Special standards and criteria for the floodplain overlay district shall be as set forth in division 11 of this article.

(Code 1982, § 900.12(1))

Special standards and criteria for the shoreland overlay district shall be as set forth in division 12 of this article.

(Code 1982, § 900.12(2))

Special standards and criteria for the wild and scenic river overlay district shall be as set forth in division 13 of this article.

(Code 1982, § 900.12(3))

(a)

Purpose. The purpose of the solid waste facility overlay zoning district is to protect the public health, safety, and general welfare by providing a specific zoning district for the use of land for the establishment and operation of solid waste facilities. Since these uses are so unique, their demands upon public services such as transportation are so intense, and their potential for causing harm to the environment and to the public health, safety, and general welfare is so great, a special zoning district is necessary. Solid waste facilities shall not be permitted nor conditional uses in any other zoning district.

(b)

Use regulations; effect of overlay zoning. The solid waste facilities overlay district is an overlay zoning district. Land zoned into the solid waste facilities overlay district will also remain in its original zoning district (the underlying zoning district). All permitted, accessory, and conditional uses allowed in the underlying zoning district will continue to be allowed on land zoned into the solid waste facilities overlay district, subject to allrestrictions and requirements applicable in the underlying district. In addition to the uses allowed in the underlying zoning district, there shall be allowed in the solid waste facilities overlay district the following conditional uses, subject to all requirements of this Code for the establishment and operation of such uses:

(1)

Solid waste facilities licensed under chapter 58, article III.

(2)

Solid waste processing facilities licensed under chapter 58, article III.

(3)

Sanitary landfills licensed under chapter 58, article III.

(4)

Waste burning facilities licensed under chapter 58, article III.

(5)

Transfer stations licensed under chapter 58, article III.

(c)

Dimensional and other regulations; performance standards. Dimensional regulations, setbacks, yard regulations, height regulations, sign regulations, parking and loading regulations, performance standards, and all other regulations, standards, and requirements applicable in the underlying zoning district shall be applicable, subject to any additional requirements, regulations, and standards which must be met pursuant to this Code for the establishment and operation of solid waste facilities.

(d)

Administrative procedures. Establishment of solid waste facility overlay zoning on a specific parcel of land shall be by amendment to the city's zoning map as provided by this article and pursuant to the procedures set forth in section 30-575. An application for a conditional use permit to allow a specific solid waste facility, if timely filed as provided by this article, may be processed by the city and considered by the city council along with an application to zone the affected property into the solid waste facilities overlay district.

(e)

Solid waste facilities restricted to SWF—Solid waste facilities overlay district. No solid waste facility, including any portion of a solid waste facility, any easements, water or air rights, all stormwater management facilities and all buffer areas or buffer zones required, needed or useful for the establishment and/or operation of the solid waste facility, with the exception of facilities necessary for monitoring the offsite impacts of the facility on ground and surface water, shall be located or operated in the city except in those areas of the city located within the SWF—Solid waste facilities overlay zoning district. Stormwater facilities serving approved SWF facilities can be located outside of the SWF overlay district if on a Zoning Lot (directly abutting the property of the approved use).

(Code 1982, § 900.12(18); Ord. No. 10-02, § 2, 3-15-2010; Ord. No. 23-14, § 1, 6-20-2023)

(a)

Purpose. The purpose of the mineral excavation overlay zoning district is to protect the public health, safety, and general welfare by providing a specific zoning district for the use of land for the establishment of mineral excavation operations and related facilities. Since these uses are so unique, the demands upon public services such as transportation are so intense, and their potential for causing harm to the environment and to the public health, safety and general welfare is so great, a special zoning district is necessary. Mineral excavation operations and related facilities shall not be permitted or conditional uses in any other zoning district.

(b)

Use regulations; effect of overlay zoning. The mineral excavation overlay district is an overlay zoning district. Land zoned into the mineral excavation district will also remain in its original zoning district (the underlying zoning district). All permitted, accessory, conditional, and interim uses allowed in the underlying zoning district will continue be allowed on land zoned into the mineral excavation overlay district, subject to all restrictions and requirements applicable in the underlying district. In addition to the uses allowed in the underlying zoning district, there shall be allowed in the mineral excavation overlay district the following conditional uses, subject to all requirements of this Code for the establishment and operation of such uses:

(1)

Mineral excavation operations and related facilities licensed under chapter 42, article II, as a conditional use.

(2)

Yard waste sites, as an interim use, provided:

a.

The yard waste site use shall terminate ten years from the date of approval or upon the termination of the conditional use permit for mining operations on the property, whichever occurs first.

b.

The city may require that an escrow be deposited to ensure that the conditions of the interim use are adhered to.

c.

Only yard waste and no other types of solid waste shall be accepted.

d.

The yard waste site shall be located no closer than 300 feet from any residentially used property as measured from the edge of the nearest compost pile to the nearest residentially used property.

e.

The yard waste site shall be enclosed by fencing or shall limit vehicular and pedestrian access through the use of berms, trees or other means.

f.

The site shall be maintained cleanly, including the immediate removal of waste materials deposited on or near the site which cannot be composted.

(c)

Dimensional and other regulations; performance standards. Dimensional regulations, setbacks, yard regulations, height regulations, sign regulations, parking and loading regulations, performance standards, and requirements applicable in the underlying zoning district shall be applicable in the mineral excavation overlay district, subject to any additional requirements, regulations, and standards which must be met pursuant to this Code for the establishment and operation of mineral excavation operations.

(d)

Zone change procedures and requirements. Establishment of mineral excavation overlay zoning on a specific parcel of land shall be by amendment to the city zoning map as provided by this article and pursuant to the procedures and requirements set forth in section 30-575 of this Code. Applications for a zone change to the mineral excavation district shall only be approved upon a finding that: (i) the requirements set forth in section 30-575 of this article have been met; (ii) the proposed zone change is consistent with the city's comprehensive plan; (iii) the proposed mineral extraction activities will fully comply with the applicable standards and requirements set forth in chapter 42, article II, division 2 of this Code; and (iv) the proposed activities will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the use, enjoyment or value of any neighboring property or use.

(e)

Conditional use permit procedures and requirements. Applications for conditional use permits to allow mineral excavation activities shall be approved pursuant to the procedures and requirements set forth in chapter 30, article VI, division 2, subdivision III of this Code, and only upon a finding that: (i) the standards for issuance of a conditional use permit set forth in section 30-654 of this Code have been met; (ii) the procedures set forth in chapter 42, article II, division 2 of this Code have been fully complied with; (iii) the standards and requirements set forth in chapter 42, article II, division 3 of this Code have been fully complied with; and (iv) the proposed mineral excavation activities will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to public health, safety or welfare, and will not impair the use of, enjoyment or value of any neighboring property.

(f)

[Conditions.] The council, in its discretion, may attach conditions to the issuance of a conditional use permit as provided in section 30-655 of this Code.

(g)

[Application.] An application for a conditional use permit to allow a specific mineral excavation operation, if timely filed as provided by this article, may be processed by the city and considered by the city council along with an application to zone the affected property into the mineral excavation overlay district.

(Code 1982, § 900.12(20); Ord. No. 09-03, § 2, 4-20-2009; Ord. No. 10-23, § 1, 12-13-2010)

(a)

Purpose. The purposes of the heritage preservation site overlay zoning district are to:

(1)

Safeguard the heritage of the city by preserving sites and structures which reflect elements of the city's cultural, social, economic, political, visual, or architectural history;

(2)

Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the city; and

(3)

Foster civic pride in the beauty and notable accomplishments of the past.

(b)

Effect of overlay zoning. Heritage preservation site overlay zoning shall be applied to and superimposed upon all zoning districts contained in this article and the official zoning map. The regulations and requirements imposed by heritage preservation site overlay zoning shall be in addition to those established for the base zoning districts, which jointly apply. Under the joint application of standards, the most restrictive requirements shall apply.

(c)

Studies and reports by city staff. The city council may direct the city staff to prepare studies which catalog buildings, land, areas, districts, or other objects to be considered for rezoning to the heritage preservation site overlay district. The building and zoning administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the city council.

(d)

Standards for establishment of district. The heritage preservation commission shall recommend to the planning commission that an area, building, district, or object be rezoned to the heritage preservation site overlay zoning district upon determining that such site meets one or more of the following criteria:

(1)

It has character, interest, or value as part of the development, heritage or cultural characteristics of the city, the state, or the United States;

(2)

Its location is the site of a significant historic event;

(3)

It has yielded, or is likely to yield, information important in prehistory or history;

(4)

It is associated with a person who significantly contributed to the culture and development of the city;

(5)

It embodies distinctive characteristics of an architectural style, period, form, or treatment;

(6)

It represents the work of an architect or master builder whose individual work has influenced the development of the city;

(7)

It embodies elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation; or

(8)

Its unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood, a community, or the city.

(e)

Communications with Minnesota Historical Society. A copy of the heritage preservation commission's recommendation on a proposed heritage preservation site, including boundaries, and a program for the preservation of the heritage preservation site, shall be sent to the Minnesota Historical Society in accordance with Minn. Stats. § 471.193, subd. 6.

(f)

Site alteration permit.

(1)

Work requiring permit; application. A heritage preservation site alteration permit is required to do any of the following in, on, or to a structure on property located within a heritage preservation site overlay zoning district in the city:

a.

Remodel, alter, or repair in any kind or manner that will alter the exterior appearance of a historic building, site, or landmark.

b.

Erect a building or any structure.

c.

Erect signs.

d.

Demolish any building in whole or in part. This does not apply to structures required to be demolished in accordance with Minn. Stats. ch. 463.

e.

Alter or remove a landform in whole or in part.

The application for a site alteration permit shall be accompanied by detailed plans, including a site plan, building elevations and design details, and materials necessary to evaluate the request. The city council shall make the determination whether to approve or disapprove the permit.

(2)

Reports by city staff. The building and zoning administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the city council.

(3)

Recommendation by heritage preservation commission. The heritage preservation commission shall review each application and make its recommendation to the city council relative to the request for a heritage preservation site alteration permit.

(4)

Criteria for approval. The city council shall approve, disapprove, and/or impose conditions on a heritage preservation site alteration permit after consideration of the heritage preservation commission's program for preservation and the Secretary of the Interior's standards for rehabilitation, as revised, and, if applicable, the recommendation of the planning commission.

(5)

Findings by council. The city council shall make findings as to whether a site alteration permit application should be approved or disapproved, or conditions imposed, as determined by the criteria specified in subsection (f)(4) of this section.

(6)

Hearing. Prior to the city council making its decision regarding an application for a site alteration permit for a heritage preservation site, the city council shall hold a public hearing on the application. Prior to such hearing, the city council shall cause to be published, in a newspaper of general circulation, notice of the hearing, at least ten days prior to the date of hearing. Notice of the hearing shall be sent to all property owners within 350 feet of the site of the proposed heritage preservation alteration.

(7)

Time limit for action by council. An application for a site alteration permit shall be acted on by the city council within 60 days. If the heritage preservation commission cannot make a recommendation of approval or disapproval to the city council within this timeframe, the application shall be forwarded to the city council for approval or disapproval of the permit without the heritage preservation commission's recommendations.

(g)

Emergency repairs. In emergency situations where immediate repair is needed to protect the safety of the structure and its inhabitants, the building and zoning official shall have the authority to enforce the city building code, and may approve the repair without prior heritage preservation commission or city council action.

(h)

Custody of reports and other documents. The office of the city clerk is designated as the repository for at least one copy of all studies, reports, recommendation, and programs required under this section.

(i)

Procedure for establishment of district.

(1)

Establishment of heritage preservation site overlay zoning on a specific parcel of land shall be by amendment to the city's zoning map as provided by this article and pursuant to the procedure set forth in section 30-575. The heritage preservation commission shall make findings as to whether a proposed heritage preservation site is eligible for heritage preservation site overlay zoning as determined by the standards specified in subsection (d) of this section. If the heritage preservation commission determines the site meets the standards in subsection (d) of this section, it shall forward its finding to the planning commission with its recommendation that the site be designated for heritage preservation site overlay zoning and its proposed program for the preservation of the site.

(2)

The planning commission shall recommend approval, rejection, or modification of the proposed rezoning to the city council. Such recommendation shall be based upon, but not be limited to, the following factors:

a.

The provisions of section 30-575.

b.

Any other planning considerations which may be relevant to the proposed rezoning upon the surrounding neighborhood.

c.

Any other planning considerations which may be relevant to the proposed rezoning.

The planning commission may make such modifications, changes, and alterations to the proposed rezoning as it deems necessary in its recommendation to the city council.

(Code 1982, § 900.12(21))

(a)

Purpose. The purpose of the antenna tower overlay district is to protect the public health, safety, general welfare, and to accommodate the telecommunication needs of residents and businesses by providing a specific zoning district for the use of land for the establishment and operation of wireless telecommunication towers. Since this use is unique, a special zoning district is appropriate, and the city reserves the right to determine the suitability of a rezoning request to antenna tower overlay district based on criteria which includes the following:

(1)

The compatibility of the rezoning request with surrounding land uses.

(2)

That the proposed rezoning is necessary in order to provide effective wireless telecommunication coverage for the city.

(3)

The rezoning is in accordance with the comprehensive plan for the city.

Wireless telecommunication towers shall not be permitted nor allowed as conditional uses in any other zoning district. This section shall apply to all towers over 60 feet in height.

(b)

Findings. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare, the city council finds these regulations necessary in order to:

(1)

Establish standards which permit a reasonable and equitable opportunity for the establishment of wireless telecommunication service in the city.

(2)

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

(3)

Minimize adverse visual effects of towers through careful design and siting standards which attempt to screen and/or camouflage towers and antennas from adjacent private and public property.

(4)

Maximize the use of existing and approved towers, buildings and other structures to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.

(c)

Uses. The antenna tower overlay district (AT) is an overlay zoning district; land zoned into the AT will also maintain its original zoning classification. All permitted, accessory, and conditional uses allowed in the underlying zoning district will continued to be allowed on land rezoned to AT, subject to all restrictions and requirements applicable in the underlying district. In addition to the uses allowed in the underlying district, the following uses shall be allowed as a conditional use in the AT: antenna arrays, including radio, television, commercial wireless telecommunication, and microwave transmitting and receiving equipment, supporting towers, buildings and enclosures accessory to the tower and antennas.

(d)

Collocation 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 communication service tower shall not be approved unless the city finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, building or other structure within a one mile search radius (one-half-mile search radius for towers under 120 feet in height, one-quarter-mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or approved tower, building or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be modified, reinforced 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, building or structure as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

c.

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

d.

Other unforeseen reasons make it not feasible to locate the planned telecommunications equipment upon an existing or approved tower, building or structure.

(2)

Any proposed wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects constructed, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future arrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(e)

Construction requirements. All antennas erected, constructed, or located within the city shall comply with the following requirements:

(1)

All applicable provisions of this Code.

(2)

Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association and all other applicable reviewing agencies.

(3)

With the exception of necessary electric and telephone service and connection lines approved by the city, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of any right-of-way, public street, highway, sidewalk, or property line.

(4)

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

(5)

All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.

(6)

All towers shall be protected against unauthorized climbing. The bottom of the tower (measured from ground level to 12 feet above ground level) shall be constructed in such a manner to preclude unauthorized climbing. The tower, antenna and supporting equipment shall be enclosed by an eight-foot-high chain link fence with a locked gate.

(7)

Metal towers shall be constructed of, or treated with, corrosive resistant material.

(8)

Only one tower shall exist at any one time on any lot or parcel. The minimum lot size requirement shall be one acre.

(f)

Design standards. All antennas erected, constructed, or located within the city shall comply with the following requirements:

(1)

Towers and antennas shall be designed to blend into the surrounding environment through the use of building materials, color, textures, camouflaging architectural treatment, screening and landscaping, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

(2)

Commercial wireless telecommunication service towers shall be of a monopole design unless the city council determines that an alternative design is preferred.

(g)

Signs and advertising. No advertising, logos or identification of any kind is permitted, except as may be required by federal and state authorities.

(h)

Accessory structures and equipment.

(1)

All accessory equipment related to towers and antennas must be housed within a structure. Existing structures shall be used whenever possible. Any new accessory buildings or structures shall be architecturally designed to blend in with the surrounding environment.

(2)

The use of compatible materials such as wood, brick, or stucco is required for associated support buildings. Equipment located on the roof of an existing building shall be screened from public view with building materials identical to or compatible with existing materials.

(3)

Ground-mounted structures shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and compliments the architectural character of the surrounding area. Removal of existing vegetation shall be minimized through careful site selection and design.

(i)

Illumination. Towers and antennas shall not be illuminated or display strobe lights unless specifically required by the Federal Aviation Administration or other federal or state authority. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower at the city's discretion.

(j)

Tower setbacks and tower height. Towers shall conform with each of the following requirements:

(1)

Towers shall not be located between a principal structure and an adjoining public street.

(2)

In industrial zones towers and accessory structures shall be set back 30 feet from the front property line, 25 feet from the side property line and 20 feet from the rear property line. In all other zones and from any property line abutting a residential use, towers and accessory structures shall meet setback requirements equal to the height of the tower from all property lines.

(3)

The maximum height of any tower, including antennas and other attachments, shall not exceed 150 feet.

(4)

The height of a tower may be increased by 24 feet to accommodate each additional user above those required by collocation up to a maximum height of 198 feet.

(5)

Engineered fall zone analysis shall be conducted by a qualified structural engineer. This report shall specify in writing that any collapse of the tower would occur within a specified fall zone within a lesser distance than the setback.

(k)

Time limit on tower completion. Once a tower is approved by the city, the tower must be substantially completed within one year, including any structures accompanying the tower, following the date of tower approval.

(l)

Interference with public safety telecommunications. No new or existing telecommunication service shall interfere with public safety telecommunication. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the city at least ten calendar days in advance of such changes and allow the city to monitor interference levels during the testing process.

(m)

Support of public warning systems. Telecommunication providers that utilize antennas erected after the effective date of the ordinance from which this section is derived shall participate in the emergency alert system (EAS), as defined by FCC rules and regulations, part 11, by broadcasting warnings of severe weather and other life-threatening emergencies to users of personal communications equipment served by the antennas. Telecommunication providers may be exempt from the requirements of this section under the following circumstances:

(1)

The telecommunication provider demonstrates that participation in EAS is not technologically feasible;

(2)

The telecommunication provider is unable to acquire any FCC waiver or exemption from licensing or other regulations that would prohibit participation in EAS; or

(3)

The state or regional EAS planning committee determines that participation by the telecommunication provider is not necessary.

(n)

Additional submittal requirements. In addition to the information required elsewhere in this Code, development applications for towers and/or antennas shall include the following supplemental information:

(1)

A report from a qualified and licensed professional engineer that provides the following:

a.

Describes the tower and/or antenna height and design including a cross section and elevation;

b.

Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

c.

Describe the tower's capacity, including number and type of antennas that can be accommodated;

d.

Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

e.

Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration and the FCC; and

f.

Demonstrates the tower's and/or antenna's compliance with all applicable structural and electrical standards, and includes an engineer's stamp and registration number.

(2)

For all commercial wireless telecommunication towers, a letter of intent committing the tower owner and his successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

(o)

Antennas mounted on roofs, walls, and existing towers.

(1)

The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be approved administratively, without requiring rezoning to antenna tower overlay district, provided the antennas meet all applicable requirements of this Code and the following:

a.

The maximum height of an antenna shall not exceed 15 feet above the roof and shall be set back at least ten feet from the roof edge.

b.

Wall or facade mounted antennas may not extend five feet above the cornice line and must be constructed of a material which matches the exterior of the building or structure.

(2)

In addition to the submittal requirements found elsewhere in this Code, an application for antennas mounted on roofs, walls and existing towers shall be accompanied by the following information:

a.

A site plan application which includes the location of the proposed antennas on the structure and elevations;

b.

An application for a building permit; and

c.

A report prepared by a qualified and licensed professional engineer indicating the structure or tower's suitability to accept the antenna, and the proposed method of affixing antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated.

(p)

Abandoned or unused towers. Abandoned or unused towers or portions of towers and accompanying accessory facilities shall be removed as follows:

(1)

All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city council. If the tower is not removed within 12 months of the cessation of operations at the site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.

(2)

Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.

(Code 1982, § 900.12(19))

Cross reference— Utilities, ch. 78.