Dundas City Zoning Code

GENERAL BUILDING

AND PERFORMANCE STANDARDS

§ 154.060 PURPOSE.

The purpose of this subchapter is to establish general development performance standards. These standards are intended and designed: to assure compatibility of uses; to prevent blight, deterioration and decay; and to enhance the health, safety and welfare of the residents of the community.

(Ord. passed 3-20-2002, § 4, sub. 1)

§ 154.061 DWELLING UNIT RESTRICTION.

(A) No garage, tent or accessory building shall, at any time, be used as living quarters, temporarily or permanently.

(B) No basement or cellar, unless used as a portion of the living space of a dwelling which is affixed to the basement or cellar, or as an earth sheltered home, may be used as a residence or dwelling unit, either temporarily or permanently.

(D) Pursuant to authority granted by M.S. § 462.3593, subd. 9, as it may be amended from time to time, the City opts out of the requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates temporary family health care dwellings.

(Ord. passed 3-20-2002, § 4, sub. 2; Ord. 2016-04, passed 8-22-2016)

§ 154.062 PLATTED AND UNPLATTED PROPERTY.

(A) Any person desiring to improve property shall submit to the Building Inspector a survey of the premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments and any other information as required by this chapter.

(B) All buildings shall be placed so that they will not obstruct future streets which may be constructed by the City.

(C) Except where sanitary sewer has previously been provided to the lot, a lot of record existing upon the effective date of this chapter in a residential district, which does not meet the requirements of this chapter as to area or width may be utilized for single-family detached dwelling purposes; provided, the measurements of the area or width are within 60% of the requirements of this chapter.

(D) Frontage required. No building permit shall be issued for a structure on a lot that does not have frontage on a publicly dedicated and opened right-of-way.

(Ord. passed 3-20-2002, § 4, sub. 3; Ord. 2023-03, passed 5-22-2023, § 3) (Ord. passed 3-20-2002, § 4, sub. 3)

§ 154.063 ACCESSORY BUILDINGS, USES AND EQUIPMENT.

(A) An accessory building shall be considered an integral part of the principal building if it is connected directly to the principal building or connected by a covered passageway.

(B) Except for farm buildings, and buildings in the commercial, industrial and NRSF districts, no accessory building shall be erected or located within a side or front yard.

(C) There shall be no more than two detached accessory buildings on any residential zoned lot. The area of all detached accessory structures shall not exceed 1,400 square feet and no one structure shall exceed 1,000 square feet. Additional structures and area may be allowed in the NRSF and LDSF Districts as a conditional use subject to the criteria in division (G) below.

(D) No accessory building shall be taller than the primary building. Taller buildings may be allowed in the NRSF and LDSF Districts as a conditional use subject to the criteria in division (G) below.

(E) All accessory buildings must use the same building materials as the principle building, except when their floor area is less than 200 square feet. Other materials may be allowed in the NRSF and LDSF Districts as a conditional use subject to the criteria in division (G) below.

(F) Satellite dishes, television receiving antennas and radio receiving antennas shall be a permitted accessory use within all zoning districts; provided that, they meet the following conditions.

(1) Maximum height. The dish or antenna shall not exceed 15 feet in height.

(2) Roof line. The dish or antenna shall not exceed 20 feet above the roof line.

(3) Setbacks. No dish or antenna shall be located within the required front yard setback or required side yard setback abutting a street.

(4) Ground-mounted dishes and antennas. Ground-mounted satellite dishes, television antennas or radio antennas shall be set back from all adjoining lots a distance equivalent to the height of the structure. The structures shall be located ten feet or more from any other building or structure and shall not be located within a utility easement.

(5) Roof mount. When a satellite dish, television antenna or radio antenna is located on the roof of a building, the applicant shall furnish the City’s Building Official with building plans and structural components of the satellite dish, television antenna or radio antenna displaying the means of securing the structure to the roof of a building. The Building Official must approve the building plans.

(6) Lightning protection. Each satellite dish, television antenna or radio antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code.

(7) Conditional use. Satellite dishes, television antennas or radio antennas which exceed height limitations specified herein may be allowed by conditional use permit.

(G) The following criteria shall be used to evaluate applications for conditional use permits for accessory structures in residential districts. Additionally, conditional use permits shall be processed and evaluated according to the procedures listed in §§ 154.020 through 154.027 of this chapter.

(1) The accessory structure shall be architecturally compatible with the principle building and neighborhood setting. Elements to be considered and/or required for attaining compatibility may include, but are not limited to, the following:

(a) Depth of eave overhangs;

(b) Use of soffits and fascia material;

(d) Roofing material that matches the principal structure;

(e) Use of trim, wainscoting, windows and lighting;

(f) Siding that matches the principal structure; and

(g) Roof pitch.

(2) Visibility of the structure shall be minimized as viewed from adjacent lots and rights-of-way. Through the use of topography, existing vegetation and/or proposed landscaping, the structure is adequately screened from adjacent lots and rights-of-way.

(3) Garage door openings are placed so as to reduce their visibility from adjacent lots and rights-of-way.

(4) The structure shall be designed and placed on the site so as to minimize the perceived scale or size difference between the accessory structure and the primary structure and/or structures on adjacent parcels.

(5) Proposed grading and drainage plans are approved by the City Engineer.

(6) A balance is maintained through the size and scale of the proposed structure in relationship to all existing accessory and primary structures on the lot and within the neighborhood setting.

(Ord. passed 3-20-2002, § 4, sub. 4)

§ 154.064 HOME OCCUPATIONS.

The following standards shall apply to this use.

(A) No more than 25% of the total floor area of the dwelling shall be used for the home occupation.

(B) No articles for sale shall be displayed so as to be visible from any street, nor shall any outside storage of materials or equipment be permitted.

(D) No sign shall be allowed other than one non-illuminated name plate not to exceed four square feet in area.

(E) The home occupation, if it involves visitation by clients on the premises, shall provide one off-street parking space, in addition to the parking spaces required for the residents of the dwelling.

(Ord. passed 3-20-2002, § 4, sub. 5)

§ 154.065 DRAINAGE PLANS.

In the case of all developments involving multi-family dwellings, commercial uses and industrial uses drainage plans shall be prepared and submitted to the City for approval.

(Ord. passed 3-20-2002, § 4, sub. 6)

§ 154.066 HEIGHT REGULATIONS.

The following building height regulations shall apply in residential, commercial and industrial districts.

(A) No structure in any district shall exceed three stories or 35 feet, whichever is less, unless a conditional use permit is authorized in the district to allow taller buildings.

(B) The building height limits do not apply to chimneys or flues, church spires, belfries, cupolas and domes which do not contain usable space, elevator penthouses, flag poles, poles, cooling towers, towers and other structures for essential services, and wind energy conversion system towers, other structures for essential services, radio and television antennas not exceeding 20 feet above the roof, monuments, parapet walls extending not more than three feet above the limiting height of the building, necessary mechanical and electrical appurtenances and farm buildings.

(Ord. passed 3-20-2002, § 4, sub. 7)

§ 154.067 OFF-STREET PARKING REQUIREMENTS.

(A) All applications for a building permit in all zoning districts shall be accompanied by a site plan drawn to scale indicating the location of off-street parking and loading spaces in compliance with the requirements in this section.

(B) Each parking space shall be no less than nine feet wide and 20 feet in length, exclusive of access aisles. All driveways, parking and vehicle circulation areas must have a surface of asphalt, concrete or other equivalent material approved by the City Engineer, and shall be graded to drain.

(1) Parking requirements in residential districts:

(a) Single and two-family dwelling units: two spaces per unit within a garage that is a minimum of 440 square feet in area;

(b) Elderly housing: 0.75 spaces per efficiency or one bedroom unit; 1.5 spaces per two bedroom unit; two spaces per three-bedroom unit;

(c) Townhouse units: two spaces per unit within a garage that is a minimum of 440 square feet in area. Where there are more than six townhouse units there shall be a minimum of 0.25 spaces per unit for guest parking; and

(d) Multi-family dwellings in the R-4 District: two spaces per unit with one space being provided within a garage.

(2) Theaters, churches or places of assembly: one space per every five seats, or as needed;

(3) Restaurants, bars and the like: one space for each 100 square feet of gross floor area;

(4) Service commercial shops, retail stores, and health clubs:

(a) A minimum of one space for every 300 square feet of floor area with a maximum of one space for every 200 square feet for retail and multi-tenant commercial structures; and

(b) One space for every 300 square feet for professional offices, medical offices, professional services, and health clubs.

(5) Motels, hotels: one space per sleeping unit for ten or less units with 1.25 spaces for every unit over ten, plus required spaces for banquet rooms, meeting rooms, restaurants and retail shops;

(6) Industrial/manufacturing establishments: one space for every 750 square feet of floor area;

(7) Wholesale, warehouses: one space per every 1,000 square feet of warehouse/floor area, but no less than four;

(8) Day care centers: one space for every eight children;

(9) Funeral home: one space for every 60 square feet of public gathering space;

(10) Bowling alley: five spaces for every lane;

(11) Golf course: nine spaces per hole;

(12) Uses not mentioned: the number of parking/loading spaces shall be determined by the City based upon the best information available;

(13) Shared or joint use of required parking spaces between uses on different lots within 300 feet of each other may be permitted by the City by an interim use permit if the owners of the property agree to the sharing of spaces and it is demonstrated that the spaces will not be used by the two different uses at the same time;

(14) Off-street loading: one off-street loading space shall be provided and maintained on the same lot for each commercial and industrial use requiring regular delivery of goods; and

(15) Design and maintenance of off-street parking, dock and traffic circulation areas shall be in accordance with City requirements. All such areas shall have an impervious surface, and shall be graded to drain. Exceptions to this requirement (impervious surface) will be considered based upon anticipated traffic usage and on-site runoff controls.

(D) Parking and access in residential districts.

(1) All vehicles must be parked in driveways, garages or on approved parking surfaces. No vehicles may be parked on lawn areas, even if fenced.

(2) All lots in residential districts are permitted one driveway access to a public street.

(3) All property access shall be via a permitted driveway.

(4) Driveway surfaces shall be constructed of asphalt, concrete or pavers.

(5) The construction, operation or maintaining a parking area, either paved or unpaved, in the front yard of any lot is prohibited in any area zoned for residential use unless it is part of a designated, approved driveway.

(6) Use of a vacant lot for parking in an area zoned for a residential use is prohibited.

(7) Driveways in any area zoned for residential use shall not exceed 24 feet within the right-of-way up to the front property line.

(8) Driveways shall not exceed the width of the garage they access by more than ten feet in any direction.

(9) The side and rear yard of any lot may only be used for the parking of an automobile, truck, trailer, tractor, recreational vehicle, camper, travel trailer, camper top, tent, wagon, boat, boat trailer or motor home when on an approved and permitted parking surface.

(10) Parking areas may be permitted in the side and rear yards; provided, the areas are surfaced in the same manner as required for a driveway. Parking areas in the rear yard may be also surfaced with gravel. All parking areas shall be accessed by the approved driveway and shall meet the setbacks for driveways from the side yard and structural rear yard setbacks.

(11) All driveways and parking areas are subject to impervious surface and lot coverage standards in the zoning district.

(12) No driveway or parking area shall be located within three feet of any side lot line or shall be placed within a drainage and utility easement.

(13) All parking or storage not conforming to these requirements shall be considered outdoor storage.

(14) Driveways shall not have a slope greater than 10%.

(15) Parking lots and access drives for multi-family housing shall conform to the same standards as for parking lots in commercial districts.

(16) An administrative permit shall be required for any driveway or parking area installation or modification.

(E) Parking and access for commercial, industrial and institution uses.

(1) Except in the B-1 District, driveways and parking areas in commercial and industrial districts shall maintain a five-foot setback to all property lines.

(2) All property access shall be via an approved driveway.

(3) Driveways shall meet the standards of § 154.071(B)(6) of this chapter.

(4) Required parking areas are intended for the accessory parking for the site. All other utilization of the areas shall be considered outdoor storage.

(5) No parking shall be permitted in landscaped areas or other areas not intended for parking.

(6) Multiple driveway accesses to a single property may be permitted by the City Engineer in cases where the driveways are more than 100 feet apart and do not interfere with public safety.

(F) Parking requirements in the B-1 and HSD Districts:

(1) Minimum required parking stalls are waived for commercial uses in the B-1 and HSD Districts.

(2) Residential parking is required at one stall per bedroom in the B-1A District.

(3) Residential parking is required at 1.75 stalls per unit or one stall per bedroom, whichever is greater.

(4) Residential uses in the HSD District shall provide parking in the manner required by § 154.067(C)(1).

(5) Garages are not required in the B-1 District.

(G) Drive through lanes shall have stacking spaces in the following amounts:

(1) Restaurant/coffee shop: eight stacking spaces from entry to pick-up window.

(2) Bank/pharmacy: three stacking spaces per teller/ATM or pick-up window.

(Ord. passed 3-20-2002, § 4, sub. 8; Ord. 2016-09, passed 12-19-2016; Ord. 2023-03, passed 5-22-2023, §§ 4 - 6; Ord. 2024-05, passed 11-25-2024, §§ 1 - 3)

§ 154.068 INGRESS AND EGRESS.

All lots shall front on and have ingress and egress by means of a public right-of-way.

(Ord. passed 3-20-2002, § 4, sub. 9)

§ 154.069 VISIBILITY AT INTERSECTIONS AND DRIVEWAYS.

In any residential district on any corner lot, no fence or accessory structure or planting shall rise over two and one-half feet in height above the level of the public sidewalk within 20 feet of any corner, so as to interfere with traffic visibility across the corner. No fence or wall or shrub planting of more than two and one-half feet in height above the level of the public sidewalk shall be erected on any interior lot within ten feet of the front property line where it will interfere with traffic visibility from a driveway.

(Ord. passed 3-20-2002, § 4, sub. 10)

§ 154.070 ACCESSORY SOLAR ENERGY SYSTEMS.

(A) Solar energy systems shall be a permitted accessory use in all zoning districts, provided that the system is in compliance with all applicable zoning regulations and building codes related to accessory uses.

(B) The use of solar energy systems is subject to the restraints of the zoning regulations contained in this chapter and any existing vegetation.

(C) The effect of trees on the solar access of surrounding development shall be minimized to the greatest possible extent in selecting tree species and locating trees on public lands and along roadways. Whenever possible, every effort shall be made to avoid shading existing or proposed solar collectors.

(D) Reasonable care should be taken to protect the opportunity for the utilization of solar energy systems at all locations available.

(E) The city shall take affirmative actions to the extent possible to preserve solar access for all existing and future development.

(F) The city does encourage the use of private easements and restrictive covenants as a means to protect access to sunlight.

(G) Ground mounted accessory solar energy systems may be permitted in the B-2, LI, and GI districts when meeting the following standards:

(1) The system shall be screened from view from property in residential districts.

(2) The total ground area covered by the system is limited to 300 square feet.

(3) All systems shall meet the required setbacks for accessory structures and are not permitted in the front yard.

(4) The maximum height permitted is 15 feet at full tilt.

(5) The collector surface and any foundation, compacted soil, or other component of the solar installation that rests on the ground is considered impervious surface.

(6) A system may be placed in the front yard meeting half the required setback for the principal structure when in receipt of a conditional use permit.

(7) A system may exceed 300 square feet when in receipt of a conditional use permit provided the system does not exceed the area of 25% of the principal structure's building footprint. Square footage is measured by the total area of the solar collector surface(s).

(8) Solar carports exceeding 300 square feet in area may be permitted via a conditional use permit in the B-2, LI, and GI Districts subject to the following standards:

(a) The solar carport shall be located within the designated accessory parking area and cover usable parking spaces.

(b) The carport may be up to 21 feet in height.

(d) In the LI and GI Districts, the carport shall not exceed 40% of the size of the principal structure.

(H) Building mounted accessory solar energy systems are permitted in all districts in the following manner:

(1) All systems shall be flush mounted on peaked roofs.

(2) A maximum of 85% of the roof may be covered by systems unless architecturally integrated into features of the building.

(3) No system shall extend beyond the edge of the roof.

(4) All systems shall meet height regulations in the district.

(5) No system shall extend beyond 12 feet from the roof at maximum tilt on a flat roof. Mechanical screening shall be required on street facing sides of multi-family, commercial, and industrial buildings.

(6) No residential accessory structure within the principal structure setback shall be permitted to have a roof mounted solar energy system except when in receipt of a conditional use permit.

(I) Principal use solar energy systems are not permitted.

(Ord. passed 3-20-2002, § 4, sub. 11; Ord. 2018-03, passed 9-10-2018, § 3; Ord. 2024-01, passed 8-26-2024, § 1)

§ 154.071 PERFORMANCE STANDARDS, BUILDING, SITE DESIGN, LANDSCAPING AND SCREENING.

(A) Building performance standards.

(1) General building standards.

(a) Building design and materials. Building materials shall be attractive in appearance, of a durable finish and be of a quality that is compatible and harmonious with adjacent structures. All buildings shall be of good aesthetic and architectural quality, to ensure they will maintain and enhance the property values of neighboring properties.

(b) Exterior material requirements.

1. Commercial, industrial and other non-residential buildings. Face brick, masonry block, decorative or split face block, architectural steel and metals, wood, stone, glass, stucco, EIFS, architectural concrete and pre-cast panels shall be acceptable as the major exterior wall material when they are incorporated into an overall design of the building. Unadorned smooth pre-stressed concrete panels and/or non-decorative, smooth concrete block may be used if architectural features are incorporated. All materials shall be color impregnated, with the exception that architectural concrete pre-cast panel systems may be painted. This division (A)(1)(b)1. shall also apply to all remodeling, or expansion of existing buildings that require a building permit.

2. Residential buildings. Face brick, stone, cultured stone, cementitious siding, vinyl siding, steel/metal siding, wood, stucco, synthetic stucco and decorative or split face block.

a. Light gauge, unfinished sheet metal or unfinished metal shall not be used as exterior materials. This restriction shall apply to all principal structures, and to all accessory buildings. Roofs which are exposed or an integral part of the building aesthetics shall be constructed only of commercial grade asphalt shingles, wood shingles, standing seam metal, slate, tile or copper. Flat roofs which are generally parallel with the first floor elevation are not subject to these material limitations.

b. All building and roofing materials shall meet current accepted industry standards and tolerances, and shall be subject to review and approval by the City Engineer and Building Official for quality, durability and aesthetic appeal. For all new buildings and building exterior renovations, the applicant shall submit to the City product samples, building elevations and associated drawings which illustrate the construction techniques to be used in the installation of the materials. Building and roofing materials not specifically approved in this subchapter may be allowed by a conditional use permit only after it is demonstrated that the proposed material is equal to or better than approved materials. The long-range maintenance of the proposed material shall be incorporated as a condition of the approval.

(2) Retaining walls. Garages, accessory structures, screen walls and exposed area of retaining walls shall generally be of a similar type, quality and appearance as the principal structure; or shall otherwise enhance the appearance of the site/building.

(3) Building mechanical screening.

(a) The ground level view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities shall be painted to match the building, designed to be compatible with the architectural treatment of the principal structure, or screened by the use of parapet walls. Wood fencing shall not be used for screening the equipment.

(b) Ground mechanical equipment shall be screened from contiguous properties and adjacent streets by landscaping, or a screen wall shall be provided to be compatible with the architectural treatment of the principal structure.

(4) Lighting. Exterior site and building lighting shall utilize 90-degree cutoff shielded fixtures to prevent ambient light pollution and light and glare from spilling over to adjacent properties.

(5) Residential housing standards.

(a) Full basements are required on all residential structures.

(b) Single-family houses shall be a minimum of 22 feet in width.

(d) All single-family houses shall have a front street facing entrance. At least eight feet or 20% of the width of the front facing structure, whichever is greater, shall be livable space and not garage.

(e) All residential dwellings, including manufactured homes, shall have a foundation that conforms to the Building Code, as adopted by the City. With the exception of manufactured homes in an approved manufactured housing park, all residential dwelling units shall have a continuous permanent perimeter foundation.

(f) Multiple dwelling units minimum sizes: multiple family dwelling units shall have the following minimum floor areas per unit:

1. Efficiency units: 500 square feet;

2. One bedroom units: 700 square feet;

3. Two bedroom units: 800 square feet; and

4. Three or more bedroom: 880 square feet plus an additional 80 feet for each bedroom over three.

(g) Two-family and townhouse minimum sizes. Two-family and townhouse dwelling units shall have a minimum floor area of 600 square feet first floor above grade plus 100 additional square feet for each bedroom.

(B) Site design standards. To ensure that the development is appropriate to a growing urbanized location, and to establish and maintain aesthetic coherence among developments, and to minimize impairment of water bodies due to storm water runoff, City staff will review site plans to assure that:

(1) Major buildings and entrances are oriented toward perimeter streets for visibility and access;

(2) Internal circulation within the site is designed to allow ease of access among buildings by vehicles and pedestrians;

(3) Service areas are oriented away from perimeter streets;

(4) On-site storm water treatment and retention are provided as required by the City Engineer and may be utilized as part of the landscape plan;

(5) Access/egress locations are as approved by the City Engineer;

(6) Driveway widths are no wider than 32 feet, and shall include a concrete apron to a minimum of five feet behind the curb line or edge of pavement;

(7) Signage is in accordance with the provisions of §§ 154.160 through 154.170 of this chapter; and

(8) Outside storage of materials, equipment, unused vehicles, truck trailers or products is not permitted unless authorized by conditional use permit.

(1) Maintenance.

(a) All yards, open spaces and landscaped areas on developed or undeveloped lots or parcels must be kept free from accumulations of garbage, trash, refuse, debris and other unsightly or nuisance creating materials.

(b) All landscaping shall be continually maintained by the owner or other person responsible for maintenance of the premises, and all planting areas shall be kept free of weeds and debris. Turf shall be mowed and maintained at a length not exceeding six inches.

(d) Boulevard areas adjacent to streets and alleys shall be maintained by the adjacent property owner, to the curb line or edge of roadway.

(e) The landscape plan and its maintenance plan shall be part of the certificate of occupancy. No certificate of occupancy shall be issued without approval of a landscape plan. In the event that weather conditions prohibit the installation of the landscaping, a deposit or irrevocable letter of credit, in the amount to be determined by the City Engineer, shall be submitted to the City as security for completion of the improvements. Following completion of the landscaping improvements, the City shall release the deposit less an administrative fee reflecting the City’s cost related to monitoring and completion of the improvements. The City reserves the right to expend the deposited funds to ensure completion of the improvements. Failure to implement the approved landscape plan within six months of the issuance of a certificate of occupancy shall be cause for revocation of the certificate of occupancy.

(2) General requirements.

(a) All exposed ground areas on a lot or parcel surrounding a principal or accessory structure that are not devoted to drives, sidewalks, patios and parking lots shall be covered with sod, or other approved ground cover, or other landscape materials as required or allowed herein. Ground cover exceptions may be permitted in an approved site plan for:

1. Seeding of future expansion areas as shown on approved site plans;

2. Undisturbed areas containing existing viable natural vegetation that can be maintained free of foreign and noxious plant material; and

3. Planting beds shall be mulched with four inches of hardwood mulch.

(b) The required percentage total lot area that must be landscaped is:

1. Industrial districts: 15%;

2. B-2 Commercial District: 10%;

3. Residential districts (other than R-1): 25%; and

4. Variation from these percentages will be considered in conjunction with review of the overall site plan, where the variations do not detract from the appearance of the site and conformance with the objectives of this section.

(c) Where landscaping is proposed within a public right-of-way, or drainage and/or utility easement, then a conditional use permit shall be secured which sets forth the terms and conditions for removal and replacement of the landscaping if work is necessary within the easement area.

(3) Design standards. Landscaping plans described above shall be prepared based on the following design standards. The evaluation and approval of landscape plans shall also be based on these design standards.

(a) The scale and nature of landscaping materials shall be appropriate to the size of the structures. Large scaled buildings for example shall generally be complemented by larger scaled plants. Landscaping of larger areas, such as required yards, shall be accomplished by both horizontal landscaping elements, such as planting beds, and vertical landscaping elements, such as trees, berms and fences.

(b) Plant material shall be selected for its form, texture, color and concern for its ultimate growth.

(c) The landscape plan shall include a mix of deciduous and coniferous trees, shrubs flowers, berms and ground covers as deemed appropriate to a complete quality landscape treatment of the site.

(d) Plant material shall be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect.

(e) Detention/retention basins and ponds shall be landscaped. The landscaping shall include shade and ornamental trees, evergreens, shrubbery, hedges and/or other planting materials.

(4) Slopes and berms.

(a) Final slope grades with a ratio of 3:1 or steeper will not be permitted without special landscaping treatment such as terracing, retaining walls or reinforced ground covers. All berms shall be planted with sod or other ground cover to prevent erosion.

(b) Earthen berms and existing topography shall be incorporated into the landscape treatment of a site, particularly when combined with plant material to facilitate screening from adjacent residential or other uses.

(d) The elevation and horizontal ground location of any berms shall be varied in order to mimic a natural topographical feature.

(5) Off-street parking. Off-street parking areas that contain 30 or more stalls shall provide interior landscaping as follows.

(a) The interior landscaping shall constitute at least 5% of the area of the parking lot. Area devoted to perimeter landscaping is not considered as any part of interior landscaping.

(b) The minimum width of landscape islands is eight feet.

(c) Islands shall be bounded by concrete curbing, unless islands are used as part of a low impact design storm water management system.

(d) Islands shall be planted with trees and sod or other approved ground cover.

(6) Buffering and screening requirements.

(a) Off-street parking areas with four or more stalls and truck dock/delivery areas, shall be buffered by perimeter landscaping. The landscaping shall consist of a combination of ground cover, trees, shrubs and/or appropriate screening devices. The screening shall be at least 80% opaque within two years and not less than six feet in height.

(b) Trees, hedges or other vegetative materials shall provide at least 50% screening capacity throughout the year to a height of at least eight feet.

(c) When adjacent to a residential area, all off-street parking areas with four or more stalls shall be screened from all sides adjacent to the residential property. The screening shall be at least 80% opaque within two years and not less than six feet in height.

(d) Where a development is adjacent to a residential area, there shall be a landscaped protective strip established as a buffer zone in the yard that is adjacent to the residential area.

(e) Every off-street loading area visible from a residential area, and visible from any public street, shall be screened.

(f) To the extent possible, all trash handling, recyclable material containers and equipment, except those containers used on a temporary basis for a construction or disposal activity, shall be screened (to a sufficient height) from eye-level view by all adjoining properties and all streets. Refuse or recyclable material containers shall be located within rear or interior side yards. No refuse or recyclable material containers shall be located within any front or corner side yard.

(g) Screening of outdoor storage areas is required. When used, walls or fences must provide for full visual screening of storage areas, as viewed from residential districts. Outdoor storage areas are required to have a conditional use permit.

(h) The buffer zone shall contain no structures and shall not be used for off-street loading or outdoor storage, but may be used for parking in accordance with the parking setback and screening requirements of this section, and the zoning district.

(7) Fences, walls and landscape screens/buffers.

(a) Screens/buffers shall not extend within 15 feet of any street or driveway. The screening shall be placed along property lines where possible.

(b) The outside base of a wall or fence shall be landscaped if the wall or fence fronts on a public street or is adjacent to a residential area.

(c) No fence, wall, landscape screen or other screening device shall be permitted to encroach on any public right-of-way or infringe on any vision triangle, except with prior approval of the City Engineer.

(d) The materials used for constructing the wall or fence shall be specified in the site plan and shall be subject to approval by the City Council.

(e) A wall, fence or vegetative screening may occupy part of the required yard; but no hedge or berm, located in the front yard, shall be more than two and one-half feet in height.

(f) See also § 154.073 of this chapter for additional fencing requirements.

(8) Maintenance requirements.

(a) The yard area in front of fences and walls shall be trimmed and maintained in a neat and attractive manner.

(b) Repairs to damaged areas of walls or fences shall be made within 30 days of sustaining the damage.

(c) Areas left in a natural state and vegetative screening area shall be properly maintained in an attractive and well kept condition.

(d) Diseased, dying or dead vegetative screening elements shall be removed and then replaced, at a minimum, with healthy plants of the same size required when first planted.

(9) Minimum plant size requirements. All plants must at least equal the following minimum size:

	Potted/Bare Root or Balled and Burlapped
Evergreen trees	6 feet height
Low shrubs	24 - 30 inches height
Ornamental trees	1-1/2 inch diameter trunk
Shade trees	2-1/2 inch diameter trunk
Spreading evergreens	18 - 24 inches height
Tall shrubs and hedge material	3 - 4 feet height

(10) Approved plants. Approved plant material for boulevards/parkways/traffic islands and suggested plant material for screening and individual yards.

(a) Deciduous trees.

Common Name	Botanical Name	Comments
Autumn Blaze White Ash	Fraxinus Americana ‘Autumn Blaze’	Purple fall color, oval form
Black Cherry	Prunus serotina	Fragrant white flowers, yellow-orange fall color
Emerald Queen Norway Maple	Acer platanoides ‘Emerald Queen’	Yellow fall color, fast growth, attractive form
Greenspire Linden	Tilia americana ‘Redmond’	Bright yellow fall color, pyramidal form
Northern Catalpa	Catalpa speciosa	Large heart-shaped foliage, yellow fall color, fast growth, showy white flowers
Northern Red Oak	Quercus palustris	Pyramidal form, leaves persist through winter, red fall color
Pin Oak	Quercus macrocarpa	Rounded open form, drought tolerant, leaves persist through winter
Red Sunset Maple	Acer rubrum ‘Franksred’	Red fall color, broad columnar form showy red flowers
Redmond Linden	Quercus rubra	Red fall color, dark glossy green leaves, fastest oak grower
River Birch (clump)	Betula nigra	Blush gray branches, winter interest, orange-red fall color
Royal Red Maple	Acer platanoides ‘Royal Red’	Rich purple foliage all summer, straight trunk, dense shade
Swamp White Oak Bur Oak	Quercus bicolor	Yellow fall color, dark green leaves

(b) Coniferous trees.

Common Name	Botanical Name	Comments
Austrian Pine	Pinus nigra	Dark green needles, drought and cold tolerant, vigorous
Black Hills Spruce	Picea glauca densata	Strong pyramidal form evergreen, tolerant of light shade
Eastern Redcedar	Juniperus virginiana	Densely pyramidal evergreen, tolerant poor conditions
Norway Spruce	Picea abies	Largest and fastest growing evergreen

Common Name	Botanical Name	Comments
American Plum	Prunus Americana	Yellow-red fruit, yellow fall color
Amur Chokecherry	Prunus maacke	White flowers, golden bark, winter interest
Autumn Brilliance Serviceberry	Amelanchier x grandiflora ‘Autumn Brilliance’	Bright red-orange fall color, white fragrant flowers, red fruit
Crimson Cloud Hawthorn	Crateagus laevigata	Bright red flowers, glossy red fruit persists into winter, thornless
Gray Dogwood	Cornus racemosa	Purplish fall color, white flower and fruit, gray bark, winter interest
Ivory Silk Lilac	Syringa reticulate ‘Ivory Silk’	Creamy white fragrant flowers, dense deep green foliage
Newport Plum	Prunus cerasifera ‘Newport’	Fragrant pink flowers, reddish purple foliage with red tips
Pagoda Dogwood	Cornus alternifolia	Yellow-red fall color, dark green summer foliage

(d) Deciduous shrubs.

Common Name	Botanical Name	Comments
American Hazelnut	Corylus americana	Mounded form, adaptable, edible nuts
Crimson Pygmy Barberry	Berberis thunbergii ‘Crimson Pygmy’	Orange-red fall color, deep red foliage, compact habit
Dwarf Burning Bush	Euonymus alatus ‘compactus’	Bushy and compact form, brilliant scarlet fall color
Dwarf European Cranberrybush	Viburnum opulus ‘Nanum’	White fragrant flowers, fast growth
Golden Mockorange	Phladelphus coronarus ‘Aureus’	Compact habit, white flowers, showy scarlet fruits
Kalmanum St. Johnswort	Hypericum kalmanum	Mounded form, yellow flowers, blue-green foliage
Miniature snowflake Mockorange	Phladelphus ‘Miniature Snowflake’	Prolific white flowers, fragrant, dwarf habit
Star Magnolia	Magnolius kobus stellata ‘Royal Star’	Dark green foliage, white flowers, yellow-bronze fall color

(e) Coniferous shrubs.

Common Name	Botanical Name	Comments
Arcadia Juniper	Juniperus Sabina ‘Compacta’	Rich green foliage, semi-spreading form
Birds Nest Spruce	Picea abies “Nidiforms’	Dwarf spruce, hardy, dense foliage
Broadmoor Juniper	Juniperus Sabina ‘Broadmoor’	Dense mound form, rich green foliage
Russian Cypress	Microbiota decussate	Low densely branched evergreen, bronze winter color
Savin Juniper	Juniperus Sabina	Blue-green foliage, compact growth habit
Taunton Spreading Yew	Taxus x media ‘Taunton’	Good winter hardiness

(f) Perennials and ground covers.

Common Name	Botanical Name
Autumn Joy Sedum	Sedum ‘Autumn Joy’
Bleeding Heart	Dicentra spectablis
Blue Fescue	Festuca glauca
Creeping Phlox	Phlox subulata
Daffodil	Narcissus sp
Liatris	Liatris pycnostachya
Lupine	Lupinus sp.
Petite Delight Bee Balm	Monarda ‘Petite Delight’
Petite Wonder Bee Balm	Monarda ‘Petite Wonder’
Poppy	Papaver sp
Purple Coneflower	Echinacea angustfolia
Rugosa Rose	Rosa rugosa sp.
Sherwood Gladiator Daylilly	Hemerocallis ‘Sherwood Gladiator’
Stello d’Oro Daylilly	Hemerocallis ‘Stello d’Oro’
Switchgrass	Panicum virgatum
Yarrow	Achillea millefolium

(D) Conformance and enforcement; new construction.

(1) (a) Where compliance is not possible due to site conditions, then compliance shall be achieved by a conditional use permit, which establishes the achievable level of and schedule for compliance, and the terms and conditions related thereto.

(b) Non-compliance shall exist where compliance is not achieved and a conditional use permit has not been secured.

(d) Non-compliance shall be subject to the provisions of § 154.999 of this chapter.

(2) (a) No variances shall be granted with respect to the requirements set forth herein. Exceptions shall be made only via a conditional use permit. Requests for a conditional use permit shall not be based solely upon financial considerations, but shall only be based primarily upon the physical inability to achieve conformance with the requirements of this chapter at the subject site.

(b) The Planning Commission shall determine whether a conditional use permit may be issued or denied, and shall forward its recommendation to the City Council for action.

(E) Conformance and enforcement; existing sites.

(1) It is the City’s intention to secure general compliance with the performance standards set forth herein, to the extent conformance is achievable. A schedule for evaluation of existing sites will be established by the City Council. Upon site review, and where compliance is lacking, then a conditional use permit will be negotiated with the property owner. The conditional use permit shall establish the level of compliance to be achieved and the schedule for completion of compliance related activities.

(2) Non-compliance shall exist where compliance is not achieved, and a conditional use permit has not been secured, or when the property owner does not cooperate as set forth in division (E)(1) above. Non-compliance shall be subject to the provisions of § 154.999 of this chapter.

(3) No variances shall be granted with respect to the requirements set forth herein. Exceptions shall be made only via a conditional use permit. Requests for a conditional use permit shall not be based solely upon financial considerations, but shall be based primarily upon the physical inability to achieve conformance with the requirements of this chapter at the subject site. The Planning Commission shall determine whether a conditional use permit may be issued or denied, and shall forward its recommendation to the City Council for action.

(F) Conditional use permits. Conditional use permits, as referenced herein, shall apply only to this section.

(G) Conformance and enforcement, City Council. The provisions of this section shall be enforced as directed by the City Council.

(Ord. passed 3-20-2002, § 4, sub. 12; Ord. 2023-03, passed 5-22-2023, § 7)

§ 154.072 WATER CONSUMPTION.

No use shall be allowed in the City that consumes more than 1,300 gallons of water per acre per day unless specifically authorized by the City Council.

(Ord. passed 3-20-2002, § 4, sub. 13)

§ 154.073 FENCES.

(A) Permit required.

(1) Zoning permit. A permit shall be required for all fences, three feet to six feet in height and located within ten feet from a property/boundary line.

(2) Building permit. A building permit shall be required for all fences over six feet in height or as otherwise may be stated in the Building Code.

(3) Exceptions. Subject to the other provisions stated within this section, the following shall not require a permit:

(a) Any fence less than three feet in height;

(b) Any maintenance, upkeep and/or repair of fences;

(d) Permitted animal enclosures meeting required setbacks;

(e) Any patio, trash container or utility screen located at least five feet from a property line and with a length of less than 32 feet;

(f) Any permanent garden or landscape fencing located at least five feet from the property line. However, the garden and landscape fencing must be less than three feet in height and located within the parameters of the distinct garden and/or landscaping area;

(g) Any temporary/portable snow fencing;

(h) Any temporary/portable construction/safety fencing related to a permitted project;

(i) Any temporary/portable soil erosion fencing. However, all erosion fencing associated with a construction project shall be completely removed upon issuance of a final certificate of occupancy; and

(j) Any temporary/portable special event fencing located within non-residential districts. Special event fencing located within residential districts may require an interim use permit as determined by the City.

(B) Application requirements and site inspections.

(1) All fence permit applications shall include a certificate of survey and/or site map, drawn to scale, showing/labeling the following:

(a) Property address and/or legal description (if platted);

(b) Fronting street(s) and street names;

(d) Proposed fence type;

(e) Proposed location of the fence and distance from property lines; and

(f) Existing objects and/or structures located near the proposed fence.

(2) Before a site inspection is conducted by the designated City official, the following items shall be located on site and clearly marked with paint, flags, stakes and/or laths:

(a) Property corners. The Zoning Administrator may require the owner of the property upon which a fence exists, or any applicant wishing to construct a fence, to establish the boundary lines of the property by a survey thereof to be made by any licensed land surveyor;

(b) Boundary lines; and

(1) Placing of fences in easements.

(a) Private fences shall not extend into any public easement, except by means of an encroachment agreement approved by the City. The approval or denial of such an agreement shall be solely within the discretion of the Zoning Administrator and City Engineer. The encroachment agreement shall also be recorded with the County Recorder’s office.

(b) The City or any utility company having authority to use the easement shall not be liable for repair or replacement of fences in the event that they are moved, damaged or destroyed by virtue of the lawful use of the easement.

(d) All fence applicants and/or property owners are responsible for verifying that no conflict exists with utilities prior to installation.

(2) Fence setbacks.

(a) Fences shall be placed on the boundary line between properties or maintain a five-foot setback.

(b) When placing a fence on the property line, the property owner wishing to build the fence shall provide an agreement, in writing, that adjoining property adjoining agrees that the fence may be erected on the division line of the respective properties.

(D) Height.

(1) Measurement. Height shall be measured from ground level elevation to the top of the fence.

(2) Residential fences.

(a) Side and rear yards. Fences located within a side or rear yard shall not exceed six feet in height.

(b) Yards adjacent to streets. Fences exceeding four feet in height shall not be erected within a required front yard setback or side yard setback adjacent to a street.

(c) Through lots. On through lots, fences six feet in height may be permitted five feet from the right-of-way that the lot does not derive access from provided no other lot on the block is permitted to access from the right-of-way. Otherwise, the standards for front yards shall be met.

(d) Irregular lot. In the case of an irregular shaped lot/parcel, the Zoning Administrator shall determine the most appropriate fence height and type based on the requirements stated in this section.

(3) Non-residential fences. In business and industrial zones, fences may not exceed seven feet in height above the ground level.

(E) Fence types.

(1) Residential fences. Residential fences constructed along a property boundary line shall be sturdy fencing constructed of low maintenance materials that are residential in nature, such as vinyl coated chainlink, steel, aluminum, wrought iron, vinyl, composite, wood or other similar materials determined acceptable by the Zoning Administrator.

(2) Fencing materials. All fences must be constructed in a substantial, workmanlike manner and of materials reasonably suited for the purpose for which the fence is proposed to be used.

(3) Barbed wire fences. No barbed wire fences shall be allowed in the residential zoning districts, unless the City Council has approved a site plan which includes barbed wire fencing for security purposes. In the commercial and industrial districts, the use of barbed wire is prohibited; except that, the top one foot of any fence along side or rear lot lines in these zones may be constructed of barbed wire. Barbed wire is also permitted for the top one foot of fences in industrial zones when fronting a public street and placed no closer than the parking setback. Barbed wire shall not be permitted adjacent to any residential district.

(4) Razor wire and electric fences. All razor wire and electric fences are prohibited.

(5) Swimming pool fences and barriers. Swimming pools or spas secured with a code compliant safety cover as determined by the Building Official are exempt from the following requirements.

(a) All permanent swimming pools, including inground pools and aboveground pools with rigid walls, shall be completely surrounded by a fence or wall not less than four feet in height, and with openings, holes or gaps no greater than four inches in either vertical or horizontal direction. The fence shall be of a type not readily climbed by children. A building or accessory building may be used as part of the enclosure. An aboveground pool with a wall greater than four feet in height does not require a fence if the wall cannot be readily climbed by children and the pool can be secured while not in actual use.

(b) All gates or doors to the enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use and shall be provided with hardware for permanent locking devices; except that, the door of any dwelling which forms a part of the enclosure need not be so equipped. Pool gates shall be locked when the pool is not in use.

(F) General regulations.

(1) No fence shall be installed so as to obstruct a required clear view at street intersections.

(2) Fences shall be installed with the finished side facing neighboring properties.

(3) All boundary fences shall be constructed so as to leave adequate clearance between the ground level and the bottom of the fence in order that the yard/landscaping lying directly under the fence can be easily trimmed and maintained.

(4) Temporary/portable fencing shall be allowed without a permit as follows:

(a) Snow fences for the purpose of controlling drifting snow; provided, the fence is four feet in height or less, not within five feet of any side or rear property line, or placed within the public right-of-way. The fencing shall not be placed prior to November 1 and shall be removed by April 1;

(b) Erosion control fences are allowed without a permit in all districts in conjunction with a permitted activity necessitating the fencing; and

(c) Fencing of a temporary nature for the protection of excavation and construction sites and/or for the protection of plants or trees during excavation and construction may be allowed without a permit when associated with permitted activities.

(5) The City is not liable for any damage caused to private fencing while maintaining or clearing nearby public roads, trails, sidewalks or other public infrastructure.

(6) It is the responsibility of all fence owners to keep both sides of their fence(s) in good repair and appearance and not in a condition of disrepair, danger or that constitutes a public or private nuisance. Any fence shall be considered a public nuisance if it does not comply with the following.

(a) All fences shall comply with associated regulations relating to nuisances and blight stated in this code.

(b) All fences shall be firmly fastened and anchored in order that the fence is not leaning or otherwise in a stage of collapse.

(c) All fences shall be maintained in sound and good repair and free from deterioration, loose or rotting pieces, or holes, breaks or gaps not otherwise intended in the original design of the fence. All fences shall be free from any defects or condition which makes the fence hazardous.

(d) All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the elements by paint or other protective surface covering or treatment, which shall be maintained in good repair to provide the intended protection from the elements.

(e) No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish.

(G) Special purpose fences. Fences for special purpose and fences differing in construction, height or location may be permitted in any district, only by issuance of a conditional use permit and upon evidence that the special purpose fence is necessary to protect, buffer or improve the premises for which the fence is intended.

(Ord. passed 3-20-2002, § 4, sub. 14; Ord. 2014-04, passed 6-23-2014)

§ 154.074 LOW IMPACT DEVELOPMENT.

(A) (1) Low impact development (LID) is a comprehensive approach rather than a technique. The idea behind LID is to develop a site so that post-development runoff conditions mimic or imitate pre-settlement runoff. The premises of LID is that storm water is an asset and necessary element in the natural environment and it should not be managed for “disposal”. The approach emphasizes the integration of site design and planning techniques in order to design the built environment so that it remains a functioning part of an ecosystem, rather than existing apart from it.

(2) Key principles of design include:

(a) Preserve open space and minimize land disturbance;

(b) Protect natural systems and processes (drainage ways, vegetation, soils, sensitive areas);

(c) Re-examine the use and sizing of traditional site infrastructure (lots, streets, curbs, gutters, sidewalks) and customize design to each site;

(d) Incorporate natural site elements (wetlands, stream corridors, mature forests) as design elements; and

(e) Decentralize and micromanage storm water at its source.

(B) The City encourages innovative site design to reduce the environmental impacts of development. Low impact development strategies include, but are not limited to:

(1) Reduced street width;

(2) Use of pervious pavements;

(3) Use of bio-retention/rain water gardens and/or infiltration swales within yards and along roads, parking lots and within parking lots;

(4) Amending/restoring soils to increase infiltration;

(5) Preserve existing vegetation and open space;

(6) Constructing wetlands for storm water treatment;

(7) Disconnecting impervious surfaces; and

(8) Installing green roofs.

(Ord. passed 3-20-2002, § 4, sub. 15)

§ 154.075 LIMITED KEEPING OF CHICKENS.

(A) The limited keeping of chickens may be permitted as an accessory use to a legally established single-family residence subject to the following:

(1) The property shall be occupied with a single-family home. The owner of the chickens shall live in the dwelling on the property.

(2) No person shall keep more than five total hen chickens.

(3) No person shall keep roosters or adult male chickens.

(4) Chickens shall be kept within a separate enclosed accessory building and fenced outdoor containment area subject to the following:

(a) The accessory building shall be less than 120 square feet in size and not exceed six feet in height.

(b) The accessory building shall comply with all setbacks and other standards for accessory buildings, unless otherwise stated herein.

(c) Any outdoor containment areas shall be screened from view from all neighboring properties and rights-of-way. Outdoor containment areas shall not exceed 20 feet per bird and shall not have a fenced enclosure greater than six feet in height.

(d) Any accessory building or containment area shall be located in the rear yard only and shall be at least 25 feet from any side or rear property lines.

(e) Fencing used to contain chickens shall comply with applicable conditions of the City Code.

(f) Chickens shall not be kept within the dwelling unit or garage.

(g) The accessory building and/or containment area shall be maintained in good repair, in a clean and sanitary manner, free of vermin, and free of objectionable odors.

(h) Chickens shall remain in the accessory building and/or containment area at all times and shall not run at large.

(i) Chickens shall remain in the accessory building from sunset to sunrise each day to prevent nuisance noise and the attraction of vermin and predators.

(j) Accessory buildings for the purpose of this ordinance shall not count towards the number of accessory building permitted or the size limitations as stated in § 154.063.

(k) The slaughter of chickens on site is prohibited.

(l) The raising of chickens for breeding purposes is prohibited.

(m) The sale of eggs or other commercial activity on the premises is prohibited.

(n) Feces and discarded feed shall be regularly collected and only stored temporarily on site in a leak-proof container with a tight-fitting cover to prevent nuisance odors and the attraction of vermin. Such waste shall not be composted on site.

(o) Chicken feed shall be stored in leak-proof containers with a tight-fitting cover to prevent attracting vermin.

(B) The keeping of farm animals other than chickens or in greater numbers than permitted by division (A) above shall comply with all other requirements of the City Code.

(Ord. 2019-06, passed 8-12-2019, § 2)

§ 154.076 CANNABIS BUSINESSES.

(A) Minimum buffer requirements. Cannabis retailers, of any type, cannot be located within 1,000 feet from any school or within 500 feet from any attraction within a public park that is regularly used by minors, such as playgrounds, athletic facilities, splash pads, and beaches. Pursuant to M.S. § 462.357, subd. 1e, nothing in this section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school or attraction within a public park that is regularly used by minors moves within the minimum buffer zone.

(B) Cannabis business locations. Cannabis businesses may be located in the following zoning districts as follows:

(1) Cultivation.

(a) Indoor or outdoor cultivation in the R-S, Rural Service Overlay District, as an interim use;

(b) Indoor cultivation in the GI, General Industrial District, as a conditional use.

(2) Cannabis manufacturer. In the GI, General Industrial District, as a conditional use.

(3) Hemp manufacturer. In the GI, General Industrial District, as a permitted use.

(4) Wholesale. LI, Limited Industrial District, and the GI, General Industrial District, as a conditional use.

(5) Cannabis retail. HSD, Hester Street District, as a conditional use; and B-1A, Downtown Business District, B-1B, Downtown Mixed Use District, B-2, Highway Commercial District, and B-3, General Commercial District, as a permitted use.

(6) Cannabis transportation. LI, Limited Industrial District, and the GI, General Industrial District, as a conditional use.

(7) Cannabis delivery. LI, Limited Industrial District, and the GI, General Industrial District, as a conditional use.

(1) Cannabis cultivator or manufacturing businesses that are located within a building shall provide for odor abatement through mechanical scrubbers or similar means and not allow odor to be detectable from the property line.

(2) All required security measures for cannabis cultivation or manufacturing businesses shall require screening to all adjacent properties.

(3) Any interim or conditional use permit sought for a cannabis business shall require a security plan.

(4) Any cannabis cultivator or manufacturing business shall require the provision of an adequate wastewater management plan.

(5) The operator of a cannabis cultivation on property within the R-S Overlay shall reside on the property.

(6) Any building used for cannabis cultivation within the R-S Overlay shall have a minimum 200-foot setback to a property line.

(D) Hours of operation. Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of Monday to Saturday, 8:00 a.m. to 10:00 p.m.; and Sunday, 10:00 a.m. to 10:00 p.m.

(Ord. 2024-03, passed 11-25-2024, § 3)