Density bonuses consistent with the comprehensive plan may be granted by the City Council to increase the maximum permitted density for residentially guided land, if the proposed project meets certain affordable housing policies. The allowable total density increase under this provision shall not be increased more than twenty percent (20%). For determining AMI requirements, the City shall utilize Metropolitan Council data.

 

   Drive-through establishments and fast-food restaurants in all districts shall be subject to the following performance standards:

   A.   Screening. Screening shall be required on property lines that are adjacent to residential districts or uses.

   B.   Menuboards. Digital menuboards shall not be lit outside the hours of operation.

   C.   Stacking. Business establishments containing drive-up facilities, including restaurants and financial institutions, shall provide a motor vehicle stacking area for vehicles on the site. A minimum of six (6) vehicle spaces per lane shall be provided. The vehicle stacking area shall not extend beyond the street right of way line and shall be delineated in such a manner that vehicles waiting in line will not interfere with nor obstruct the primary driving, parking and pedestrian facilities on the site. Stacking area shall be setback from property lines ten feet (10') to allow sufficient space for adequate snow removal and storage.

   D.   Electronic Devices. Loudspeakers, squawkboxes or similar drive-through speaker systems shall not be located less than fifty feet (50') from any adjacent residential district or use.

   A.   Permitted Use. Home occupations are permitted as an accessory use to a residential use of a property within all zoning districts within the City, subject to meeting the performance standards established in this Section.

   B.   Performance Standards. A home occupation must conform to all of the following standards.

      1.   No more than one (1) person, other than the occupants of the dwelling, shall be employed on the premises at any one (1) time.

      2.   Identification signs shall conform to this Code.

      3.   The appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or advertising signs or the emission of sounds, odors, noise, vibrations, heat, glare or electrical disturbances.

      4.   No home occupation shall be conducted in any accessory building that is conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or advertising signs or the emission of sounds, odors, noise, vibrations, heat, glare or electrical disturbances.

      5.   The use shall not create substantial traffic. The number of customer vehicular trips to the dwelling unit for the purpose of obtaining products or service shall not exceed ten (10) per day. Vehicular trips related to package pick-ups and deliveries for home occupations shall be limited to four (4) per day and is restricted to straight axle vehicles only. Any need for parking shall be off the street and be located on approved parking surfaces.

      6.   No home occupation shall cause an increase in sewer or water usage so that the combined total use for dwelling and home occupation purposes exceeds the normal range for residences in the City.

      7.   Exterior storage or display of materials or equipment of any kind is prohibited.

      8.   No more than twenty-five percent (25%) of the principal structure may be devoted to home occupation use.

      9.   Food related businesses must comply with Minnesota Statutes Section 28A.152 and all provisions of the Zoning Code.

   C.   Prohibited Home Occupations. The following uses shall not be permitted as home occupations:

      1.   Adult uses.

      2.   Animal hospitals, pet shops, pet daycare.

      3.   Any cannabis or lower-potency hemp edible uses.

      4.   Medical and dental offices, clinics and laboratories.

      5.   Restaurants.

      6.   Stables or kennels, except as allowed by City Code.

      7.   Vehicle sales requiring a Minnesota dealers or wholesale license.

      8.   Vehicle, trailer or boat repair or service.

      9.   Other uses as determined by the Community Development Director.

(amd. Ord. 1088, 12-4-2024)

   A.   Event Centers must comply with the requirements of this Section.

   B.   Patios and outdoor seating, dining or gathering areas:

      1.   When adjacent to residentially zoned property, there shall be a minimum setback of one hundred fifty feet (150') from any patio or outdoor gathering area to the nearest residentially zoned property line. Patio or outdoor gathering areas shall be separated from residential use or district by the principal structure or other method of screening acceptable to the City. The minimum distance from a residential use or district may be reduced should the City determine the applicant has added sufficient elements to reduce the impact of this use.

      2.   Patio or outdoor gathering areas shall be screened in a manner that completely restricts vision of the patio or gathering area from an adjacent residentially zoned property.

      3.   No outdoor sound amplification systems shall be allowed when adjacent to residential properties. When not located adjacent to residentially zoned property an outdoor sound amplification system shall not be allowed after eight o’clock (8:00) P.M. All speakers must be directed away from any residentially zoned property.

      4.   Any outdoor seating or dining area shall comply with City Code Section 11-4-16.

   C.   Parking areas:

      1.   Parking areas shall be screened from any adjacent residentially zoned property.

      2.   Off street parking requirements shall meet the restaurant parking requirements and other standards identified in City Code Section 11-3-4.

   D.   Lighting:

      1.   Lighting shall be provided as necessary for security safety, and traffic circulation. All light poles shall be a maximum of twenty feet (20') in height, including base, and shall be shoebox style, with LED lamps. Other than wash or architectural lighting, attached security lighting shall be shoebox style. In addition, any entry lighting under canopies shall be recessed and use a flush lens. All lighting shall be downward directed with flush lens and shall be zero lumen at any residentially zoned property line or one (1.0) lumen at any nonresidential zoned property line.

      2.   Lights producing varying intensities, changing colors, moving lights or search lights are prohibited.

   E.   The hours of operation shall be no later than ten o’clock (10:00) P.M. on Sunday through Thursday and twelve o’clock (12:00) A.M. on Friday and Saturday.

   F.   The serving of food and beverages is permitted only in conjunction with a private event that is not open to the general public.

   G.   Trash containers shall be stored indoors, or if outdoors, all trash enclosures shall be screened.

   Motor fuel stations in all districts shall be subject to the following standards:

   A.   Minimum Pump Setback Requirements. Pumps shall be set back no less than twenty-five feet (25') from all property lines.

   B.   Canopies.

      1.   The setback of any overhead canopy or weather protection, freestanding or projecting from the station structure, shall be not less than ten feet (10') from the street right-of-way line, nor less than twenty feet (20') from an adjacent property line.

      2.   The total height of any overhead canopy or weather protection shall not exceed twenty feet (20').

      3.   No light banding around the exterior of the canopy.

      4.   Canopy columns shall be constructed of a Class 1 material that matches and compliments the principal building.

   C.   Architectural Design. Each motor fuel station shall be so architecturally designed as to be as compatible as possible with the general architectural intent of the area in which it is located.

   D.   Landscaping. A minimum twenty (20) foot landscaped yard shall be planted and maintained behind all property lines adjacent to public streets, except at driveway entrances.

   E.   Screening. Whenever a motor fuel station abuts a residential district, a fence or landscape hedge not less than fifty percent (50%) opaque nor less than six feet (6') high shall be erected and maintained along the property line(s) that abuts the residential district. Application of this provision shall not require a fence within fifteen feet (15') of any street right-of-way line.

   F.   Each fuel service pump may count as one (1) parking space toward minimum off street parking standards. (Ord. 1100, 4-16-2025)

   A.   Performance Standards.

      1.   Display and storage areas must be on the same lot as the principal structure.

      2.   No parking of items for sale is allowed in landscaped areas.

      3.   Customer and employee parking areas must be clear. No parking or vehicle display is allowed in driveways, entrances, or customer parking areas.

      4.   No test driving on local residential roads.

      5.   Pennants, balloons, streamers, pinwheels, or other attention attracting devices are not allowed. Open hoods of vehicles, windshields, car windows, trunks, roofs, or the like must not be used for signage.

      6.   All lighting must be downward directed with cutoff fixtures. No signs may be attached to light poles.

      7.   No loudspeakers or music systems are allowed outside of the building.

   A.   The site and building(s) shall be designed to limit the effects of the washing operation on adjacent properties and public rights of way. Garage doors shall be positioned to limit exposure to main roadways and residential districts. No car wash use shall be located abutting any residential use or district, unless a public street separates the two (2) uses.

   B.   The principal building shall be the primary source for screening the stacking and exiting areas from adjacent properties and/or public rights of way. Landscaping and berming at a minimum of fifty percent (50%) capacity shall be a secondary source for screening the stacking and exiting areas. Should landscaping and berming be found ineffective by the City, the City may approve screening walls and/or decorative fencing as an alternative if the following standards are met:

      1.   Shall be constructed of the same materials as the principal building;

      2.   Shall not extend more than twenty-five feet (25') without a change in architecture to reduce their mass and appearance;

      3.   Stacking areas shall have a minimum of ninety percent (90%) opacity screen to a height of six feet (6'); and

      4.   Exiting areas shall have a minimum of fifty percent (50%) opacity screen to a height of at least four feet (4').

   C.   All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building.

   D.   Commercial car washes shall have a minimum of four (4) stacking spaces per wash stall.

   E.   Stacking lanes shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area.

   F.   Untreated water from the car wash shall not be discharged into the storm sewer.

   A.   Vehicle repair as a permitted use in industrial districts is subject to the following:

      1.   Vehicle repair uses within one hundred feet (100') from a residential use or residential zoning district are prohibited.

      2.   All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building, except minor maintenance, including tire inflation, adding oil, wiper replacement and the like.

      3.   Outdoor storage of tires, parts, materials and equipment is prohibited.

      4.   Vehicle repair uses shall designate on a site plan separate areas for customer parking and parked vehicles awaiting repair or pick up.

      5.   Public address system outside a building is prohibited.

      6.   The hours of operation for a vehicle repair use shall be between seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M., seven (7) days per week.

      7.   Repair of class I and class II commercial vehicles is prohibited.

   B.   Vehicle repair as a conditional use in business districts is subject to the following:

      1.   The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public right of way.

      2.   All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building, except minor maintenance, including tire inflation, adding oil, wiper replacement and the like.

      3.   All overhead vehicle doors facing a residential use or residential zoning district shall remain closed except when a vehicle is entering or exiting the building.

      4.   Outdoor storage of tire, parts, materials and equipment is prohibited.

      5.   Vehicle repair uses shall designate on a site plan separate areas for customer parking and parked vehicles awaiting repair or pick up. Storage of inoperable vehicles awaiting repair that are within one hundred feet (100') from a residential use or residential zoning district must be enclosed from public view with a solid fence that is six feet (6') in height. A chain link fence with slats is not acceptable screening.

      6.   Public address system outside a building is prohibited.

      7.   The hours of operation may be restricted to limit impacts to adjacent uses.

      8.   Auto body repair is prohibited.

      9.   Additional landscaping and screening on the site may be required to limit sight and noise impacts on adjacent uses.

      10.   Repair of Class I and Class II commercial vehicles is prohibited.

      11.   Advertising signage facing residential uses is prohibited.

   Self-storage facilities require a conditional use permit and in addition are subject to the following conditions:

   A.   Shall not allow maintenance of any vehicles on site, except for minor maintenance such as tire inflation, adding oil, wiper replacement, and battery replacement.

   B.   No businesses shall be allowed to operate out of the storage unit facilities.

   C.   Shall have a security system adequate to limit access to persons renting a storage site.

   D.   Shall not be located closer than three hundred feet (300') to any residential use.

   E.   All drive aisles and parking surfaces must be surfaced with asphalt or concrete.

   F.   All storage space openings shall be oriented internally to the facility and shall not directly face a public street or adjoining property if feasible.

   Donation Drop Boxes require an Administrative Conditional Use permit with conditions regarding the time, location, size and collection schedule.

   A.   Purpose: The purpose of this Section is to provide for the regulation of the construction and operation of wind energy conversion systems in Cottage Grove, subject to reasonable conditions that will protect the environment, public health, safety, and welfare.

   B.   Definitions: The following words, terms and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning.

   FACILITY OPERATOR: The entity responsible for the day to day operation and maintenance of the wind energy conversion system.

   FACILITY OWNER: The entity or entities having controlling or majority equity interest in the wind energy conversion system, including their respective successors and assigns.

   SUBSTATION: The apparatus that connects the electrical collection system of the WECS(s) and increases the voltage for connection with the utility’s transmission lines.

   WECS: A wind energy conversion system consisting of one (1) or more wind turbines, a tower(s), and associated control or conversion electronics, which has a total rated capacity of fifty (50) or more kilowatts.

   WIND POWER: The conversion of wind energy into another form of energy.

   WIND TURBINE HEIGHT: The distance measured from grade at the center of the tower to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.

   C.   Conditional Use: Wind energy conversion systems shall be allowed as a conditional use in the agricultural zoning districts.

   D.   Permit Application: Application for a WECS permit shall be accompanied by drawings that show the following:

      1.   Location of the proposed WECS, including guywires and any other auxiliary equipment.

      2.   Property lines and physical dimensions of the lot.

      3.   A photograph or detailed drawing of the WECS, including the tower.

      4.   Specific information on the WECS, including type, size, rated power output, rotor material and performance, safety and noise characteristics.

      5.   Specific information on the type, height and material of the tower.

      6.   Clearance distances between the farthest extension of the WECS blades to property lines.

      7.   Location, dimensions and types of existing structures and uses on the lot.

      8.   Location of all aboveground utility lines within distance equivalent to the total height of the WECS.

      9.   Location and size of structures, trees and other objects within three hundred feet (300') which are taller than the lowest extent of the blades of the proposed WECS.

   E.   Size Regulations; Compliance:

      1.   Rotors. The minimum height of the lowest extent of any WECS rotor shall be thirty feet (30') above the ground.

      2.   Height.

         a.   Freestanding wind turbine height shall not exceed two hundred fifty feet (250').

         b.   Roof mounted wind turbines must not exceed fifteen feet (15') above the height limit established for the principal or accessory structure.

      3.   Compliance With Regulations: All WECS shall comply with federal aviation administration notification requirements and any other applicable regulations.

   F.   Installation And Design:

      1.   Towers:

         a.   All WECS tower structures shall be designed and constructed to be in compliance with pertinent provisions of the Minnesota state building code. Indication of compliance may be obtained from the manufacturer’s engineering staff or a state professional engineer.

         b.   The compatibility of the tower structure with the rotors and other components of the WECS shall be certified by the manufacturer’s engineering staff or by a state professional engineer.

         c.   WECS towers shall either have tower climbing apparatus located not closer than twelve feet (12') to the ground or be unclimbable by design for the first twelve feet (12').

      2.   Safety Wires: Safety wires shall be installed on the turnbuckles on guywires of guyed WECS towers.

      3.   Overspeed Controls: Every WECS shall be equipped with manual and automatic overspeed controls. The conformance of rotor and overspeed control design and fabrication with good engineering practices shall be certified by the manufacturer’s engineering staff or by a state professional engineer.

      4.   Electrical Requirements:

         a.   All electrical components of the WECS shall be in compliance with the applicable requirements of the national electrical code as currently adopted by the Minnesota state building code division and shall be inspected by a qualified electrical inspector. The interconnection between the WECS and the electric utility shall be in compliance with the most recent edition of the national electrical code. Certification will be supplied in writing that the WECS will automatically disconnect from the utility when there is no power input from the utility. This certification can be supplied by the manufacturer of the WECS.

         b.   The interconnection of the WECS with the local electrical utility shall comply with all applicable federal and state regulations. Every applicant for a WECS permit should notify his/her electrical utility in advance of his/her installation plans.

         c.   Every battery storage unit associated with a WECS shall be in compliance with the national electrical code as currently adopted by the Minnesota state building code division and shall be inspected by a qualified electrical inspector.

         d.   The WECS, including the blades, shall be grounded and shielded to protect against natural lightning strikes in conformance with the national electrical code.

         e.   No WECS shall have affixed or attached lights, reflectors, flashers or any other illumination, except for those devices required by the federal aviation administration.

      5.   Structural Components:

         a.   The safety of structural components of every WECS and the compatibility of the rotors with the towers of WECS shall be certified by a state engineer. The safety of electrical components of every WECS shall be certified by a state registered electrical engineer or individual with technical training on WECS.

         b.   The safety of all modifications to any WECS shall be certified by a state registered professional engineer. Certification of safety is required before the building permit is granted for modifications made prior to installation. Certification of the safety of modifications made after the WECS is installed and the permit is granted is also required. Failure to have the safety of modifications certified after the permit has been granted shall result in revocation of the permit until certification has been obtained.

      6.   Signs Required: At least one (1) sign shall be posted at the base of the WECS tower and shall contain the following information:

         a.   Notice of no trespassing; and

         b.   Warning of high voltage.

      7.   The visual appearance of WECS shall at a minimum:

         a.   Be a nonobtrusive color such as white, off white or gray; and

         b.   Not display advertising (including flags, streamers or decorative items), except for identification of the turbine manufacturer, facility owner and operator.

   G.   Setbacks:

      1.   Setbacks: The base of the tower of any WECS shall be set back from any property line a minimum of one thousand feet (1,000').

      2.   Easements: No part of a WECS shall be located within or over drainage, utility or other established easements.

      3.   Vehicular Areas: Efforts should be made when siting a WECS and any related equipment to avoid locations that may be vulnerable to vehicular accidents.

      4.   Wind Turbines: A wind turbine must not be within one thousand three hundred twenty feet (1,320') from any conservation easements or public parks.

   H.   Nuisance Concerns:

      1.   Noise Control: Noise area classification (NAC1, NAC2, etc.), established by the Minnesota pollution control agency shall be used to evaluate and regulate noise from every WECS. The audible sound from a WECS will be measured at the property boundary line. Every owner of a WECS that is found to be in violation of Minnesota pollution control agency’s noise standards shall cooperate in taking reasonable mitigating measures.

      2.   Electrical or Radio Frequency Interference: Efforts should be taken by the proposed WECS owner to purchase, build or recondition an electrical generator that will not create electrical or radio frequency interference to reception of communication signals. Complaints about electrical or radio frequency interference shall be directed to the federal communications commission.

      3.   Communication Interference: Efforts should be made to site each WECS to reduce the likelihood of blocking or reflecting television or other communication signals. If signal interference occurs, both the WECS owner and the individual receiving interference shall make reasonable efforts to resolve the problem. If the problem cannot be eliminated or reduced to a reasonable level, the WECS can be shut down.

      4.   It shall be a public nuisance if any of the following conditions exist:

         a.   A WECS is not maintained in operational condition and poses a potential safety hazard; or

         b.   A WECS is not maintained and operated in compliance with applicable zoning provisions and state and federal laws; or

         c.   A WECS has not generated electricity for a period of twelve (12) consecutive months and the wind energy facility owner has failed to remove the WECS or make it operational within thirty (30) days after the City has given written notice to remove the WECS.

      5.   The City has the right to abate a public nuisance under the procedures set forth in City Code Section 4-1-6.

   I.   Other Regulations:

      1.   Mississippi River Corridor Critical Area Overlay District: No WECS shall be located within the Mississippi River corridor critical area overlay district.

      2.   Wind Access: Adequate wind access is essential to the safe and efficient operation of a WECS, and the City encourages the use of private and restrictive covenants to protect wind access.

      3.   Exemptions From Provisions: Any WECS that is by nature ornamental, rather than functional, shall be exempt from this Section if total height is less than twenty-five feet (25').

      4.   Inspections: Each WECS shall be inspected yearly by the building official, to verify that the WECS is operational and that all requirements of installation continue to be met.

      5.   Wind Turbines: All wind turbines shall comply with all applicable state and federal regulatory standards, including the uniform building code as adopted by the state of Minnesota; national electrical code as adopted by the state of Minnesota; federal aviation administration (FAA) requirements; and Minnesota pollution control agency (MPCA)/environmental protection agency (EPA) regulations (hazardous waste, construction, stormwater, etc.).

   A.   Satellite receive-only antennas (SROA) shall be permitted in all districts, provided they are roof-mounted and subject to the standards of this Section.

   B.   Every SROA mounted on a roof shall be subject to the normal height limits of the zoning district in which it is located and shall comply with any applicable requirements of the Building Code. The maximum diameter of a SROA shall be no more than thirty-six inches (36").

      1.   For commercial and industrial districts, roof-mounted SROA’s shall be screened in accordance with City Code Section 11-3-9.

   C.   Advertising shall not be placed on satellite antennas.

   A.   Purpose: Cottage Grove supports the use of solar energy systems in appropriate zoning districts within the City. The development of solar energy systems should be balanced with the protection of the public safety and the existing natural resources in Cottage Grove. This Section provides for the regulation of the construction and operation of solar energy systems in Cottage Grove, subject to reasonable conditions to protect the environment, public health, safety, and welfare. The provisions of this Section shall apply within all zoning districts. In no case shall the provisions of this Section guarantee rights to solar access.

   B.   Definitions: The following words, terms and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning.

   COMMUNITY SOLAR GARDEN: A solar electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off site from the location of the solar energy system, under the provisions of Minnesota Statutes Section 216B.1641.

   PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly into electricity.

   SOLAR COLLECTOR: A device, structure, or a part of a device or structure for which the primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or electrical energy.

   SOLAR DAYLIGHTING: A device specifically designed to capture and redirect the visible portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting.

   SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

   SOLAR ENERGY DEVICE: A system or series of mechanisms designed primarily to provide heating, cooling, electrical power, mechanical power, or solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization.

   SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating.

   SOLAR ENERGY SYSTEM, GRID INTERTIE: A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

   SOLAR ENERGY SYSTEM, GROUND MOUNTED: A freestanding solar energy system mounted directly to the ground using a rack or pole rather than being mounted on a building.

   SOLAR ENERGY SYSTEM, OFF GRID: A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

   SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted onto the roof of a building.

   SOLAR FARM: A commercial facility that converts sunlight into electricity, whether by photovoltaic (PV), concentrating solar power devices (CSP), or other conversion technology, for the principal purpose of wholesale sales of generated electricity.

   SOLAR HEAT EXCHANGER: A component of a solar energy device that is used to transfer heat from one (1) substance to another, either liquid or gas.

   SOLAR HOT AIR SYSTEM: An active solar energy system that includes a solar collector to provide direct supplemental space heating by heating and recirculating conditioned building air.

   SOLAR HOT WATER SYSTEM: A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

   SOLAR MOUNTING DEVICES: Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.

   C.   General Standards. Solar energy systems in accordance with the standards in this Section are allowed as a permitted accessory use in all zoning districts.

      1.   Wall Mounted Solar Energy Systems: Wall mounted solar energy systems must be flush with the wall and are prohibited facing a public street.

      2.   Roof-Mounted Solar Energy Systems:

         a.   Roof mounting devices and roof mounted solar energy systems shall be flush mounted on pitched roofs, parallel to the roofline.

         b.   Roof-mounted solar energy systems mounted on a flat roof of a building located in a nonresidential district may be mounted at an angle to the roof to improve their efficiency; however, the highest point of a solar collector shall not be more than five feet (5') from the surface of the roof, measured in a straight line above the roof upon which the solar collector is mounted.

         c.   Roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built or as required by Building Code.

         d.   Exterior piping for solar hot water systems is prohibited to extend beyond the perimeter of the building.

         e.   Roof-mounted solar energy systems shall comply with the maximum height requirements for the zoning district in which they are located.

         f.   Roof-mounted solar energy systems shall use colors that blend with the color of the roof.

         g.   Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare.

      3.   Ground-Mounted Solar Energy Systems:

         a.   Ground mounted solar energy systems may only be erected on properties consisting of five (5) or more acres, regardless of the zoning district in which they are located.

         b.   Ground mounted solar energy systems shall not exceed fifteen feet (15') in height when oriented at maximum tilt as measured from the ground to the highest point of the solar collector or related appurtenance.

         c.   Ground-mounted solar energy systems shall comply with the accessory structure setback standards for the applicable zoning district in which they are located, except as otherwise required in this Section. Solar energy systems shall not extend into the minimum front, rear, or side yard setbacks when oriented at minimum or maximum design tilt.

         d.   Ground-mounted solar energy systems are prohibited in the front yard of properties located within the MUSA. Ground mounted solar energy systems are permitted in the front yard of properties located outside the MUSA, but must comply with the minimum front yard setback as required in the zoning district they are located in or such greater distance as may be required in this Section.

      4.   Heliostats: Heliostats are prohibited in all zoning districts.

   D.   Additional Requirements:

      1.   Public Easements: Solar energy systems shall not encroach on public drainage or utility easements.

      2.   Glare: Solar collectors shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or roadways, and shall not emit unreasonable glare as determined by City Staff.

      3.   Building Permit Required: All solar energy systems require a building permit. A building permit application and plan submittal must comply with the following requirements:

      4.   Applications for Solar Energy Systems: An application to the City for a building permit under this Section shall contain information, including, but not limited to, the following:

         a.   A building permit application.

         b.   A site plan of existing and proposed site conditions.

         c.   Description and depiction of solar energy system.

         d.   Number of solar collectors to be installed.

         e.   Location and spacing of solar collectors and mounting devices.

         f.   Applications for ground mounted solar energy systems shall identify existing vegetation on the installation site (list vegetation type and percent of coverage; i.e., grassland, plowed field, wooded areas, etc.), and provide a maintenance plan for controlling vegetative growth on site upon installation of the solar energy system.

         g.   A description of the method of connecting the solar collectors to a building or substation and a signed copy of the interconnection agreement with the local electric utility shall be included or a written explanation outlining why an interconnection agreement is not required.

         h.   Planned location of underground or overhead electric lines connecting the solar energy system to the substation or distribution line.

         i.   New electrical equipment other than at the existing building or substation that is the connection point for the solar energy system.

         j.   Manufacturer’s specifications and recommended installation methods for all major equipment, including solar collectors, mounting systems and foundations for poles or racks. The City reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

         k.   Existing and proposed (if existing grade will be altered) topography at two foot (2') contours.

         l.   A completed glare study that demonstrates that there will be no unreasonable glare generated by the solar energy system and that any glare generated shall not be directed onto adjacent buildings, properties, or roadways or otherwise adversely impact neighboring properties as deemed necessary by City Staff.

      5.   Grid Interties: For all grid intertie solar energy systems, all power lines shall be placed underground within the interior of each parcel and between the solar energy system and its connection to the electric grid. The collection system may be placed overhead near substations or points of interconnection to the electric grid. All grid intertie systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. Off grid systems are exempt from this requirement.

      6.   Special Exceptions: Solar collectors and solar energy systems with a cumulative area of six (6) square feet or less are permitted in all zoning districts and are exempt from the provisions of this Section. Examples of these systems include outdoor accent lighting systems, power supply for traffic control systems, powering a water pump for water gardens, telecommunication systems, backup power systems during power outages, and similar solar energy systems, as long as the system has a cumulative area of six (6) square feet or less.

   E.   Community Solar Gardens and Solar Farms: Community solar gardens and solar farms are permitted with an interim use permit subject to the following requirements:

      1.   Ground Mounted Community Solar Gardens and Solar Farms: Ground mounted community solar gardens and solar farms are permitted only in those areas shown on Exhibit A in Resolution 985 on file in the City, and must comply with the following requirements:

         a.   A minimum of five (5) acres of land is required. All ground mounted solar energy systems and solar collection appurtenant equipment must set back a minimum of three hundred feet (300') from all property boundary lines.

         b.   Vegetative screening and buffering of the ground-mounted solar energy systems will be required as part of the conditions of approval. Screening may include walls or fences.

         c.   The electrical connection systems shall be placed underground within the interior of each parcel and between the solar energy system and the point where the interconnection to the electric grid is made.

      2.   Roof Mounted Community Solar Gardens and Solar Farms: Roof mounted community solar gardens and solar farms are permitted on flat roofs on principal structures in all zoning districts regardless of lot size, and must comply with the following requirements:

         a.   All feeder lines and grid interties shall be placed underground between the solar energy system and the point where the interconnection to the electric grid is made. The collection system may be placed overhead near substations or points of interconnection to the electric grid.

         b.   Roof-mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted or as required by Building Code.

         c.   Roof-mounted solar energy systems must abut an existing electric distribution system for purposes of making the interconnection to the electric grid.

         d.   Solar energy systems are allowed on flat roofs on accessory structures only in non-residential zoning districts.

         e.   Solar collectors mounted on flat roofs on principal and accessory structures in non-residential zoning districts may be mounted at an angle, but no portion of the solar collector may extend more than five feet (5') above the surface of the flat roof.

   F.   Decommissioning: A decommissioning plan shall be submitted with all applications for community solar gardens or solar farm systems.

      1.   Decommissioning plans shall outline the anticipated means and cost of removing the solar energy system at the end of its serviceable life or upon the discontinuation of its use. The cost estimates shall be made by a competent party, such as professional engineer, a contractor capable of decommissioning the system, or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the system. Owners of solar energy systems may rely on manufacturer’s data to submit estimates.

      2.   Decommissioning of the system must occur within ninety (90) days from either of the following:

         a.   The end of the system’s service life; or

         b.   The system becomes a discontinued use.

      3.   A system shall be considered a discontinued use after one (1) year without energy production, unless a plan is developed during the year the system is discontinued and submitted to the Zoning Administrator outlining the steps and schedule for returning the system back into service.

      4.   The City may, at its discretion, require the owner and/or operator of the solar energy system to provide financial security in the form of a cash escrow, bond, or irrevocable letter of credit in an amount equal to one hundred twenty-five percent (125%) of a cost estimate for decommissioning the system.

      5.   The owner of the property where a community solar garden or solar farm is located must notify the City in writing when feeder lines and/or grid interties are disconnected from the local utility transmission line.

   G.   Abandonment: If a solar energy system remains nonfunctional or inoperative for a continuous period of one (1) year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at its expense after a demolition permit has been obtained. Removal shall include removal of the entire solar energy systems, including all solar collectors, mounting structures, and related components.

   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 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 antennas in order to reduce the number of towers needed to serve the community.

   B.   Area specific requirements for towers and antennas.

      1.   Towers outside the right-of-way in residential zoning districts. Towers shall be allowed only in the following residentially zoned areas:

         a.   Towers supporting amateur radio antennas and conforming to all applicable provisions of this code shall be allowed only in the rear yard of residentially zoned parcels.

         b.   Antennas conforming to all applicable provisions of this code shall be allowed via administrative conditional use permits in the following locations:

            (1)   Water towers.

            (2)   On existing telecommunication monopoles or towers.

            (3)   Roofs of buildings over three (3) stories.

            (4)   Sides of buildings over two (2) stories.

            (5)   Existing lighting and utility structures within commercially zoned private property.

            (6)   Bell tower, steeple or similar structure as long as the antenna support structure is fully camouflaged.

            (7)   Antennas mounted on existing public utility owned lighting structures less than thirty feet (30') above grade and located in and/or adjacent to residentially zoned property and/or rights-of-way.

      2.   New towers and monopoles conforming to all applicable provisions of this code shall be allowed as a Conditional Use at the following locations:

         a.   Properties over twenty (20) acres in size and located outside of the MUSA.

         b.   Agriculturally and industrial zoned parcels over twenty (20) acres inside of the MUSA.

         c.   Public parks and open spaces above ten (10) acres in size.

         d.   Government, and public utility structures.

         e.   Antennas mounted to public utility owned lighting structures and/or towers in excess of thirty feet (30') in height above grade and located in and/or adjacent to residentially zoned property and/or rights-of-way.

   C.   Co-location of personal wireless communication service equipment 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 the approving body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius of the proposed tower due to one (1) 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 and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost;

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

         c.   Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; and/or other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

      2.   Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two (2) additional users if the tower is one hundred twenty feet (120') in height or for at least one (1) additional user if the tower is seventy-five feet (75') in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

   D.   Tower setbacks.

      1.   Towers shall be setback the height of the structure plus twenty-five feet (25') from the nearest building or property line.

      2.   A tower’s setback may be reduced or its location in relation to a public street varied, at the sole discretion of the approving body, 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.

   E.   Tower height.

      1.   Towers located outside of the MUSA may have a maximum height of one hundred twenty feet (120').

      2.   Towers inside the MUSA the maximum height is seventy-five feet (75').

   F.   Application and submittal requirements.

      1.   Submittal of a complete site and building plan review application, accompanied by a registered land survey, complete site plan, schematic drawings, photographic perspectives, and signed by a registered architect, civil engineer or other appropriate design professional.

      2.   A scaled drawing showing the size, location, construction materials, landscaping and screening plan.

      3.   A report prepared by a qualified and licensed professional engineer indicating the existing structure is suitable to accept the antenna, and the proposed method of affixing the antenna to the structure.

      4.   Submittal of an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of the applicant’s system.

      5.   Documents stating what steps the applicant will take to avoid interference with established public safety telecommunications.

      6.   Submittal of any necessary easements and easement exhibits, which have been prepared by an attorney knowledgeable in the area of real estate and which are subject to the City Attorney’s approval.

      7.   Any application for a new tower and/or monopole shall not be approved unless it can be documented by the applicant that the proposed equipment cannot be accommodated on an existing or approved tower or commercial building within one-half (1/2) mile radius, transcending municipal borders, of the proposed tower due to one (1) or more of the following reasons:

         a.   The planned equipment would exceed the structural capacity of the existing or approved tower or commercial building.

         b.   The planned equipment would cause interference with other existing or planned equipment at the tower or building.

         c.   Existing or approved towers and commercial buildings within one-half (1/2) mile radius cannot accommodate the planned equipment at a height necessary to reasonably function.

   G.   Tower and antenna design requirements. Proposed or modified towers and antennas shall meet the following design requirements.

      1.   Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. The use of color or design features to attract attention to the tower is prohibited.

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

      3.   Antennas, towers, monopoles located in rights-of-way are exempt from this Section, except otherwise specifically provided by this chapter.

      4.   No part of any antenna, tower or monopole shall be constructed, located, or maintained at any time, permanently or temporarily, in or upon any required tower and monopole setback area.

      5.   Antennas, towers and monopoles located outside the right-of-way shall not be erected in any zoning district in violation of the following restrictions: Towers and monopoles shall be constructed of, or treated with, corrosive-resistant material.

      6.   Tower and monopole locations should provide the maximum amount of screening possible for off-site views of the facility.

      7.   Existing on-site vegetation shall be preserved to the maximum extent practical.

      8.   The installation location shall be designed to be compatible with the underlying site plan.

      9.   The tower and/or monopoles shall be a light blue, gray or other color that is demonstrated to minimize visibility. Antennas mounted to tower and/or monopole shall be painted to match. No advertising or identification visible off-site shall be placed on the tower or antennas.

      10.   Antennas or similar apparatuses mounted upon the tower shall be subject to state and federal regulations pertaining to non-ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the City Council. The cost of verification of compliance shall be borne by the owner and operator of said equipment.

      11.   To prevent unauthorized entry, towers and monopole shall have secure accesses.

      12.   Antennas located on the roof of an existing structure shall not extend more than fifteen feet (15') above the principal structure to which they are mounted. All roof mounted antennas and associated equipment shall be hidden from view utilizing materials found on the building.

      13.   Any façade mounted antennas shall use designs and mounts that minimize visual impact. Antennas and mounts shall be painted to match the existing structure. All wires and associated equipment shall be hidden from view.

      14.   Antennas mounted on light poles and/or utility structures are subject to the following additional standards:

         a.   Equipment shall not extend more than three feet (3') above the top of the light pole or utility structure.

         b.   Any replacement light pole or utility structure shall not exceed the height of the existing structure, including antennas or associated equipment, and shall not exceed the diameter of the existing pole or structure by more than fifty percent (50%).

         c.   Any replacement light pole or utility structures shall match the existing and surrounding structures in materials and color.

         d.   Equipment shall use designs and mounts that minimize visual impact.

         e.   All equipment shall be aesthetically compatible with the structure upon which the proposed antenna is to be mounted and with the surrounding use.

         f.   Any equipment associated with the antennas and towers located at grade in or adjacent to the residentially zoned rights-of-way is prohibited.

   H.   At grade accessory structures and equipment associated with antennas, towers and monopoles shall comply with the following standards:

      1.   At grade accessory structures and equipment shall be placed below grade unless not technically feasible;

      2.   Accessory structures and equipment shall be designed to be architecturally compatible with principal structures on the site;

      3.   At grade accessory structures and equipment shall be screened by landscaping or other screening compatible with the surrounding environment if deemed necessary by the Community Development Director or designee.

   I.   Lights and other attachments. No antenna or tower shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, daytime strobes or steady nighttime red lights or other illuminating devices, except as required by the Federal Aviation Agency or the Federal Communications Commission or the City, 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.

   J.   Removal of abandoned or damaged antennas, towers and monopoles. Any antenna, tower, and/or monopole which is not used for six (6) months shall be deemed abandoned and shall be removed unless a time extension is approved by the Community Development Director. In the event that a tower is not removed within six (6) months of 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. (amd. Ord. 1081, 5-1-2024)

   Agriculture is a permitted use in all residential districts, subject to the following:

   A.   Farm Animals:

      1.   Parcels less than forty (40) but more than five (5) acres: The keeping of any farm animal on parcels of less than forty (40) but more than five (5) acres in size shall be permitted, subject to the following conditions:

         a.   The property must contain at least one and one-half (1 ½) acres of land per animal unit as defined by Minnesota Rules Part 7020.0300.

         b.   All buildings intended to house animals shall be set back at least sixty feet (60') from all property lines and at least three hundred feet (300') from a dwelling other than the dwelling on the property in question.

         c.   All pens, yards or other confinement areas, excluding pastures, where animals are kept shall be set back at least sixty feet (60') from all property lines.

         d.   The Minnesota Pollution Control Agency does not require that a feedlot permit be issued.

      2.   Parcels larger than forty (40) acres: The keeping of farm animals on parcels larger than forty (40) acres in size is permitted, subject to the following conditions:

         a.   All buildings intended to house animals shall be set back at least sixty feet (60') from all property lines and at least three hundred feet (300') from a dwelling other than the dwelling on the property in question.

      b.   All pens, yards or other confinement areas, excluding pastures, where animals are kept shall be set back at least sixty feet (60') from all property lines.

         c.   The Minnesota Pollution Control Agency does not require that a feedlot permit be issued.

   All outdoor seating or dining shall comply with the following:

   A.   The seating area shall not be located within a required setback.

   B.   The seating area shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area.

   C.   The seating area shall be located in a controlled or cordoned area acceptable to the City with at least one (1) opening to an acceptable pedestrian walk.

   D.   The seating area shall not be permitted within one hundred fifty feet (150') of any residential use or district as measured at the property line and shall be separated from residential use or district by the principal structure or other method of screening acceptable to the City. The minimum distance from a residential use or district may be reduced should the City determine the applicant has added sufficient elements to reduce the impact of this use.

   E.   No public address system or external music, live or recorded shall be audible from a nonbusiness or nonindustrial use or district.

   F.   The seating area shall have an improved and maintained surface.

   G.   The seating shall be located so as not to compromise safety. Seating shall not obstruct the entrance or any required exits or be located on landscaping or parking areas. If located on private sidewalks or walkways, it shall be located so as to leave a minimum of a four (4) foot wide passage for pedestrians. Applicable building and fire codes for ingress and egress shall be met.

   H.   Additional parking for thirty (30) outdoor seats or less is not required. Any additional seating over thirty (30) seats shall provide required parking based on one (1) space per four (4) seats.

   I.   The outdoor seating area shall be subordinate to the principal use and shall not exceed thirty percent (30%) of the square footage of the principal use building space. An outdoor seating area exceeding thirty percent (30%) requires a conditional use permit.

   J.   The outdoor seating area shall be defined with the use of landscaping and/or permanent attractive fencing.

   Outside merchandise display and storage or equipment may be displayed and offered for sale, rental or lease outside the building providing that:

   A.   The merchandise or equipment are adjacent to and project no farther than five feet (5') from the primary building.

   B.   Where sidewalks are present, a minimum access width of four feet (4') must be provided.

   C.   Outside display area is limited to a maximum of one hundred fifty (150) square feet of area and shall not extend beyond the building frontage.

   D.   Outside display to be maintained in an orderly and attractive manner that does not detract from the image of the community or adjacent businesses.

   E.   Outside display should be a general representation of the products sold or rented on site, not a storage area for inventory on pallets.

   A.   Purpose: The purpose of this chapter is to implement the provisions of Minnesota Statutes Chapter 342 to allow cannabis and lower-potency hemp edible uses within the city. The Municipal Planning Act provides specific authority for cities to protect and promote the public health, safety, morals and welfare of residents through zoning ordinances, including the regulations surrounding the uses of buildings, structures and land. Cities are further authorized to establish standards and procedures regulating such uses. The purpose and intent of this chapter is to allow the incorporation of cannabis and lower-potency hemp edible uses into the city while protecting existing land uses and properties from any detrimental impacts.

   B.   In addition to the other requirements and performance standards for each zoning district in which a cannabis or lower-potency hemp edible use is located, cannabis and lower-potency hemp edible uses must comply with the performance standards in this chapter.

   C.   Definitions: Unless otherwise noted in this section, words, terms, and phrases found in the definitions of Minnesota Statutes Section 342.01, or as amended, apply, unless otherwise noted or except where the context clearly indicates a different meaning. In addition, the following definitions apply:

         a.   Cannabis microbusiness;

         b.   Cannabis mezzobusiness;

         c.   Cannabis cultivator;

         d.   Cannabis manufacturer;

         e.   Cannabis retailer;

         f.   Cannabis wholesaler;

         g.   Cannabis transporter;

         h.   Cannabis testing facility;

         i.   Cannabis event organizer;

         j.   Cannabis delivery service;

         k.   Lower-potency hemp edible manufacturing;

         l.   Lower-potency hemp edible retailer; or

         m.   Medical cannabis combination business.

   D.   Outdoor Cultivation: Any cannabis use that includes outdoor cultivation must comply with the following:

      1.   A minimum of forty (40) contiguous acres is required.

      2.   The crops must be setback a minimum of three hundred feet (300') from the property lines.

      3.   There must be fencing of six feet (6') around the perimeter and a landscaped or screened buffer is required to be placed outside of the fence but within the setback area, which may consist of a berm, trees, or combination thereof.

      4.   The crops cannot be visible from any public right of way.

      5.   No retail sales shall be allowed at the same location as any business with an outdoor cultivation business license.

   E.   Indoor Cultivation: Any cannabis or lower-potency hemp cultivation that involves indoor cultivation in an enclosed building (and if allowed in the zoning district, indoor cultivation may take place in greenhouses and hoop houses), must comply with the following:

      1.   A minimum of twenty (20) contiguous acres is required if located in the I-1 or I-2 zoning districts. A minimum of forty (40) contiguous acres is required if located in the AG-1 or AG-2 zoning districts.

      2.   The buildings must be setback a minimum of three hundred feet (300') from the property lines.

      3.   There must be a landscaped or screened buffer within the setback area, which may consist of a berm, trees, or combination thereof.

      4.   If greenhouses or hoop houses are allowed in the zoning district, interior lighting and ventilation conditions may be imposed as part of the conditional use permit.

   F.   Manufacturing, Production, Testing Or Processing Of Cannabis Wholesale (if products stored on-site), Warehousing: Must comply with the following performance standards:

      1.   No exterior storage is allowed, including storage of products in semis or trailers that are parked outside of an enclosed building.

      2.   All mechanical, odor suppression equipment and trash enclosures must comply with City Code Sections 11-3-8 and 11-3-9.

   G.   Performance Standards:

      1.   Hours of operation for retail sales of cannabis or lower-potency hemp edible products are permitted from 10:00 a.m. to 10:00 p.m., seven (7) days a week. Retail sales of lower-potency beverages at on-sale intoxicating liquor establishments or off-sale exclusive liquor stores with a valid city registration and state license are permitted during the hours of operation associated with the intoxicating liquor establishment.

      2.   On-sale intoxicating liquor establishments and off-sale exclusive liquor stores with a current lower-potency hemp edible city registration and a state license may sell lower-potency hemp edible beverages but no other lower-potency hemp edible products.

      3.   No cannabis or lower-potency hemp edible use is allowed as part of an Adult Use Establishment, as defined in City Code Section 3-14-2.

      4.   No retail sales are allowed in the Agricultural or Industrial zoning districts.

      5.   No on-site consumption is allowed in the Agricultural or Industrial zoning districts.

      6.   Cannabis and lower-potency hemp edible uses shall not violate federal laws, state laws or any provisions of City Code. Cannabis and lower-potency hemp edible uses shall not be a public nuisance or violate Chapter 4, Section 8 regarding odors. The city may impose odor suppression or odor mitigation conditions as part of the conditional use permit.

      7.   Distance Restrictions: Distances from a cannabis use or lower-potency hemp edible use are measured from the storefront of a cannabis or lower-potency hemp edible retail use to the property line of all other cannabis or lower-potency hemp edible uses.

         a.   There must be at least one thousand feet (1,000') between each cannabis or lower-potency hemp edible use.

         b.   The location of all cannabis uses must comply with the following:

            (1)   More than one thousand feet (1,000') from a school as measured from property line of the school to the cannabis business;

            (2)   More than five hundred feet (500') from a day care that is in the B1, B2, B3, PB, or MU zoning district as measured from property line of the day care to the cannabis business;

            (3)   More than five hundred feet (500') from a residential treatment facility, as measured from the property line of the facility to the cannabis business; and

            (4)   More than five hundred feet (500') from an attraction within a public park that is regularly used by minors, such as, but not limited to a playground, athletic field, athletic court, picnic area or permanent restrooms, pavilion or park building, disc golf features, as measured from the location of the public park attraction to cannabis business.

         c.   Outdoor and indoor cultivation must be more than one thousand feet (1,000') from a residential zoning district or residential use as measured from the cannabis use property line to the property line of the nearest residential zoning district or residential use.

         d.   Manufacturing, production, testing, or processing of cannabis, wholesale (if products stored on-site) or warehousing must be setback a minimum of one thousand feet (1,000') from a residential zoning district or residential use as measured from the cannabis use property line to the property line of the nearest residential zoning district or residential use.

         e.   Exemptions To Distance Restrictions:

            (1)   Lower-potency hemp edible retail uses must comply with City Code 11-4-18.G.7.a, however, they are exempt from the distance restrictions in City Code 11-4-18.G.7.b.

            (2)   On-sale intoxicating liquor establishments and off-sale exclusive liquor stores that sell lower-potency beverages and have a valid lower-potency hemp edible city registration and a state license are exempt from the distance restrictions in City Code Section 11-4-18.G.7.a. and G.7.b. and their use does not count against other cannabis and lower-potency hemp edible uses for purposes of the distance restrictions from another cannabis or lower-potency hemp edible business in City Code 11-4-18.G.7.a.

      8.   Signs must comply with the standards in City Code Title 12 for the relevant zoning district in which the use is located, except for the following:

         a.   No cannabis business shall have more than two (2) signs;

         b.   Blinking, moving, and flashing signs that are visible from the exterior of the building are prohibited;

         c.   No lower-potency hemp edible use shall advertise the lower-potency hemp edible products on more than one (1) exterior sign; and

         d.   No interior sign shall be visible from the exterior of the building.

      9.   Cannabis uses must meet the minimum parking requirements for each type of use as stated in City Code 11-3-4, for example, retail must meet the retail requirements, manufacturing must meet the manufacturing parking requirements. If there is a combination of cannabis uses at the same location, the use that requires the largest number of spaces must be met.

      10.   A security plan must be submitted to and approved by the Director of Public Safety to address security issues in order to protect the public health, safety, and welfare. The security plan must include, but is not limited to addressing issues surrounding parking, traffic, securing of monetary transactions, building security and alarm systems both internal and external, screening, lighting, window and door placement, landscaping, age verification devices, and hours of operation.

(Ord. 1088, 12-4-2024)