers shall be allowed as an accessory building subject to the following:

      1.   The container shall be no more than forty (40) feet in length, and shall same or similar in color with the Dwelling and there shall be no logos or advertising on the exterior of the container.

      2.   The container must be located entirely to the rear of the principal residence and effectively obstructed from views from adjacent residential properties or the right-of-way. "Effectively obstructed" shall mean 80% opaque throughout the year. Screening may include landscaping, fencing or berming or any combination thereof.

      3.   No container shall be located within twenty (20) feet of an adjoining property line.

      4.   No container may be stacked upon another container or combined with another container to increase the width.

      5.   A property owner shall be permitted one (1) container on a property of four and three-fourths (4.75) acres or more.

      6.   The container must be placed on a level non-degradable slab/foundation, and it must be elevated at least six (6) inches above the ground.

      7.   Containers may not be placed on any property approved as part of a planned unit development in which lot averaging was used to create lots of less than five (5) acres, regardless of the subject property's size.

      8.   The temporary placement of containers, not meeting the requirements of paragraphs 1-7, in a front yard or side yard may be allowed by the City Administrator for a maximum of thirty (30) days when used for moving into or out of a dwelling, or for a maximum of ninety (90) days when used for an extensive remodeling project. The maximum timeframe for a container used during remodeling may be extended by the Building Official to coincide with the term of the building permit, not to exceed one hundred eighty (180) days.

      9.   The area of a container regulated under this section shall be counted at two (2) times the actual area when calculating the maximum allowable Accessory Building area on a property.

   L.   Accessory structures constructed with fabric, plastic or vinyl shall be located entirely behind the principal residence and shall not be located within a side yard or rear yard area and shall be effectively obstructed from views from adjacent residential properties or the right-of-way. “Effectively obstructed” shall mean 80% opaque throughout the year. Screening may include landscaping, fencing or berming or any combination thereof.

   M.   No garage, tent, camper, or accessory building shall, at any time, be used as living quarters, temporarily or permanently.

The term “swimming pool” in this section shall include any containers or structures with a water capacity greater than 5,000 gallons and a depth of four (4) feet or greater. Swimming pools are permitted subject to the following conditions:

   A.   Swimming pools shall be permitted only as an accessory use, on the same lot as, and intended for use by the occupants of, an accompanying residential unit or units.

   B.   A Building permit is required, except where specifically exempted by the Uniform Building Code. Compliance with the Uniform Building Code is required.

   C.   The property owner’s application for a building permit shall include a site plan scaled drawing showing the type and size of pool, location of pool, location of house, garage, fencing and other improvements on the lot, location of structures on all adjacent lots, location of filter unit and pump and writing indicating the types of such units, location of back-flush and drainage outlets, grading plan, finished elevations and final treatment (decking, landscaping, etc.) around pool, location of existing overhead or underground wiring, utility easements, trees and similar features, and location of any water heating unit.

   D.   Pools shall not be located within twenty (20) feet of any septic tank/drainfield nor within six (6) feet of any principal structure or frost footing unless the pool is constructed entirely within the dwelling. The edge of the pool shall be located no closer than twenty-five (25) feet from any side or rear lot line, and no closer than eighty (80) feet from the edge of any right-of-way or the front of the house (whichever is greater). The required safety fencing or surrounding structure shall be located no closer than twenty (20) feet from any side or rear lot line and no closer than seventy-five (75) feet from the edge of any right-of-way, unless the entire yard area with the inground pool is enclosed with fencing which meets the safety standards described at Paragraph K(1) below in which case the fence may be located on side or rear lot lines.

   E.   Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.

   F.   Pools shall not be located within any private or public utility, walkway, drainage or other easement.

   G.   In the case of inground pools, the necessary precautions shall be taken during the construction, to:

      1.   Avoid damage, hazards or inconvenience to adjacent or nearby property.

      2.   Assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringements upon adjacent property.

      3.   All access for construction shall be over the owner’s land and due care shall be taken to avoid damage to public streets and adjacent private or public property.

   H.   To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner’s property or into approved public drainageways.

   I.   The filter unit, pump, heating unit and any other noisemaking mechanical equipment shall be located at least fifty (50) feet from any adjacent or nearby residential structure and not closer than ten (10) feet to any lot line.

   J.   Lighting for the pool shall be shielded and directed toward the pool and not toward adjacent property.

   K.   All inground and aboveground pools must have a barrier that meet the requirements of the following standards:

      1.   All inground pools shall be equipped with a non-climbable fence at least four (4) feet in height above grade. The fence shall completely enclose the pool, unless the pool is equipped with a security cover, including a locking mechanism, which shall be closed when the swimming pool is unattended.

      3.   Aboveground pools with an accessory deck, constructed to a height of thirty (30) inches or greater above the surrounding grade and is adjacent to any part of an aboveground swimming pool, shall include on its entire outside perimeter, a three (3) feet higher or greater guard rail or fence. The guard rail shall be constructed so that no open space within it is wider than four (4) inches.

      4.   All entrance or exit gates shall be latchable and lockable and equipped with latching device placed at the top of the gate or otherwise inaccessible to small children.

   L.   Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. Such water shall be subject to periodic inspection by the local health officer.

   M.   All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspections.

   N.   Deviations from these standards for pools accessory to commercial uses may be considered by the City Council as part of the site plan review or conditional use permit review process.

Churches and ancillary facilities operated by a church, such as a private park, a playground, and/or a recreation area, a day care facility, a preschool and/or a school, may be conditionally permitted in the Rural Residential (RR) District according to the conditions and restrictions contained herein. Schools, whether publicly- or privately-owned and operated, and ancillary facilities operated by a school, such as a private park, a playground, and/or a recreation area, a day care facility, and/or a preschool, may be conditionally permitted in the Rural Residential (RR) District according to the conditions and restrictions contained herein. The church and school ancillary facilities listed above are deemed to be compatible with RR zoning. If a church or school is proposed to have ancillary facilities other than those listed above, that church or school will need to be located in one of the commercial zones.

   A.   Setbacks shall not be less than seventy-five (75) feet from right-of-way.

   B.   Side yard setback shall be not less than twenty (20) feet.

   C.   Lighted areas shall be approved prior to development and shall be placed in such a way that they do not infringe upon the rights of adjacent property owners. In no case shall any unshielded light standard be placed closer than seventy-five (75) feet from any adjacent property line. Light standards with lights shielded to prevent direct lighting of adjacent properties may be placed as close as twenty (20) feet from a property line.

   D.   No parking area shall be located within twenty (20) feet of lot lines.

   E.   No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors, or air pollutants shall be allowed to radiate across lot lines.

   F.   Off-Street Parking requirements:

      1.   Churches: at least one (1) parking space for each three (3) seats based on the design capacity of the main assembly hall.

      2.   Schools (elementary and middle school): at least one (1) parking space for each classroom plus one (1) additional space for each employee. Sports facilities will require additional parking.

      3.   Schools (high school through college): at least one (1) parking space for each ten (10) students based on design capacity plus two (2) additional spaces for each classroom. Sports facilities will require additional parking.

   G.   Structures shall be designed and the grounds shall be landscaped so as to be harmonious with the neighborhood and with the district. Where existing residential uses on adjoining properties are sited at the side yard setback, the landscaping shall include landscape screening (fencing, earthen berms, trees, and shrubs, etc.) sufficient to protect the privacy of the adjacent residential use.

   H.   A water meter shall be installed for the purpose of determining that the use is in compliance with regulations regarding the capacity of subsurface treatment systems contained in Minnesota Rules, Chapter 7080, and City Code, Chapter 14. If the use is not in compliance with such regulations, the City Council may order the owner to bring the individual sewage treatment system into compliance within a reasonable period of time, not to exceed one (1) year.

   A.   Rural Residential District. The keeping of four (4) or more dogs, over the age of six (6) months, requires a Residential Dog Kennel Permit. The property acreage determines the maximum number of dogs allowed.

      1.   Residential Dog Kennel. A Residential Dog Kennel Permit is required for keeping four (4) or more dogs, over the age of six (6) months. A maximum of ten (10) dogs are allowed in a Residential Dog Kennel. A Residential Dog Kennel Permit does not preclude the permittee from selling offspring, but does not allow boarding of dogs for a fee. Performance standards for a Residential Dog Kennel Permit include the following:

         (a)   A Residential Dog Kennel is permitted under procedures prescribed in subsection 2. below.

         (b)   The maximum number of dogs, over the age of six (6) months, allowed in a Residential Dog Kennel is based upon the following residential property acreage:

               Less than 4 acres   4 dogs

               4 acres or more and less than 6 acres   6 dogs

               6 acres or more and less than 8 acres   8 dogs

               8 acres or more   10 dogs

         (c)   All dogs kept in a Residential Dog Kennel require up-to-date rabies vaccinations.

         (d)   All dogs in a Residential Dog Kennel allowed out of doors must be contained on the permittee's property by a security fence, an electronic or "invisible fence," a tether, a leash, or under supervision and voice control.

         (e)   Dogs kept out of doors unattended for six or more hours shall be provided adequate shelter, which keeps the dog dry, allows the dog to retain body heat, and is large enough to stand, turn freely, and lie down in a natural position.

         (f)   Dog houses, cages, tethers, runs, or other out of doors containment areas shall be kept a minimum of seventy-five (75) feet from all property lines.

         (g)   Dog houses, cages, tethers, runs, or other out of doors containment areas may be allowed between the street and the principal building, only when there is fencing, landscaping, or natural vegetation which provides at least eighty (80) percent screening of the out of doors containment areas year round.

         (h)   Dog houses or pens that are enclosed within a principal building or authorized accessory building shall meet the setback required for the principal building or accessory building.

         (i)   Dog houses, cages, tethers, runs, or other out of doors containment areas shall be screened from any existing adjacent residence within one hundred fifty (150) feet. Adequate screening shall mean a privacy fence or landscaping sufficient to prevent views from neighboring residences to out of doors dog containment areas.

         (j)   Dogs shall have access to clean water at all times.

         (k)   Dogs shall be fed nutritious foods on a daily basis.

         (l)   Feeding times may be regulated in the Residential Dog Kennel permit.

         (m)   Food and water supplies and containers shall be kept in sanitary conditions.

         (n)   Dog food shall be kept in locations and containers sufficient to prevent vermin infestation.

         (o)   All dogs, including those under the age of six (6) months shall be kept in safe conditions and treated in a manner promoting the dogs' health and comfort.

         (p)   Dog excrement shall be removed and disposed properly from out of doors containment areas on a regular basis to prevent odor and infestation.

         (q)   Commercial Breeders shall keep and provide for dogs in a manner consistent with the Minnesota Department of Agriculture's "Best Management Practices for Care of Dogs and Cats by Dealers, Commercial Breeders, and Brokers," pursuant to 1994 Minnesota Laws, Chapter 642, Section 8, as may be amended from time to time.

         (r)   All other applicable requirements and provisions for animal control, as described in Chapter 4 of the City Code, shall be met.

         (s)   Dogs shall not be allowed to habitually bark and cause a public nuisance, as described in Chapter 5 of the City Code.

         (t)   Dogs shall be kept in compliance with all other federal, state and local laws, rules, regulations, guidelines, and ordinances.

         (u)   Permittees shall allow City personnel and its agents access to the kennel facilities at any time, upon reasonable notice, to inspect the facilities.

      2.   Dog Kennel Permit. Residential Dog Kennels in the Rural Residential District are permitted according to the following procedures and criteria:

         (a)   Dog Kennels are permitted under the Interim Use Permit procedures prescribed in the City Code.

         (b)   Applications for a Dog Kennel Permit shall include written and graphic information sufficient to address the performance standards for a Residential Dog Kennel.

         (c)   Applications for a Dog Kennel Permit shall include a written description of measures proposed for animal safety during emergencies that occur when the facility is unattended.

         (d)   Issuance of a Dog Kennel Interim Use Permit is not a substitute for or intended to replace other applicable requirements for permits, licenses or regulations by federal, state, or other units of government.

         (e)   Dog Kennel Interim Use Permits are valid for a maximum of ten years, subject to administrative annual review and a 5-year, mid-term administrative review. Annual reviews shall include, but may not be limited to, the determination of the number and identification of dogs in the kennel and verification of up-to-date rabies vaccinations for all dogs. The 5-year, mid-term review shall include the determination that the kennel has operated in compliance with the conditions established for the kennel and that no substantiated complaint has been registered against the kennel. Failure to make such an administrative determination shall be grounds for permit revocation.

         (f)   The permittee shall complete the annual permit review requirements established by the City.

         (g)   Failure of the permittee to complete the annual review requirements within the timeframe required shall be grounds for permit revocation.

         (h)   Kennel operators with prior licenses for dog kennels at the time of this Ordinance shall prepare a Compliance Plan, if the number of dogs allowed under prior licensing exceeds the number of dogs allowed in Section 7A-809 subdivision A. 1. (b). The Compliance Plan shall include the number and adequate identification of all existing dogs and commit to the eventual compliance with the maximum number of dogs allowed on the property through natural attrition of the dogs. The Compliance Plan will be a part of the Dog Kennel Interim Use Permit.

         (i)   Dog Kennel Interim Use Permit fees are intended to cover the City's costs in administering kennel permitting, including at least one on-site inspection.

         (j)   The costs of additional inspections and remedial actions required as a result of prior inspection follow-ups or resulting from complaints about the facility, shall be borne by the permittee.

         (k)   Upon expiration of a Dog Kennel Interim Use Permit, a permittee may reapply for an Interim Use Permit according to the procedures prescribed in this City Code.

         (l)   Violations of the conditions of the Dog Kennel Interim Use Permit shall be grounds for permit revocation.

   B.   Commercial, Mixed Use and Industrial Zoning District. Animal Boarding Facilities, Animal Day Care Facilities, Commercial Dog Kennels and Other Animal Establishments are not permitted in the MU-L, MU-M, MU-H, CC, GC, HC, HR, GB, LI, C/I and C/I-Light Zoning Districts.

      1.   Commercial Dog Kennel. A Commercial Dog Kennel Permit is required for the boarding, breeding, training, and grooming of dogs for a fee in any commercial or industrial district that allows the boarding, breeding, training, or grooming of dogs. Boarding shall include temporary day time care of dogs and overnight care of dogs. A Commercial Dog Kennel Permit is not required for the overnight care of dogs or other domestic animals treated in a veterinary clinic or animal hospital. Performance standards for a Commercial Dog Kennel Permit include:

         (a)   A Commercial Dog Kennel is permitted under procedures prescribed in subsection 2. below.

         (b)   All dogs kept in a Commercial Dog Kennel require up-to-date- rabies vaccinations.

         (c)   The minimum acreage for a Commercial Dog Kennel is determined by the minimum acreage requirements in the underlying zoning district.

         (d)   All boarding pens shall be contained within the principal structure.

         (e)   No more than sixty (60) dogs shall be allowed for overnight boarding in a Commercial Dog Kennel and no more than sixty (60) dogs shall be allowed for temporary day time care. The actual number of dogs allowed shall be based upon the capacity of the principal structure to contain boarding pens, indoor exercise or training areas, grooming areas, and feeding areas.

         (f)   Out of doors exercise areas must be enclosed by security fencing.

         (g)   Dogs in a Commercial Dog Kennel shall only be allowed out of doors under employee supervision, unless otherwise specified in the Commercial Dog Kennel Permit.

         (h)   The city may require screening for out of doors containment areas. Adequate screening shall mean a privacy fence or landscaping or combination thereof.

         (i)   Applicants for a Commercial Dog Kennel Permit shall describe measures for animal safety during emergencies that occur when the facility is unattended.

         (j)   Dogs shall have access to clean water at all times.

         (k)   Dogs shall be fed nutritious foods on a daily basis.

         (l)   Feeding times may be regulated in the Dog Kennel Permit.

         (m)   Food and water supplies and containers shall be kept in sanitary conditions.

         (n)   Dog food shall be kept in locations and containers sufficient to prevent vermin infestation.

         (o)   All dogs, including those under the age of six (6) months, shall be kept in safe conditions and treated in a manner promoting the dogs' health and comfort.

         (p)   Dog excrement shall be removed from indoor and out of doors containment areas on a daily basis. Excrement shall be disposed of in a manner consistent with approved solid waste disposal or by other manner approved by the City.

         (q)   Dogs shall be kept and provided for in a manner consistent with the Minnesota Department of Agriculture's "Best Management Practices for Care of Dogs and Cats by Dealers, Commercial Breeders, and Brokers," pursuant to 1994 Minnesota Laws, Chapter 642, Section 8, as may be amended from time to time.

         (r)   All other applicable requirements and provisions for animal control, as described in Chapter 4 of the city Code, shall be met.

         (s)   Dogs shall not be allowed to habitually bark and cause a public nuisance, as described in Chapter 5 of the City Code.

         (t)   Kennels shall be operated in compliance with all other federal, state, and local laws, rules, regulations, guidelines, and ordinances.

         (u)   Permittees shall allow City personnel and its agents access to the kennel facilities at any time, upon reasonable notice, to inspect the facilities.

      2.   Dog Kennel Permit. Commercial Dog Kennels in the Mixed Use Medium Density District, Mixed Use High Density District, Community Commercial District, General Commercial District, Highway Commercial District, General Business District, Light Industrial District and Commercial/Industrial District are permitted according to the following procedures and criteria:

         (a)   Commercial boarding facilities allowed as a conditional use in any of the commercial and industrial zoning districts shall follow the Conditional Use Permit procedures prescribed in the City Code.

         (b)   Commercial boarding facilities allowed as an interim use in any of the commercial and industrial zoning districts shall follow the Interim Use Permit procedures prescribed in the City Code.

         (c)   Applications for a Dog Kennel Permit shall include written and graphic information sufficient to address the performance standards for a Commercial Kennel.

         (d)   Applications for a Dog Kennel Permit shall include a written description of measures proposed for animal safety during emergencies that occur when the facility is unattended.

         (e)   Issuance of a Dog Kennel Permit is not a substitute for or intended to replace other applicable requirements for permits, licenses or regulations by federal, state, or other units of government.

         (f)   Applicants shall reimburse the City for all out of pocket costs associated with the issuance of the Dog Kennel Permit, facility inspections, and enforcement of the Dog Kennel Permit.

The limited expansion of broadcast towers and supporting antennae, as defined in the City Code, may be allowed in the Rural Residential District pursuant to an Interim Use Permit, subject to the following conditions:

   A.   The broadcast tower shall be located on a lot of no less than five (5) acres.

   B.   Total height of the broadcast tower after expansion, including all attachments and antennae, shall be no greater than five hundred (500) feet.

   C.   The broadcast tower shall have been constructed on its current Lot prior to August 1, 2000.

   D.   The Interim Use Permit shall be valid until for the term of the permit or until the broadcast tower is no longer used for the purpose of broadcasting, transmitting, receiving or relaying radio frequency or telecommunications signals for a period of one (1) year. The City Code shall apply, except where superseded by more restrictive provisions of this section.

   E.   All Federal, State, and local permits and approvals shall be obtained prior to granting the Interim Use Permit, and all conditions of such permits or approvals shall be conditions of the Interim Use Permit. Any violation of Federal, State, or local regulations shall be grounds for revocation of the Interim Use Permit.

   F.   Expansion of accessory buildings or other structures, including fences, shall be prohibited unless necessary to accommodate the broadcast tower expansion.

   G.   Outdoor storage of equipment or vehicles used in the maintenance or operation of the broadcast tower shall be prohibited.

   H.   Fences and structures used in the maintenance or operation of the broadcast tower shall be adequately screened by vegetation.

   I.   Broadcast tower Interim Use Permits shall specify all materials or chemicals used on the lot which are hazardous, controlled, or may pose a threat to residents of the City. It shall be a violation of the permit conditions, and grounds for permit revocation to use, store, or possess any such materials on the lot not specified on the permit.

   J.   For any broadcast tower granted an Interim Use Permit under this section, portions of the broadcast tower above the highest broadcasting, transmitting, receiving, or relaying apparatus shall be removed within one hundred eighty (180) days.

Private streets are allowed when approved as part of a subdivision development in all applicable Zoning Districts. Private streets may be approved only after all owners of benefited properties of the private street enter into a agreement with the City, including but not limited to the following minimum provisions:

   A.   Granting approval of a right-of-way easement over the street to the public or to benefited property owners, as determined by the City Attorney.

   B.   Granting approval of public utility and/or trail easements over the street as determined by the City Engineer.

   C.   Recording the agreement on the title of the benefited properties.

   D.   Agreements to obtain a permit from the City for construction of private improvements according to City standards.

   E.   Agreement providing for the costs of construction and maintenance of the private street by the benefited property owners.

Specific parking requirements may be included within individual zoning district standards. If there is a conflict with differing parking standards anywhere in this Ordinance, the stricter provision shall apply.

   The following minimum areas shall be provided and maintained by ownership, easement or lease, for and during the life of the respective uses hereinafter set forth. The maneuvering areas, access aisles, driveways and parking spaces shall be no closer than twenty (20) feet from the front property line or ten (10) feet to the side and rear property lines. No parking shall occupy public easement areas. Parking spaces shall be a minimum of ten (10) feet by twenty (20) feet in area and served by a twenty-four (24) foot-wide aisle or driveway. One-way parking aisles may be narrower, subject to site plan review and approval by the City Council.

   Access drives and required parking areas for all businesses, residential dwellings with public sewer and water, churches, and schools shall be surfaced with bituminous or concrete. Approved business storage and maneuvering areas, and single family dwelling driveways in the Rural Residential District, may be constructed with all-weather aggregate materials. Authorized drive-through facilities, such as restaurant and drug store drive-up windows and car washes, shall have a minimum stacking area for five (5) vehicles at each window or bay, which does not eliminate or encumber any required parking spaces.

   The general minimum parking requirements, except where specifically listed below, shall be one (1) parking space for each employee plus one (1) parking space for each two (2) invitees or one (1) parking space for each two hundred (200) square feet of gross floor area of retail space, or one (1) parking space for each two thousand (2000) square feet of gross floor area of warehouse space, whichever produces the higher number of parking spaces. The Planning Commission may recommend and the City Council may modify parking requirements or establish parking standards, based upon findings that confirm a different number or configuration of parking spaces are adequate to serve a proposed use or if the use is not listed within these provisions.

   The Planning Commission may recommend and the City Council may reduce parking requirements for uses requiring a Conditional or Interim Use Permit, based upon findings that there is “proof of parking area” availability on the property that could be improved for additional parking in the future and that the City can require such additional parking when it makes findings that additional parking is needed.

   A.   Auto, Marine, and RV Sales and/or Service. One (1) parking space for each two hundred (200) square feet of retail, office and showroom space, plus one (1) parking space for each five hundred (500) square feet of storage and service area.

   B.   Bowling Alleys. At least five (5) parking spaces for each bowling lane, plus additional spaces as may be required for related uses contained within the principal structure such as a restaurant.

   C.   Car Wash.

      1.   Automobile drive through services. Ten (10) spaces plus one (1) space for each employee on the maximum shift.

      2.   Self-Service. Five (5) parking spaces per stall.

   D.   Day Care Facilities and Pre-Schools. One (1) space for each employee on the largest shift, plus one (1) space for every three (3) children or students attending during peak attendance.

   E.   Financial Institutions, Municipal Buildings, and/or Public Office Buildings. One (1) parking space for each two hundred (200) square feet of gross floor area.

   F.   Funeral Homes. Twenty (20) parking spaces for each chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises. Aisle space shall also be provided off street for making up a funeral procession.

   G.   Furniture Stores and Appliance Stores. One (1) parking space for each four hundred (400) square feet of gross floor area.

   H.   Golf Courses. Five (5) parking spaces for each hole on the golf course plus requisite parking for restaurants and banquet facilities.

   I.   Hospitals. Two (2) parking spaces for each patient bed.

   J.   Hotels and Motels. One (1) space for each room plus one (1) additional space for each employee on the maximum shift. Separate parking shall be required for accessory restaurants, bars, taverns, or banquet halls.

   K.   Manufacturing, Fabricating, or Processing of a Product or Material. One (1) parking space for each employee on the largest shift, one (1) space for each company owned truck that is not stored inside a building and guest parking as may be necessary for the business.

   L.   Medical or Dental Clinics, Veterinary Hospitals or Clinics, and Animal Grooming Facilities. One (1) parking space for each employee and two (2) spaces for each patient room or station.

   M.   Motor Fuel and/or Service Stations. One (1) parking space per employee plus four (4) parking spaces for each service stall. Those facilities designed with retail sales shall be required to provide additional parking in compliance with other applicable sections of this Ordinance.

   N.   Offices. One (1) parking space for each two hundred (200) square feet of gross floor area.

   O.   Public Facilities, Public Utilities, Police and Fire Public Safety Facilities. One (1) space per employee on maximum shift, plus one (1) space per utility vehicle or official vehicle.

   P.   Retail Stores, Photography Studios, or Service Shops. One (1) space for each two hundred (200) square feet of floor area for public sales plus one (1) space for each five hundred (500) square feet of service or storage area.

   Q.   Religious Institutions. One (1) parking space for each three (3) seats in the largest assembly.

   R.   Theaters and Other Cultural and Entertainment Facilities. One (1) parking space for each three (3) seats of design capacity.

   S.   Restaurants, Cafes, Bars, Taverns, and Night Clubs. One (1) space for each three (3) seats based on capacity design.

   T.   Rest Homes, Nursing Homes, Convalescent Homes, or Institutions. One (1) parking space for each six (6) beds for which accommodations are offered, plus one (1) additional parking space per employee on the maximum shift.

   U.   Shopping Centers. Five (5) spaces per each one thousand (1,000) square feet of gross leasable floor area (exclusive of common areas).

   V.   Schools (Elementary and Junior High). Two (2) parking spaces for each classroom plus one (1) additional space for each employee. Sports facilities will require additional parking.

   W.   Schools (High School through College). One (1) parking space for each ten (10) students based on design capacity, plus two (2) additional spaces for each classroom. Sports facilities will require additional parking.

   X.   Skating Rinks, Dance Halls, Miniature Golf, Private Clubs, Ice Arenas. Ten (10) parking spaces plus one (1) additional space for each two hundred (200) square feet of floor area devoted to the principal use.

   Y.   Stadiums, Ballfields, and Other Sports Facilities. One (1) parking space for each four (4) Seats of design capacity.

   Z.   Warehouse, Storage, Handling of Bulk Goods. The space which is solely used as office shall comply with office use requirements plus one (1) space for each 2,000 square feet of gross floor area plus one (1) space for each employee on maximum shift and one (1) space for each company owned truck if not stored in the principal building.

All commercial uses, industrial uses, churches, schools, and attached residential uses shall meet the following additional minimum standards.

   A.   Landscaping. The landscaping performance standards for all uses are prescribed in this Code.

   B.   Lighting. All newly installed, repaired, or replaced outdoor lighting fixtures shall include cutoff luminaires and shall be directed away from residential property and public streets in such a way that residential structures shall be shielded from direct rays of light and so as not to exceed an intensity of illumination greater than one-half (1/2) foot-candle (one-half lumen per square foot) measured at the residential property line. The maximum intensity of illumination at any commercial, industrial or institutional property line shall be one (1) foot candle (one lumen per square foot). Cutoff luminaries or shrouding is not required for decorative lighting (e.g., coach lighting or outdoor sconces) within 100 watt or less incandescent bulbs or equivalent lumens.

   C.   Refuse and Litter. All refuse must be stored in a building, a trash transport (dumpster) or in covered cans. The storage area shall be enclosed on all four sides by screening, compatible with the exterior of the building, not less than two feet higher than the refuse container.

   D.   Restaurants, Cafes, and Drive-in Food Establishments. Restaurants, cafes, and drive-in food establishments shall regularly inspect their premises from lot line to lot line, adjacent street, sidewalks and alleys within one hundred (100) feet of the lot and remove any litter found thereon. Upon failure of any food establishment to comply with the requirements of this section, after seven days written notice to the facility, costs of cleanup shall be assessed against the facility which is the source of the litter.

   E.   Speaker Boxes. Speaker boxes used in connection with drive-in food establishments or other businesses shall not be audible on any adjacent property.

   F.   Outdoor Display. Outdoor displays of finished products for direct retail sale are regulated within each specific zoning district, generally through the Conditional Use Permit or Interim Use Permit procedure. All outdoor displays of finished products for direct retail sale are accessory to the principal use. The following exceptions apply:

      1.   Outdoor displays of finished products for direct retail sale are allowed in any district during regular business hours, but must be removed after each business day closing. Such outdoor displays shall be limited to areas adjacent to storefronts, shall not occupy parking stalls or driveways, and shall not inhibit wheelchair accessibility on any sidewalk.

      2.   No outdoor displays shall be located in areas that interfere with site lines necessary for safe vehicular movement on public roads or site access drives.

   G.   Outdoor Storage. Outdoor storage of business supplies, materials, vehicles, and equipment are regulated withing each specific zoning district, generally through the Conditional Use Permit or Interim Use Permit procedure. Outdoor storage areas are limited to side yard and rear yard locations and may require screening from public roadways and adjacent properties. No outdoor storage shall be located in areas that interfere with site liens necessary for safe vehicular movement on public roads or site access drives.

   A.   Noise. Noise shall not exceed the standards promulgated by the Minnesota Pollution Control Agency.

   B.   Smoke and Particulate Matter. Smoke and particulate matter emissions shall not exceed the standards promulgated by the Minnesota Pollution Control Agency.

   C.   Toxic or Noxious Matter. Toxic or noxious matter emitted from, or present at the site of, any use shall not exceed the standards promulgated by the Minnesota Pollution Control Agency.

   D.   Odor. The emission of odorous matter in such quantity as to be readily detectable at any point along lot lines, and as to produce a public nuisance or hazard beyond lot lines is prohibited.

   E.   Fire and Explosion Hazard. Fire and explosion hazards present at the site of, or emitted from any use shall comply with the Minnesota State Fire Code.

   F.   Vibration. No industrial operation or activity (except those not under the direct control of the manufacturer) shall cause at any time ground transmitted vibrations in excess of the limits applicable to construction vibration in the Uniform Building Code.

   G.   Glare or Heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard along lot lines.

   H.   Additional Performance Standards for Research Activities. All research, testing and development shall be carried on within entirely enclosed Buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside of said Building.

   A.   Findings. The City Council finds that:

      1.   The state of Minnesota requires environmental review by the Minnesota Pollution Control Agency of feedlots having more than one thousand (1,000) animal units or more than five hundred (500) animal units in shoreland or floodplain areas, as provided under Minn. Rules § 4410.4300, subpart 29a and 29b, as amended;

      2.   The City’s soils are vulnerable to rapid contamination and spread of pollutants through groundwater; the City’s dominant geographical characteristics are wetland and open water; and the City has a relatively high water table and is topographically level, so that there are very few large tracts where the water table is well below the soil surface;

      3.   Public wildlife space and public waters are a dominant land use; these uses and the wildlife they support contribute significantly to the City’s identity and quality of life;

      4.   The City is, and will continue to be, subject to pressure to urbanize through residential and commercial development;

      5.   Feedlots and other large-scale agriculture have historically not been an integral part of the City’s economy;

      6.   Odor is a natural and unavoidable by-product of feedlots, which has a potential for negative effects on the City’s residents and businesses, and which has the potential to negatively impact the City’s plans for land use and development;

      7.   The City is authorized to adopt land use controls to encourage and regulate the development of property, to mitigate potentially harmful effects on residents and businesses, to protect the public interest, and to promote the health, safety, and welfare of the community;

      8.   Because state law treats feedlots differently from other similar uses of land, it is appropriate and desirable to regulate the use of land by feedlots separately from other land uses that may be sources of odor.

   B.   Feedlot Administration. The Building Inspector shall administer the City feedlot permit program, including the following duties and powers:

      1.   Receive and forward applications for State-administered certificates of compliance and permits together with City recommendations and City-imposed conditions to the Minnesota Pollution Control Agency;

      2.   Oversee the inspection of feedlot operations to ensure compliance with the standards of this Ordinance;

      3.   Consult with County departments, State and Federal agencies, and private consultants as needed to discharge these duties.

   C.   Conditional Use Permits Required. A Conditional Use Permit shall be required for any person owning or operating a proposed or existing animal feedlot having ninety-nine (99) or more animal units if:

      1.   A new feedlot is proposed; or

      2.   A change in operation of an existing feedlot is proposed; a change in operation includes:

         (a)   An increase beyond the permitted maximum number of animal units. The total number of animal units within a feedlot shall be based upon the animal numbers currently within the feedlot plus the animal numbers that will be added through expansion; or

         (b)   An increase in the number of animal units which are confined at an unpermitted feedlot; or

         (c)   A change in the construction or operation of a feedlot that would affect the storage, handling, utilization, or disposal of animal manure; or

      3.   Ownership of an existing feedlot changes;

         (a)   A change in title to animals, animal buildings, or land constitutes a change in ownership; or

         (b)   Lessees operating on leased land shall be considered owners; or

      4.   A National Pollutant Discharge Elimination System (NPDES) permit application is required under state or federal rules and regulations; or

      5.   An inspection by MPCA staff or the City determines that the Feedlot creates or maintains a potential pollution hazard; or

      6.   A permit is required by the MPCA for land application of manure.

   D.   Permit application. A permit application shall include the following:

      1.   Owner’s and operator’s name and address;

      2.   Proposed location of the feedlot including quarter section, range, and city;

      3.   Animal types and maximum number of animals of each type which will be confined at the feedlot;

      4.   A sketch clearly indicating the dimensions of the feedlot and showing all existing homes, buildings, existing manure storage areas and/or structures, lakes, ponds, water courses, wetlands, dry-runs, rock outcroppings, roads, private sewer systems, and wells within one thousand five hundred (1,500) feet of the proposed feedlot;

      5.   Descriptions of the geological conditions, soil types, groundwater elevations, topography, and drainage pattern of the site and surrounding area;

      6.   Plans for buildings and structures as required by this Ordinance or other County and State ordinances and regulations.

      7.   A Manure Utilization Plan including:

         (a)   Manure handling and application techniques;

         (b)   Acreage available for manure application;

         (c)   Run-off potential;

         (d)   Plans for proposed manure storage or pollution abatement structures;

         (e)   Plans for the proper disposal of dead livestock;

      8.   Leases or agreements allowing the applicant to dispose of manure on land other than his own.

   E.   Feedlot Acreage and Setback Requirements.

      1.   Minimum Area. A minimum area of twenty (20) acres or such greater area required to meet all setbacks set forth by the City Code shall be required for feedlot operations.

      2.   Additional Land. The Conditional Use Permit holder shall own or have sufficient additional land under contract to meet the manure utilization requirement for spreading of manure produced in his or her feedlot. The City shall retain copies of all written agreements between the feedlot operators and lessors or any person who permits land manure application and such agreement shall be a condition of the Conditional Use Permit. Each parcel of land subject to agreement shall be limited to one agreement per parcel for a term of not less than three years.

      3.   Building, Holding Basin, Lagoon, and Manure Storage Area Setbacks. Livestock buildings, manure holding basins, lagoons, and manure storage areas shall be constructed, operated, and maintained so as to minimize the aesthetic, health, and odor concerns associated with neighboring properties and land uses. The following setbacks shall apply:

         (a)   Property Lines

            (i)   Rear yard – 100 feet

            (ii)   Side yard – 100 feet

            (iii)   Front yard – 100 feet

         (b)   Neighboring Properties

            (i)   Residence – 1,200 feet. The modifications and/or expansion of existing animal feedlots located within 1,200 feet of an existing dwelling unit shall be allowed if they do not further encroach on the established setback or if a variance for the modification and/or expansion is applied for and approved.

         No permits for a new dwelling unit shall be issued within 1,200 feet of an existing permitted animal feedlot unless the deed for the property clearly states and the owner of the property is informed via Certified Mail that the animal feedlot was in existence prior to the residential property and may continue to operate in accordance with the terms of this Ordinance.

         No permits shall be issued for the construction and/or creation of a new feedlot that is located within 1,200 feet of an existing dwelling other than that of the feedlot owner.

            (ii)   Commercial or Industrial Activity: 1,200 feet

            (iii)   Surface water (Manure Storage Area): 2,400 feet

            (iv)   Public park: 2,400 feet

            (v)   Public or private drainage ditches: 200 feet

            (vi)   Church, synagogue, mosque, or other place of worship, with regularly scheduled services: 1,200 feet.

            (vii)   Cemetery: 1,200 feet

            (viii)   Minimum standards: The standards set above are minimum standards that may be increased by the City Council during the permit issuance process due to concerns or circumstances in a specific Conditional Use Permit application.

      4.   Wetland Setback. No new feedlot shall be permitted within two hundred (200) feet of a wetland as defined in Minnesota Rules Chapter 6120.2500.

      5.   Well Head Protection Areas. Feedlot and manure management practices may be further regulated within Well Head Protection Zones if such zones are established by the City Council.

      6.   Shoreland. New feedlots shall not be located within three hundred (300) feet of a watercourse or lake.

      7.   Prohibited locations of feedlots. No new feedlots shall be constructed within any 100 year floodplain.

   F.   Land Application of Manure. Land application of manure, including injection or any other subsurface application, shall conform to the Minnesota Statutes and Minnesota Pollution Control Agency (MPCA) Regulations. Applications to the Minnesota Pollution Control Agency for application of manure on land in the City of Columbus or from feedlots in the City of Columbus, shall be submitted to the City Building Inspector. The City Building Inspector shall forward the application and comments to the MPCA. The following additional local regulations on land application of manure shall apply:

      1.   Soil Loss in Shoreland Areas. Land application of manure shall not be allowed on soils within shoreland that exceed allowable soil loss as set by the National Resource Conservation Service of the USDA (NRCS) unless a conservation plan that will reduce soil loss to the allowable level is developed and is showing progress towards implementation within one (1) year of issuance of a Conditional Use Permit.

      2.   Slopes In Shoreland Areas. During the period of December 1 to March 31, manure shall not be applied to soils with a slope of greater than twelve (12) percent that are within three hundred (300) feet of a protected water.

      3.   Right-of-Way. Manure shall not be applied to the right-of-way of public roads.

      4.   Lakes. If no potential pollution hazard exists, a minimum distance of two hundred (200) feet shall be maintained between surface applications of manure and all lakes. In cases when manure is injected or immediately incorporated, the separation distance may be reduced to one hundred (100) feet.

      5.   Other Surface Waters. If no potential pollution hazard exists, a minimum distance of seventy-five (75) feet shall be maintained between surface applications of manure and all other surface waters of the City.

      6.   Drainage Ditches. If no potential pollution hazard exists, a minimum distance of one (1) rod or sixteen and one-half (16.5) feet shall be maintained between surface applications of manure and drainage ditches or grassed waterways unless classified as a wetland or protected water.

      7.   Private Wells. If no potential pollution hazard exists, a minimum distance of one hundred (100) feet shall be maintained between surface applications of manure and any private water supply well.

      8.   Public Wells. If no potential pollution hazard exists, a minimum distance of three hundred (300) feet shall be maintained between surface application of manure and any public water supply well.

      9.   Residences. Animal manure shall not be applied within one hundred (100) feet of a residence without injecting or immediate incorporation into the soil unless permission in the form of a written agreement is granted to spread closer by the residents. When determining the distance between a residence and manure application the distance shall be measured from the property lines to manure application.

      10.   Treatment or Disposal. Any manure not utilized as domestic fertilizer shall be treated or disposed of in accordance with applicable State rules.

      11.   Irrigation of Liquid Manure. The application of liquid manure by irrigation is prohibited unless a Liquid Manure Irrigation Plan for the feedlot has been submitted to and approved by the City Building Inspector. The Liquid Manure Irrigation Plan must contain a description of the specific irrigation process proposed, amounts and frequency of application, analysis of the nutrient content of the manure or a proposed sampling schedule for the manure, a description of the land to be used, and a description of the methods to be used to limit aesthetic and odor problems with neighbors. The Building Inspector shall provide the City Engineer with copies of Liquid Manure Irrigation Plans for review and comment before approval is given.

   G.   Manure Storage and Transportation.

      1.   Compliance with State and Local Standards. All animal manure shall be stored and transported in conformance with Minnesota Pollution Control Agency rules 7020 and this Ordinance.

      2.   Potential Pollution Hazard Prohibited. No manure storage area shall be constructed, located, or operated so as to create or maintain a potential pollution hazard unless a certificate of compliance or a permit has been issued by the MPCA.

      3.   Vehicles, Spreaders. All vehicles used to transport animal manure on public roads shall be leak-proof. Manure spreaders with end gates shall be in compliance with this provision provided the end gate works effectively to restrict leakage and the manure spreader is leak-proof.

      4.   Utilization as Domestic Fertilizer. Animal manure, where utilized as domestic fertilizer, shall not be stored for longer than one (1) year.

      5.   Runoff Control Structures. All manure storage areas shall have runoff control structures to contain the liquid.

      6.   Storage Capacity. A Manure Utilization Plan specifying storage capacity adequate for the type and quantity of manure generated by the animal feedlot shall be developed as part of the Conditional Use Permit process.

      7.   Earthen Storage Basin. All proposed earthen storage basins shall be prepared or approved by an engineer licensed by the State of Minnesota or a qualified NRCS employee. A report from an engineer licensed by the State of Minnesota or a qualified NRCS employee verifying that the earthen storage basin was constructed according to the plan must be submitted to and approved by the Building Inspector prior to use of the basin for manure storage.

      8.   Engineer Required. Any plans for manure storage structures of five hundred thousand (500,000) gallons capacity or larger shall have been prepared or approved by an engineer licensed by the State of Minnesota or a qualified NRCS employee. A report from an engineer licensed by the State of Minnesota or a qualified NRCS employee must be submitted to and approved by Building Inspector prior to use of the structure for manure storage.

      9.   Steel Tanks. No steel tanks shall be used for underground manure storage.

   H.   Violations and Enforcement.

      1.   Violations. Any person, firm or corporation who shall violate any of the provisions hereof or who shall fail to comply with any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor. Each day that a violation continues shall constitute a separate offense.

      2.   Enforcement.  

         (a)   Stop Work Orders. Whenever any work is being done contrary to the provisions of this Ordinance, the Building Inspector or City Council may order the work stopped by written notice personally served upon the owner or operator of the feedlot. All activities shall cease and desist until subsequent authorization to proceed is received from the Building Inspector.

         (b)   Revocation. Any person who fails to comply with the conditions set forth on the permit may be subject to revocation upon written notice personally served upon the permittee.

         (c)   Interference Prohibited. No person shall hinder or otherwise interfere with the Building Inspector in the performance of duties and responsibilities required pursuant to this Ordinance.

         (d)   Access to Premises. Upon the request of the Building Inspector and after reasonable notice, the applicant, permittee or any other person shall allow access at any reasonable time to the affected premises for the purposes of regulating and enforcing this Ordinance. Refusal to allow such reasonable access shall be deemed a separate and distinct offense, whether or not any other specific violations are cited.

         (e)   Injunctive Relief and Other Remedies. In the event of a violation of this Ordinance, the City Council may institute appropriate actions or proceedings, including requesting injunctive relief, to prevent, restrain, correct or abate such violations. All costs incurred for corrective action may be recovered by the City in a civil action in any court of competent jurisdiction or, at the discretion of the City, the costs may be certified as a special tax against the real property. These and other remedies, as determined appropriate by the City, may be imposed upon the applicant, permittee, installer, or other responsible person either in addition to or separate from other enforcement actions.

         (f)   Abandonment. Owners and operators of feedlots shall have joint and severable liability for clean-up, closure or remediation of abandoned feedlot sites.

   A.   Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary in order to:

      1.   Facilitate the provision of wireless telecommunication services to the residents and businesses of the City;

      2.   Minimize adverse visual effects of towers through careful design and siting standards;

      3.   Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

      4.   Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennae in order to reduce the number of towers needed to serve the community.

   B.   Interim Use Permit Required. It shall be unlawful for any person, firm, or corporation to erect, construct in place, place or re-erect, or replace any tower without first making application to the City and securing an interim use permit therefore as hereinafter provided. The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons. Routine maintenance of towers and related structures shall not require the issuance of an interim use permit.

   C.   Co-Location Requirements. All commercial wireless telecommunication towers erected, constructed, or located within the City shall comply with the following requirements:

      1.   A proposal for a new commercial wireless telecommunication service tower shall not be approved unless it can be documented by the applicant that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-half (1/2) 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 tower or building, as documented by a qualified professional engineer licensed by the state of Minnesota, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at cost less than one hundred twenty-five percent (125%) of the cost of a new tower.

         (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 electrical engineer licensed by the state of Minnesota and the interference cannot be prevented at a reasonable cost.

         (c)   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 professional engineer licensed by the state of Minnesota.

         (d)   Other reasons affecting technical performance, system coverage, and system capacity which make it impractical to place or locate the planned telecommunications equipment upon an existing or approved tower or building as determined by the City Council during its review of an application for approval of an interim use permit.

      2.   Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant’s antennae and comparable antennae for at least one additional user. Towers must be designed to allow for future rearrangement of antennae upon the tower and to accept antennae mounted at varying heights.

   D.   Tower and Antenna Design Requirements. Proposed or modified towers and antennae shall meet the following design requirements:

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

      2.   Commercial wireless telecommunication service towers shall be of a monopole design unless determined that an alternative design would better blend into the surrounding environment.

   E.   Tower Setbacks. Towers shall conform with each of the following minimum setback requirements:

      1.   At a minimum, towers shall meet the setbacks of the underlying zoning district provided the setback is consistent with the requirements in subsection 3(b) below.

      2.   Towers shall be set back from any property line a minimum distance equal to the height of the tower, except that, upon certification of a professional engineer licensed by the state of Minnesota, the setback may be reduced to the height of the portion of the structure that will remain standing after an event of high winds or similar event because the tower is designed to collapse, fold on itself or curl in such event.

      3.   Towers shall not be located between a principal structure and a public street, with the following exceptions:

         (a.)   In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street.

         (b.)   On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.

      4.   A tower’s setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.

   F.   Tower Height. The maximum height of towers shall not exceed one hundred seventy-five (175) feet in height. Antennae attached to towers may project above the maximum tower height a maximum of ten (10) feet.

   G.   Tower 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. Notwithstanding this provision, the City Council may, in its sole discretion, approve the placement of an antenna on existing or proposed lighting provided that the antenna is integrated with such lighting in a manner which substantially camouflages the antenna array and related facilities.

   H.   Signs and Advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

   I.   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 of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. Accessory buildings shall not be more than two thousand (2,000) square feet in size.

   J.   Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers or portions of towers shall be removed as follows:

      1.   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 Council. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. 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.

      2.   Unused portions of towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation.

   K.   Antennae Mounted on Roofs, Walls, and Existing Towers. The placement of wireless telecommunication antennae on roofs, walls, and existing towers shall be approved by issuance of an interim use permit in the same manner as approval of new towers.

   L.   Interference with Telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications, or private telecommunications, including without limitation, radio, television, and personal communications, in accordance with rules and regulations of the Federal Communications Commission.

   M.   Additional Submittal Requirements. In addition to the information required elsewhere in this Code, development applications for towers and antennae shall include the following supplemental information:

      1.    A report from a qualified professional engineer licensed by the State of Minnesota which (a) describes the tower and antennae height and design including a cross section and elevation; (b) documents the height above grade for all potential mounting positions for co-located antennae and the minimum separation distances between antennae; (c) describes the tower’s capacity, including the number and type of antennae that it can accommodate; and (d) includes an engineer’s stamp and registration number.

      2.   For all commercial wireless telecommunication service towers, 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, including without limitation, reasonable rental rates for such shared use.

      3.   Before the issuance of a building permit, the following supplemental information shall be submitted: (a) a written statement from the applicant that the proposed tower and antenna comply with regulations administered by Federal Aviation Administration.

      4.   A written statement from a qualified electrical engineer licensed by the State of Minnesota stating that use of the proposed tower and antenna will not interfere with established telecommunications.

   N.   Construction Requirements. All antennae and towers erected, constructed, or located within the City, and all wiring therefore, shall comply with the following requirements:

      1.   All applicable provisions of this Code.

      2.   Towers shall be certified by a qualified professional engineer licensed by the state of Minnesota to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association.

      3.   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.   Towers and associated antennae shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.

      5.   All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least six and one-half (6.5) feet above the ground at all points, unless buried underground.

      6.   Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons by erection of a security fence at least six feet in height.

      7.   All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration.

   O.   Existing Antennae and Towers. Antennae and towers in existence as of January 1, 1996, which do not conform to or comply with this Section are subject to the following provisions:

      1.   Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this Section.

      2.   If such towers are hereafter 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 therefore, but without otherwise complying with this Section; however, if the cost of repairing the tower to the former use, physical dimensions, and location would be fifty (50) percent 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 section.

   P.   Lights and Other Attachments. No antenna or tower adjacent to any residential zoning district shall have affixed or attached to it in any way except during time of repair or installation any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow’s nest, or like structure, except during periods of construction or repair. This provision shall not prohibit the attachment of an antenna mounting framework to any tower.

   Q.   Violations. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor.

   A.   Purpose. In order to accommodate the needs of existing and future commercial broadcasters while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary in order to:

      1.   Reserve appropriately located areas for broadcast towers, accessory equipment and structures, broadcast buildings, and related broadcast Uses (such terms being hereinafter defined);

      2.   Provide for the operation and use of broadcast towers, accessory equipment and structures, broadcast buildings, and related broadcast uses pursuant to Interim Use Permits.

      3.   Establish and maintain high standards of construction, maintenance and operation of broadcast towers, accessory equipment and structures, broadcast buildings, and related broadcast uses, while protecting the health and safety of surrounding property users.

   B.   Interim Use Permit Required. It shall be unlawful for any person, firm, or corporation to erect, construct in place, place or re-erect, or replace any broadcast tower without first making application to the City and securing an interim use permit therefore as hereinafter provided. The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the broadcast tower will not create a safety hazard or damage to the property of other persons. Routine maintenance of broadcast towers and related structures shall not require the issuance of an interim use permit.

   C.   Lot size. The property on which the broadcast tower exists or shall exist shall be no less than five (5) acres in size.

   D.   Setbacks. Uses on Property on which an interim use permit for a broadcast tower is granted shall comply with the following setbacks:

      1.   Guyed broadcast tower - minimum setback from the property line shall be as described in the original Interim Use Permit issued hereunder to the property owner.

      2.   Guy wire anchors - minimum setback from the property line for the above ground portion of a guy wire anchor shall be twenty (20) feet; no minimum setback for the below ground portion of a guy wire anchor.

      3.   Self-supporting tower - minimum setback from the property line shall equal the height above ground of the self-supporting tower.

      4.   Outside material and refuse storage - minimum setback from the property line shall be two hundred (200) feet.

   E.   Height. The maximum height of a broadcast tower shall be five hundred (500) feet in height above ground level. The maximum height for any broadcast building shall be thirty-five (35) feet. Accessory equipment mounted on top of a Broadcast Building shall be screened from view from adjacent property or public right-of-way.

   F.   Lot Coverage. The maximum lot coverage of all improvements shall be fifty (50) percent.

   G.   Parking. Parking spaces shall be provided at a ratio of one and one-half (1.5) spaces per employee on the site.

   H.   Outside Material Storage. Any materials, supplies or equipment, other than accessory equipment and structures, stored outside shall be within approved outside storage areas which shall not exceed one thousand (1,000) square feet in the aggregate. Outside storage areas shall be screened and/or fenced as approved by the City Council to minimize the visual impact of the area and the surface shall be maintained in such a manner that dust and other wind generated materials are kept to a minimum.

   I.   Refuse Storage. All waste materials, debris, refuse and garbage shall be properly contained in a closed container designed for such purposes. Said containers shall be stored within a fully enclosed building or in an area screened and/or fenced as approved by the City Council.

   J.   Signs and Advertising. The use of any portion of a broadcast tower for signs other than warning or equipment information signs is prohibited.

   K.   Broadcast Tower Lighting. Broadcast 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 (FAA) or other federal or state authority for a particular broadcast tower. If such lighting is required, then the broadcast tower shall utilize a dual lighting system which includes red lights for nighttime and medium intensity flashing white lights for daytime and twilight use consistent with FAA rules and regulations.

   L.   Abandoned or Unused Towers or Portions of Towers. Abandoned or unused broadcast towers or portions of broadcast towers shall be removed as follows:

      1.   All abandoned or unused broadcast 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 Council. A copy of the relevant portions of a signed lease which requires the applicant to remove the Broadcast Tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a broadcast tower is not removed within twelve (12) months of the cessation of operations at a site, the broadcast tower and associated facilities may be removed by the City and the costs of removal assessed against the property.

      2.   Unused portions of broadcast towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation.

   M.   Required Documentation. The following shall be submitted at the time of application for an Interim Use Permit:

      1.   Site Plan. A plan or plans drawn to scale approved by the City including the following information and detail:

         (a)   A boundary survey of the property.

         (b)   A two-foot contour map of the property.

         (c)   Locations of existing and proposed public utilities and easements, each broadcast tower, accessory equipment and structures, broadcast buildings, related broadcast uses and other uses.

         (d)   Ground elevations for broadcast towers and or accessory equipment and structures.

      2.   Tower Diagram. A detailed drawing of the broadcast tower structure clearly describing the height of the structure and all equipment located on the structure drawn to a scale.

      3.   Structural Integrity Report. A report prepared by a registered engineer stating that the configuration of the tower structure complies with applicable Federal or State of Minnesota safety regulations, or, in the case of the addition or replacement of a broadcast tower described in the original Interim Use Permit issued thereunder to the property owner, a report prepared by a registered engineer stating that the design and proposed method of constructing such added or replaced tower complies with applicable Federal and State of Minnesota safety regulations.

All Slaughterhouses shall comply with State and Federal laws and regulations governing their operations, including Minnesota Statutes Chapter 31 and Title 9 of the Code of Federal Regulations, Part 301 et seq. All Slaughterhouses operations shall obtain, and shall submit to the City, all permits, licenses, and approvals required by federal, state, or local law for the use, including those related to health, safety, and welfare.

   A.   General Applicability.  In addition to where expressly allowed by conditional use permit (CUP), a PUD shall be a conditional use in the following zoning districts: Mixed Use Medium Density (MU-M) District, Mixed Use High Density (MU-H) District, Community Commercial (CC) District, General Commercial (GC) District, Highway Commercial (HC) District, General Business (GB) District, Light Industrial (LI) District, and Commercial/Industrial (C/I) District. PUDs are not allowed in shoreland areas pursuant to Chapter 7E of this code.  The purpose of the PUD provisions is to encourage exceptional development design standards and alternative design opportunities. In general, the standards for development shall be determined by application of the underlying zoning district. In exchange for higher design standards, site preservation techniques, other unique development considerations, and other public benefit, conventional dimensional criteria may be modified or varied. Examples of variations to dimensional standards include reductions in minimum lot areas, lot widths, and setbacks. Except where expressly otherwise stated herein, the PUD provisions are not intended to modify minimum open space requirements, the density of residential dwellings, minimum design standards or requirements for the use or district, utility requirements, landscaping requirements, minimum structure separation, garage or parking requirements, or the quality of the appearance or construction of residential or commercial development. The following provisions apply to all PUD applications:

      1.   Procedure. A complete Conditional Use Permit application must be made to the City for PUD consideration. The application shall include a subdivision site plan, when applicable, and written narrative of the proposed development. The Planning Commission and City Council must evaluate the application and make a determination on the merits of the proposed project as a PUD, based upon the conditional use permit standards in the City Code. The PUD procedure may occur concurrently with the platting procedures prescribed in Chapter 8 of the City Code. If the PUD is approved by the City Council, the City shall issue a conditional use permit to the applicant, including conditions of approval, and record it with the Anoka County Recorder.

      2.   Application Materials; Procedure. An applicant shall make an application for a PUD as a conditional use permit subject to the required materials and procedure described in the City Code. In addition, all PUD applications shall be consistent with the following submittal requirements and procedures:

         a.   The application shall include a written narrative of the proposed development, including all city code provisions for which flexibility is requested. The application shall include a site plan depicting the proposed development and, where applicable, provide details regarding lighting, security, stormwater treatment, open storage locations and details, truck turning movements, refuse and waste disposal, and any other information deemed necessary by the Zoning Administrator.

         b.   The application shall include a written copy of the homeowners' association documents, if applicable. Such documents shall include provisions governing the maintenance of common areas, including, if applicable, private streets.

         c.   When necessary, the application shall be accompanied by a Preliminary Plat of the proposed development, consistent with the application requirements of the Subdivision Regulations (Chapter 8, Columbus City Code).

         d.   The application shall be presented at a City staff meeting to review preliminary PUD eligibility and consistency with City Code requirements and provide comments to the application.

         e.   The PUD application and Preliminary Plat shall be reviewed concurrently at a City Planning Commission hearing, consistent with the procedures for a review of a conditional use permit.

         f.   If the PUD is approved by the City Council, the City shall issue a conditional use permit to the applicant, including conditions of approval, and record it with the Anoka County Recorder.

         g.   When a plat is required, after approval of a Preliminary Plat and PUD, application shall be made for a Final Plat, consistent with the PUD, Preliminary Plat, and documentation required in the Subdivision Regulations.

         h.   Review and approval of the Final Plat does not require review and recommendation by the Planning Commission, unless the Final Plat is not consistent with the approved PUD and Preliminary Plat.

   B.   General PUD Standards. The following will apply to all PUD applications:

      1.   Uses. The uses allowed in a PUD in the Mixed Use Medium Density (MU-M) District, Mixed Use High Density (MU-H) District, Community (CC) District, General Commercial (GC) District, Highway Commercial (HC) District, Genera Business (GB) District, Light Industrial (LI) District, and Commercial/Industrial (C/I) District shall be limited to the permitted and conditional uses as described in the underlying zoning district except as limited by City Council action.

      2.   Private Streets. Whenever it does not contradict the provisions of this Ordinance as it relates to an adopted transportation plan or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in the application, streets which are intended to be kept continuously closed to public travel or that are at all times posted as private streets may be retained as private streets and made a part of the PUD, provided a homeowner association agreement acceptable to the City contains provisions for street maintenance and replacement, and all private streets are constructed according to standards approved by the City.

      3.   Outlots or Common Open Space. No outlots or other remnants of land shall be included in any plat, except outlots with public access and future development potential.

      4.   Development Agreement. Any approved PUD shall require a development agreement between the applicant and the City to ensure the approved PUD is constructed and maintained as approved, including but not limited to installation, design, and maintenance of streets, utilities, amenities, or other aspects of the PUD. Any such development agreement shall be recorded against all parcels within the approved PUD.

      5.   Phasing. A PUD may be developed in a multiple phases, but not to exceed twenty-four (24) months.

      6.   Dimensional Requirements. In A PUD containing more than one land use, individual uses shall be subject to minimum lot area, lot width, setbacks, height, floor area ratio, lot coverage and other dimensional standards as required under the underlying district, except where deviations are approved by the City Council.

   C.   Specific PUD Standards. Specifics PUD standards shall apply for PUD applications as follows:

      1.   Rural Residential (RR) District PUD. Residential PUD developments in the RR District are subject to the following standards:

         a.   Lot Averaging. All of the land within a development shall be subdivided into individually-owned parcels, except authorized outlots, and the average lot size within every development shall be no less than five (5) acres, less dedicated right-of-way.

         b.   Flexible Dimension Standards. The following minimum dimensional standards shall be allowed as a part of an approved PUD in the RR District. Unless identified below or expressly permitted by the City in the PUD approval, no other variations in dimensional standards, performance standards or other development requirements shall be permitted.

            i.   Maximum density - one (1) dwelling unit per five (5) buildable acres.

            ii.   Minimum lot area - 2.5 acres.

            iii.   Minimum lot width - 220 feet.

            iv.   Minimum lot width at setback line - 150 feet.

            v.   Minimum cul-de-sac frontage - 60 feet.

            vi.   Minimum front yard setback - 75 feet.

            vii.   Minimum side yard setback - 20 feet.

            viii.   Minimum rear yard set - 20 feet.

            ix.   Maximum structure height - 35 feet.

            x.   Lot coverage - 1:4 or 25% maximum.

      2.   Senior Citizen Housing PUD. In exchange for higher design standards, site preservation techniques, other unique development considerations, and other public benefit, the dimensional criteria of the underlying zoning district may be modified or varied and alternative development design may be allowed, including attached, detached, or villa-style townhomes. Senior Citizen Housing may include accessory uses that are customarily and commonly associated with Senior Citizen Housing, such as medical and foodservice facilities.

      3.   Horse Racing (HR) District Hotel PUD. Hotels, motels, banquet and convention facilities shall be allowed as part of a PUD in the HR District. In exchange for higher design standards, site preservation techniques, other unique development considerations, and other public benefit, the dimensional criteria of the underlying zoning district may be modified or varied, including, but not limited to: setbacks, building separation, shared access, street frontage, and lot area.

   A.   Minimum Quantities. All proposed development activities, including site modifications or use intensifications, shall be subject to landscaping improvements. The following table illustrates requirements within each zoning district:

 

   B.   Foundation Plantings. Foundation plantings (perennial flowers, deciduous shrubs, and coniferous shrubs) are encouraged in all commercial and industrial zoning districts. Suggested locations include building entrances, sign bases, berms and other similar visible locations.

   C.   Minimum Standards.

      1.   Overstory Trees

         a.   Deciduous Trees: Two-and-a-half (2-1/2) inch caliper planting size, balled, and burlapped.

         b.   Coniferous Trees: Six (6) feet in height planting size, balled, and burlapped.

      2.   Foundation Plantings. Coniferous and deciduous shrubs should be planted at a minimum of one-third (1/3) of the mature spread and height of a typical growth habits.

      3.   Boulevard Trees. All boulevard trees shall be hardwood shade trees or flowering trees.

      4.   Overstory Mix. When multiple quantities of overstory trees are required, at least fifty percent (50%) of the trees required shall be deciduous.

      5.   Hardiness. All landscape materials proposed shall be consistent with Minnesota hardiness zones, whether indigenous or foreign. Plant species must also be tolerant to snow storage, exposure to salt and sun scald in parking areas.

      6.   Diversity. In any development, in which at least eight (8) overstory trees are required, at least three (3) varieties of plantings are required.

      7.   Warranty. All required landscape materials shall be warranted for growth a minimum of two (2) years after planting.

   D.   Exceptions. In larger sites or in sites with phased development plans, the Planning Commission may recommend and the City Council may alter, at its sole discretion, the minimum quantity requirements and minimum standards in this Section.

   E.   Clear Zones. No landscaping over two (2) feet in height shall be planted or maintained in a “sight triangle” at the intersection of two public streets. Such a clear zone is a triangle measured thirty (30) feet from the intersection of two rights-of-way along each right-of-way.

A Seasonal Outdoor Holiday Exhibition and Assembly is any activity defined in Chapter 4 of this Code that is an outdoor “entertainment” or “amusement” or “social event,” that is a “large assembly,” that requires an “admission charge,” and that is associated with a national holiday or special observance. A special observance includes Valentine’s Day, St. Patrick’s Day, Halloween, community celebrations, and similar days or events that are customary observances but not national holidays.

   A.   A Seasonal Outdoor Holiday Exhibition and Assembly located in the Rural Residential (RR) District must be on property abutting and with approved access to an "A Minor Reliever" Principal Arterial Highway as identified in the Columbus Comprehensive Plan.

   B.   A Seasonal Outdoor Holiday Exhibition and Assembly located in the Rural Residential (RR) District requires an Interim Use Permit as provided in this Code and a license (Special Event License) as provided in Article II, Chapter 4 of this Code.

   C.   Seasonal Outdoor Holiday Exhibition and Assembly located in the Rural Residential (RR) District shall be permitted per parcel/property one time per calendar year for a period not exceeding 31 consecutive days.

   D.   No Seasonal Outdoor Holiday Exhibition and Assembly located in the Rural Residential (RR) District shall operate between the hours of 10:00 p.m. and 9:00 a.m., Sunday through Thursday, or between the hours of 12:00 a.m. through 9:00 a.m., Friday, Saturday, holidays and special observances, and the evening before holidays and special observances.

   E.   Findings necessary for the issuance of an Interim Use Permit for a Seasonal Outdoor Holiday Exhibition and Assembly shall include but not be limited to:

      1.   Adequate highway access controls and traffic safety considerations.

      2.   Adequate site parking and vehicle maneuvering.

      3.   Adequate site security.

      4.   Adequate event setback or site screening to minimize disturbances and inconveniences to adjacent properties.

      5.   Consistency with City Code standards regulating site lighting, noise, and public nuisance.

      6.   Consistency with all building, plumbing and electrical code requirements.

      7.   Consistency with all Americans with Disabilities Act requirements.

      8.   Provisions for potable water and portable sanitation facilities if appropriate.

      9.   Provisions for trash collection, recycling and cleanup.

      10.   Provisions for public safety services, emergency medical services, and fire protection services.

      11.   Provisions for an escrow payment in an amount sufficient to guarantee performance of any conditions attached to the approval of the Interim Use Permit.

   F.   Application submittal information shall be consistent with requirements in Article II, Chapter 4 of this Code and Section 7A-531 of this Code.

   G.   The City may impose any conditions to an Interim Use Permit and Special Event License for a Seasonal Outdoor Holiday Exhibition and Assembly deemed necessary to meet the requirements of this Section of the city Code and to protect the public health, safety, and welfare.

   A.   Purpose. It is the intent of these provisions to allow limited opportunities for mineral extraction in special circumstances and under specific conditions that minimize the impact on neighboring properties, minimize the impact on public streets, and minimize the loss of buildable, upland acreage in the City.

   B.   Interim Use Permit Required. It shall be unlawful to conduct mineral extraction or operate a mineral extraction facility without first obtaining an Interim Use Permit, according to the procedures and requirements outlined in this Ordinance.

   C.   Term. The maximum term for a mineral extraction Interim Use Permit shall be twelve (12) months, including all site restoration. Unless renewed for a maximum one-year term extension by the City Council, no application for a Mineral Extraction Interim Use Permit shall be submitted or accepted by the City for the same property on which a permit has been issued until a minimum period of five (5) years from the date of expiration of a prior permit has lapsed.

   D.   Access Requirements. Property on which mineral extraction may be considered must have direct access to a minor arterial or collector roadway as defined and illustrated in the City of Columbus Comprehensive Plan. Transportation access or haul routes for mineral extraction vehicles shall similarly be limited to minor arterials or collector roadways as defined and illustrated in the City of Columbus Comprehensive Plan.

   E.   Application. An application for a mineral extraction Interim Use Permit shall be submitted to the City on a form supplied by the City. Information shall include but not necessarily be limited to the following:

      1.   Name, address, phone number, contact person for the operator.

      2.   Name, address, phone number of the landowner.

      3.   Acreage and complete legal description of the property on which the mineral extraction will be located, including all contiguous property owned by the landowners.

      4.   Acreage and site plan depiction where mineral extraction will occur on the property on which the permit will apply.

      5.   Estimated type and quantity of material to be extracted.

      6.   Estimated time frame to mine and reclaim the property.

      7.   A description of all vehicles and equipment estimated to be used by the operator on the property.

      8.   A description of the estimated average daily and peak daily number of vehicles accessing the property, including a breakdown of operator owned and non-operator owned vehicles.

      9.   A description of the haul routes within the City to be used in the mineral extraction operation.

   F.   Supporting Documentation. Every application for a mineral extraction Interim Use Permit shall include submission of the following supporting documentation:

      1.   A description of existing land uses on the subject property and all properties within one-half (1/2) mile.

      2.   A description of land use designations in the Comprehensive Plan and zoning classifications of the subject property and all properties within one-half (1/2) mile.

      3.   A description of the soil, vegetation, mineral content and topography of the subject property. A minimum of three (3) soil boring logs representative of the site and a description of the subsurface materials and water table elevation on the subject property must be submitted.

      4.   A general description of surface waters, existing drainage patterns and groundwater conditions within one-half (1/2) mile of the subject property.

      5.   A general description of any wells or private sewer systems of record, pipelines, power lines and other utilities or appurtenances on the subject property and adjacent properties.

      6.   A general description of the depth, quantity, quality and intended uses of the mineral deposits on the subject property.

      7.   Existing topography of the subject property, illustrated by contours not exceeding two-foot intervals.

      8.   Proposed topography of the subject property after mineral extraction has been completed, illustrated by contours not exceeding two-foot intervals.

      9.   An operations plan which illustrates the sequencing of mineral extraction, the locations of processing equipment, mineral stockpiles, staging areas, authorized accessory uses and access routes.

      10.   Copies of MPCA application documents and operating permits.

      11.   A description of the site hydrology and drainage characteristics during the operation. Identify any locations where drainage of any disturbed areas will not be controlled on the subject property and plans to control erosion, sedimentation and water quality of the runoff.

      12.   A description of the potential impacts to adjacent properties resulting from mineral extraction and off-site transportation, including but not limited to noise, dust, surface water runoff, groundwater contamination, traffic and aesthetics.

      13.   A description of the plan to mitigate potential impacts resulting from mineral extraction.

      14.   A description of site screening, landscaping and security fencing.

      15.   A complete description of site reclamation upon completion of mineral extraction on the subject property, including material quantities, backfilling methods, compaction standards, and seeding standards.

      16.   A description of the method in which complaints about any aspect of the facility operation or off-site transportation are to be received and the method which complaints are to be resolved.

   G.   Performance Standards. Performance standards for mineral extraction shall include but may not be limited to the following:

      1.   Hours of operation for mineral extraction, including hauling of material, shall be limited to 8:00 a.m. through 7:00 p.m., Monday through Friday, excluding federal holidays.

      2.   The City may require watering to control dust at any time when it is determined that airborne dust from extraction areas, processing activities, stockpiles or internal roadways creates a public nuisance. Other remedies to control dust may include berming, landscaping and enclosures for processing equipment.

      3.   The City may require that any mineral extraction facility be enclosed with security fencing and gate-controlled access roads.

      4.   No mineral extraction activity may occur within one hundred fifty (150) feet of any adjacent property residence and within fifty (50) feet of any adjacent property line, road right-of-way or public utility. Screeners, crushers, other processing equipment or manufacturing equipment may not be located closer than five hundred (500) feet without berming or two hundred fifty (250) feet with berming from any adjacent property residence.

      5.   The maximum height of stockpiles shall not exceed the maximum height allowed for principal structures in the zoning district in which the property is located.

      6.   Maximum noise levels associated with mineral extraction activities shall be consistent with the standards established by the Minnesota Pollution Control Agency.

      7.   Mineral extraction operations shall be consistent with air quality and water quality standards and permit requirements established by the Minnesota Pollution Control Agency.

      8.   Mineral extraction operators shall use all practical means to eliminate adverse impacts on adjacent properties from vibration of equipment.

      9.   Mineral extraction operations must comply with all other Federal, State, regional, county and local laws and regulations.

      10.   The use of explosives is prohibited.

      11.   Unless otherwise specifically permitted in the mineral extraction Interim Use Permit, the net loss of upland buildable acres is prohibited.

      12.   Weeds shall be controlled at all times on the mineral extraction property.

      13.   Site reclamation shall include a restoration of topsoil and subgrade materials comparable with types, depths, and compaction of materials in pre-existing conditions. Maximum grades after site reclamation shall not exceed a 5:1 grade (20% slope).

      14.   Backhauling of materials is prohibited, unless said materials are approved as part of the site reclamation plans.

      15.   The City shall require a performance bond, cash escrow or a letter of credit, in a form acceptable to the City, to guarantee compliance with this Ordinance and the terms and conditions of the mineral extraction Interim Use Permit. The amount of financial guarantee shall be equal to six thousand dollars ($6,000.00) for every acre subject to disturbance. The financial guarantee shall be in full force and effect for at least six (6) months beyond the termination date of the mineral extraction Interim Use Permit.

All Asphalt/Concrete Production Facilities shall meet the following minimum performance standards, in addition to any conditions of approval that may be established pursuant to a conditional use permit.

   A.   Spacing Requirements: No facility shall be located less than two (2) miles from another Asphalt/Concrete Production Facility.

   B.   Setbacks: Stockpiles, storage, equipment, parking, and buildings shall be located at least 50 feet from any public road or property line.

   C.   Minimum Lot Area: 8 acres.

   D.   Stockpiling and Storage: Stockpiles maintained at a facility must comply with the following:

      1.   Stockpiles shall not exceed thirty-five (35) feet in height.

      2.   Stockpiles shall only be located in approved locations, pursuant to an approved site plan.

      3.   Storage of contaminated soils shall be prohibited.

      4.   Stockpiles of backhauled concrete and asphalt rubble shall not exceed one and one-half (1.5) times the amount required for annual asphalt or concrete production.

      5.   Stockpiles of backhauled concrete and asphalt rubble shall be crushed and recycled at least once a year. Crushing activity shall not exceed five (5) continuous weeks of crushing

   E.   Dust/Particulate Management Plan: The owner/operator of an asphalt/concrete production facility must submit and comply with a dust management plan that includes, at a minimum, the following:

      1.   Stockpiles and non-paved surfaces shall be sprayed or coated as necessary to reduce airborne particulates;

      2.   Public roads to and from the property shall be swept and cleaned as necessary to eliminate migration of dust or dirt off the property;

      3.   All trucks hauling materials to/from the facility shall be covered to reduce airborne particulates.

   F.   Screening: The facility must be screened from adjacent residential dwellings by a combination of berms, landscaping, or fencing of a combined height of at least eight (8) feet in height. Required screening shall be a minimum of 80% opacity year round.

   G.   Traffic Management Plan: The owner/operator of an asphalt/concrete production facility must submit and comply with a traffic management plan and planned haul route detailing anticipated traffic demands and proposed haul routes. Except for local deliveries, any such plan shall direct all truck traffic to/from the facility on a “Principal Arterial” or an “A Minor Reliever Arterial” roadway as identified in the City’s Comprehensive Plan.

   H.   Other Regulations: No Asphalt/Concrete Production Facility shall operate in violation of any permit, rules, or regulations of the Minnesota Pollution Control Agency, or in violation of any law or ordinance.

   I.   Hours of Operations: Any Asphalt/Concrete Production Facility, including all ancillary activities, shall only operate between the hours of 6:00 a.m. and 7:00 p.m., Monday through Saturday, except that a facility may operate outside of those hours for a maximum of thirty days in a calendar year where such operations are necessary in order for the owner/operator of the facility to perform work under a contract related to a public road project that specifies work to be performed outside the hours of 6:00 a.m. to 7:00 p.m. Monday through Saturday and/or on Sunday. The operator shall provide the zoning administrator written notice of such exception to normal hours of operation at least forty-eight (48) hours in advance of the exception. No facility operations shall be permitted on New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day.

   J.   Incorporated as Conditions of Approval: All management plans, haul routes, site plans, and elevations required herein and submitted by applicant in conjunction with facility approvals shall be incorporated as required conditions of approval whether or not referenced as such.

All Contractor Shops with accessory Contractor Yard established after December 28, 2022 shall meet the following minimum performance standards in addition to any conditions of approval that may be established pursuant to a conditional use permit.

   A.   Spacing Requirements: No Contractor Shop with accessory Contractor Yard shall be located less than a quarter mile from another Contractor Shop with accessory Contractor Yard.

   B.   Outdoor storage and excavation as permitted by Conditional Use Permit shall not encroach on any required setbacks or landscape yards and shall be effectively screened from view from public streets and adjacent property using landscaping supplemented by fencing.

   C.   Dust/Particulate Management Plan: The owner/operator of a Contractor Shop with accessory Contractor Yard must submit and comply with a dust management plan that includes, at a minimum, the following:

      1.   Stockpiles and non-paved surfaces shall be sprayed or coated as necessary to reduce airborne particulates.

      2.   Public roads to and from the property shall be swept and cleaned as necessary to eliminate migration of dust or dirt off the property.

      3.   All trucks hauling materials to/from the facility shall be covered to reduce airborne particulates.

   D.   Screening: Landscaping supplemented by fencing, if necessary, shall be required to enclose the screen such storage yards from direct views from adjacent public streets or from adjacent commercial or residential properties. The location of such outdoor storage areas shall be consistent with all applicable standards of the district in which it is located.

   E.   Other Regulations: Yards shall be maintained in a clean and orderly manner. Junk shall not be permitted to be stored.

All cannabis businesses shall meet the following minimum provisions and performance standards in addition to all applicable requirements of the City Code.

   A.   Compliance with Minnesota Laws. All cannabis businesses shall operate in strict compliance with Minnesota statutes and rules of the Office of Cannabis Management (“Office”).

   B.   Age Restriction. No cannabis business retailer, lower-potency hemp edible retailer or cannabis temporary event retailer shall give or sell any restricted cannabis products or lower-potency hemp edibles to any person under the age of 21.

   C.   Terms and Definitions. Terms and definitions used shall have the meanings established in the City Code and as defined in Minnesota Statutes.

   D.   Public Consumption. No person shall use adult-use cannabis flower, adult-use cannabis products or lower-potency hemp edibles in a public place or a place of public accommodation unless the premises is an establishment or an event licensed to permit on-site consumption of adult-use.

   E.   Maximum Number of Retail Cannabis Businesses. The city shall allow a maximum of three (3) cannabis retail businesses at any time. Licenses shall be issued on a first-come first-served basis.

   F.   Preliminary Retail Registration Referrals. Within 30 days of a preliminary retail registration referral from the Office, the city shall inform the Office whether the proposed use is allowable in the city.

   G.   City Licensing Requirements. The city shall require licenses for cannabis retail businesses and cannabis temporary events per the licensing requirements of Section 4 of the City Code.

   H.   Retail Licenses Non-transferrable. A cannabis retail business license, cannabis microbusiness license and cannabis temporary event organizer license are not transferrable.

   I.   Conditional or Interim Use Permits Required. Conditional Use Permits are required for all cannabis businesses located in the city, except for a cannabis microbusiness, a cannabis retail business or a cannabis temporary event, which require an Interim Use Permit. The individual zoning district provisions of the City Code identify which cannabis businesses are allowable as conditional or interim uses within the city. Cannabis businesses must have a valid license from the Office and shall comply with all existing zoning application requirements and review procedures prior to consideration of a permit request. Cannabis business zoning applicants shall also provide the city with all licensing, registration and application materials required by and submitted to the Office.

   J.   Locational Restrictions. No cannabis retail business or temporary event shall be located closer than 1000 feet from a school or closer than 500 feet from a day care, a residential treatment facility or a public park playground or athletic field.

   K.   Business Location Change. Any proposed change in the location of an authorized cannabis or lower-potency hemp business requires a new business registration, zoning application and approval by the city.

   L.   Retail Hours of Operation. Cannabis businesses with retail sales are limited to said sales between the hours of 10:00 a.m. to 2:00 a.m. Sunday and 8:00 a.m. to 2:00 a.m. on all other days of the week. A microbusiness with allowable on-site consumption shall observe the same hours of operation as a cannabis retail business. The hours of operation for a cannabis temporary event shall be stated in the Interim Use Permit.

   M.   Annual Compliance Checks. The city shall conduct a minimum of one unannounced age verification compliance check at least once per calendar year for every cannabis retail business as required by state law. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the city. All compliance check sales to persons under the age of 21 shall be reported to the Office of Cannabis Management.

   N.   Retail License Suspension. The city may suspend the retail license of any cannabis business according to the licensing provisions of Chapter 4 of the City Code.

   O.   On-site Consumption at Cannabis Temporary Events. Any authorization for on-site consumption at cannabis temporary events will be determined upon issuance of an Interim Use Permit.

   P.   Indoor Cultivation. All cannabis cultivation is limited to urban commercial or industrial zoning districts and shall be restricted to indoor cultivation within buildings. All buildings shall be consistent with building design and performance standards of the particular zoning district.

   Q.   Additional Application Requirements. In addition to the zoning application requirements of the City Code, all cannabis businesses shall provide specific details relating to site security and lighting.

   R.   Site Signage. Site signage for all cannabis businesses shall be consistent with provisions of the City Code, except as may be limited by state statutes and Office rules.

   S.   Volatile Solvents. The use of volatile solvents in cannabinoid extractions is prohibited except in the General Business and Light Industry zoning districts.

   T.   Compatibility. All cannabis businesses are intended to be compatible with adjacent uses. Odors, noise, vibration, glare, and other potential side effects of cannabis cultivation or manufacturing processes shall not be discernable or deemed a nuisance beyond the property line.