(a)

Approvals required. The location and specification of direct access for a driveway and field access to any county road shall be approved by the county highway engineer and zoning administrator prior to any development of the property except as follows:

(1)

The location and specification of direct access for a driveway and field access to any township road shall be approved by the township board which has jurisdiction.

(2)

No driveway shall have direct access to any state highway without the prior approval of the state highway engineer of the district therein located.

(Ord. of 2-28-2012)

(a)

Height regulations.

(1)

Height limitations set forth elsewhere in this chapter may be increased by 100 percent when applied to the following:

a.

Monuments.

b.

Flagpoles.

c.

Cooling towers.

d.

Elevator penthouses.

e.

Grain elevators.

f.

Windmills.

(2)

Height limitations set forth elsewhere in this chapter may be increased with no limitation when applied to the following:

a.

Church spires, belfries or domes which do not contain usable space.

b.

Water towers.

c.

Chimneys or smokestacks.

d.

Radio or television transmitting towers.

e.

Essential service structures.

(b)

Yard regulations. Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications:

(1)

A landing place or uncovered porch may extend into the required front yard to a distance not exceeding eight feet, if the landing place or porch has its floor no higher than the entrance floor of the building.

(2)

The above-enumerated architectural features may also extend into any side or rear yard to the same extent.

(3)

A wall, fence or hedge may occupy part of the required front, side or rear yard.

(4)

On double frontage lots, the required front yard shall be provided on both streets.

(5)

The required front yard of a corner lot shall not contain any wall, fence or other structure, tree, shrub or other growth which may cause danger to traffic on a road by obscuring the view.

(c)

Lot area regulations. No lot shall be so reduced that the buildable lot area or dimensions of the open spaces shall be smaller than prescribed in this chapter.

(d)

Accessory buildings. In case an accessory building is attached to the main building, it shall be made structurally part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory building, unless attached to and made part of the main building, shall not be closer than five feet to the main building, except as otherwise provided in this chapter. A detached accessory building shall not be located in any required front yard.

(e)

Buildings to be moved. Any building or structure which has been wholly or partially erected on any premises, located either within or outside of the county, shall not be moved to and placed upon any other premises in this county until a construction permit is issued. Any such building or structure shall conform to all the provisions of this chapter, in the same manner as a new building or structure.

(f)

Traffic visibility. No fence, wall, structure, planting or obstruction shall be erected, established or maintained, on any corner lot exceeding 36 inches in height, as measured from the centerline elevation of the street, which will obstruct the view of a driver of a vehicle approaching the intersection.

(g)

Fences. All boundary line fences shall be entirely located upon the private property of the person constructing, or causing the construction of such fence, unless the owner of the property adjoining agrees, in writing, that such fence may be erected on the division line of the respective properties, provided property survey markers are present and known, otherwise a survey needs to be conducted. No setback requirements shall apply. Fences in the A, C, RR or RT districts shall not exceed six feet in height in the side and rear yards and shall not exceed 42 inches in height in the front yard, except this subsection shall not apply to livestock fences. Fences in the business and industry districts shall not exceed six feet in height, except security fences, which shall not exceed eight feet in height, including barbed wire toppings.

(Ord. of 2-28-2012)

Environmental hazards are a threat to the health safety and general welfare of the public.

(a)

Abatement of environmental hazards. Development permits and final plats shall not be approved until all known environmental hazards situated on the subject property have been abated in a manner prescribed by law. Environmental hazards include the following:

(1)

Unused or improperly sealed wells, cisterns, pits, tanks and similar hazards.

(2)

Unapproved sites where manmade articles are stored, abandoned or discarded.

(3)

Discarded appliances.

(4)

Inoperative or unlicensed motor vehicles, combustion engines and parts.

(5)

Any manmade product that is hazardous to life forms, or that has a hazardous byproduct.

(6)

Abandoned, dilapidated or burned out structures.

(7)

Derelict manufactured homes.

(8)

Other uses similar to those listed in this subsection.

(Ord. of 2-28-2012)

Cross reference— Environment, Ch. 6.

(a)

Generally. The county hereby adopts by reference Minn. Stats. §§ 103B.301—103B.355 as amended, for the purpose of managing water retention.

(b)

Impervious surface over one acre. New development that covers or replaces surface vegetation with an impervious coverage of one acre or more may not take place without the implementation of an approved stormwater management plan. Linear projects such as sidewalks, paths, trails and the reconstruction, repair, reconditioning or resurfacing of existing roads or impervious surfaces are exempt.

(c)

Development of bluff impact zones and steep slopes.

(1)

All development shall conform to the natural limitations presented by the topography and soil as to create the best potential for preventing soil erosion.

(2)

No structure shall be erected in any bluff impact zone as defined in this chapter. Essential services shall be exempt from this restriction.

(3)

Filling or cutting activity in any bluff impact zone shall be considered an interim use. In no case shall cutting or filling be allowed for accessing a potential building site or for the purpose of establishing a site for the erection of a structure.

(4)

Excavations to create walk-out basements are prohibited within any bluff impact zone.

(5)

Impervious surfaces such as patios are prohibited within any bluff impact zone.

(6)

No structure shall be erected within 30 feet of the top of a bluff. If the adjacent bluff is actively eroding, the zoning administrator shall require a geotechnical evaluation report from a licensed engineer to evaluate the stability of the bluff and to determine the appropriate setback based on the site and the proposed development. The zoning administrator shall increase the required setback based on the findings in the report when applicable.

The determination on when a geotechnical evaluation report is required shall be based on criteria such as the scale of proposed development (size, impervious surfaces, etc.), the proposed distance from the bluff, the height of the bluff, historic erosion, topography, and soils.

(7)

Development on steep slopes with a grade between eight to 18 percent shall be carefully reviewed to ensure adequate measures have been taken to prevent erosion, sedimentation and structural damage.

(d)

Erosion and sediment control.

(1)

Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development when necessary to control erosion. The county may require a stormwater drainage and erosion control plan by a certified registered professional engineer.

(2)

Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time.

(3)

The drainage system shall be constructed and operational as quickly as possible during construction.

(4)

Whenever possible, natural vegetation shall be retained and protected.

(5)

Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The soil shall be restored to a minimum depth of four inches and shall be of a quality at least equal to the soil quality prior to development.

(6)

When soil is exposed, the exposure shall be for the shortest feasible period of time. No exposure shall be planned to exceed 60 days. Such time period may be extended only if the planning commission is satisfied that adequate protective measures have been established and will remain in place.

(7)

The natural drainage system shall be used as far as is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for stormwater shall provide for natural or artificial water level control. Temporary storage areas or retention basins scattered throughout developed areas shall be encouraged to reduce peak flow, erosion damage and construction costs.

(e)

Exposed slopes. The following measures shall be taken to control erosion during construction or development:

(1)

No exposed slope should be steeper in grade than three feet horizontal to one foot vertical.

(2)

At the foot of each exposed slope, a channel and berm should be constructed to control runoff. The channelized water should be diverted to a sedimentation basin before being allowed to enter the natural drainage system.

(3)

Along the top of each exposed slope, a berm should be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind such berm cannot be diverted elsewhere and must be directed down slope, appropriate measures shall be taken to prevent erosion. Such measures should consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flow apron, an energy dissipater should be installed to prevent erosion at the discharge end. Where appropriate, the county may require a drop structure be constructed to soil and water conservation district standards.

(4)

Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils material and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jute netting, sod blanket, erosion mat, fast growing grasses or temporary seedings of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch should be anchored to slopes with liquid asphalt, stakes and netting, or worked into the soil to provide additional slope stability.

(5)

Control measures, other than those specifically stated in this subsection, may be used in place of such measures if they will as effectively protect exposed slopes.

(f)

Filling. Filling in excess of 500 cubic yards of fill in the A and C district and in excess of 50 cubic yards of fill in the RR and RT districts; that is not in connection with any other permitted use, except when constructing an approved sanitary subsurface sewage treatment system, shall require an interim use permit.

(g)

Preservation of natural drainageways.

(1)

Waterways.

a.

The use of storm sewers is not an acceptable alternative to the use of the natural aboveground drainage system to dispose of runoff. Storm sewers may only be used where it can be demonstrated that the use of the aboveground natural drainage system will inadequately dispose of runoff.

b.

The widths of a constructed waterway shall be sufficiently large enough to adequately channel runoff from a ten-year storm. Adequacy shall be determined by the expected runoff when full development of the drainage area is reached. An engineering report may be required in order to prove waterway adequacy.

c.

No fences or structures shall be constructed across the waterway that will reduce or restrict the flow of water.

d.

The banks of the waterway shall be protected with a permanent turf vegetation.

e.

The banks of the waterway should not exceed three feet horizontal to one foot vertical in gradient.

f.

The gradient of the waterway bed should not exceed a grade that will result in a velocity that will cause erosion to the banks of the waterway.

g.

The bed of the waterway should be protected with turf, sod or concrete. If turf or sod will not function properly, riprap may be used. Riprap shall consist of quarried limestone, fieldstone, if random riprap is used. The riprap shall be no smaller than two inches square or no larger than two feet square. Any other forms of riprap shall require an interim use permit.

h.

If the flow velocity in the waterway is such that erosion of the turf sidewall will occur and such velocity cannot be decreased via velocity control structures, then other materials may replace turf on the side walls. Either gravel or riprap would be allowed to prevent erosion at these points.

i.

A buffer strip of one rod shall be maintained in permanent vegetation on each side of the waterway.

(2)

Waterway velocity.

a.

The flow velocity of runoff in waterways shall be controlled to a velocity that will not cause erosion of the waterway.

b.

Flow velocity should be controlled through the installation of diversions, berm, slope drains, and other similarly effective velocity control structures.

(3)

Sediment control.

a.

To prevent sedimentation of waterways, pervious and impervious sediment traps and other sediment control structures shall be incorporated throughout the contributing watershed.

b.

Temporary pervious sediment traps may consist of a construction of bales of hay with a low spillway embankment section of sand and gravel or specifically designed fabric fences that permits a slow movement of water while filtering sediment. Such structures would serve as temporary sediment control features during the construction stage of development.

c.

Permanent impervious sediment control structures consist of sediment basins (debris basins, silt basins or traps) and shall be utilized to remove sediment from runoff prior to its disposal in any permanent body of water.

(4)

Maintenance of erosion control systems.

a.

The erosion and velocity control structures shall be maintained in a condition that will ensure continuous functioning.

b.

Sediment basins shall be maintained as the need occurs to ensure continuous desilting action.

c.

The areas utilized for runoff waterways and sediment basins shall not be allowed to exist in an unsightly condition. The banks of the sediment basins and waterways shall be landscaped.

d.

Prior to the approval of any plat for development, the developer shall make provisions for continued maintenance of the erosion control system.

(Ord. of 2-28-2012; Ord. of 1-19-2021(1), Att. A; Ord. of 5-24-2022; Ord. of 1-24-2023(2), Att. 1)

Cross reference— Erosion and sediment control.

(a)

Generally. Essential services have an effect upon urbanizing areas of the county, land uses, highway location, park and recreation areas, preservation of natural environmental areas, lakes, streams and rivers. The plans for the construction or modification of essential services shall be filed with the county, and a permit obtained, prior to beginning any condemnation action or construction.

(b)

Station to station transmission. Applications for essential services being transferred from station to station, to be located parallel to a county highway, and not intended for local distribution service shall be processed as follows:

(1)

The applicant shall file with the County Engineer and the Zoning Administrator maps indicating the location, alignment and type of the essential service proposed. If the essential service exceeds review thresholds for an environmental assessment worksheet (EAW), or environmental impact statement (EIS), as set forth in Minn. Rules, ch. 4410, the application shall include a copy of the EAW or EIS. The county will act within 60 days, upon acceptance of an application, with all supporting documents and fees.

(2)

All maps and accompanying data furnished by the applicant, together with comments from the administrator and engineer, shall be forwarded to the planning commission for a public hearing and review. In the process of review, the planning commission may require the applicant to furnish additional information necessary for their decision and recommendation to the board of commissioners.

(c)

Local distribution services. Applications for essential services to be located parallel to a county highway and for immediate local distribution to the general public shall be processed as follows:

(1)

The applicant shall file an application with the engineer, on forms supplied by the engineer, with maps showing the location, alignment and type of service proposed.

(2)

The application and accompanying data will be reviewed by the engineer, who will issue the permit normally within 14 days after determining that the application is complete and the proposal is acceptable.

(3)

The engineer may require in conjunction with the issuance of a permit that:

a.

The applicant submit as-built drawings after the construction is completed.

b.

The applicant construct the essential services to take into consideration contemplated widening, regrading or relocation of a county highway or county state aid highway.

c.

Other requirements as determined by the engineer after discussion with the essential service provider.

(d)

New essential services and substantial reconstruction setback. It is the intention of this chapter that essential services, not including transmission lines greater than 69 kilovolts, shall be located entirely within a public right-of-way, or set back a minimum of 130 feet from the centerline of any road on the county highway system when the following conditions exist:

(1)

When an essential service is to be constructed where it did not previously exist.

(2)

The substantial reconstruction of an existing essential service.

(3)

Other similar facilities defined in subsection 24-3(b), as determined by the county engineer after discussion with the essential service provider.

When essential services are to be relocated outside of the highway right-of-way as a result of this subsection, the county engineer will notify the affected property owner and the reasons for the relocation.

(e)

Maintenance exceptions. The following exceptions are permitted without compliance with subsection (d) of this section:

(1)

The minor, normal maintenance of existing lines and substations.

(2)

Service to individual users.

(3)

Essential service fed to the road right-of-way or easement of another jurisdiction from an essential service installed parallel to a road of the county highway system.

(f)

Variance. Pursuant to section 24-48(e), the owner may apply for a variance from the setback requirements of this section, including within private easements, when a practical difficulty exist.

(Ord. of 2-28-2012)

(a)

Dust. Solid or liquid particulate shall not be emitted at any point in concentrations exceeding the State or Federal EPA standards.

(b)

Explosives. Any use requiring the storage, utilization or manufacturing of explosive products which could degrade and become unstable shall comply with the state fire and safety rules, and shall not be located less than 400 feet from any R district line.

(c)

Exterior lighting. Any lights used for exterior illumination shall be directed away from adjoining properties.

(d)

Glare. Glare, whether direct or reflected, such as from floodlights, as differentiated from general illumination, shall not be directed at or illuminate adjacent properties.

(e)

Landscaping standards. All required yards shall either be landscaped or be left in a natural state. Any areas left in a natural state shall be properly maintained in a well-kept condition. GB, HB, LI, and HI districts adjoining the RR or RT districts shall be landscaped with buffer planting screens. Plans of such screens shall be submitted for approval as a part of the site plan and in conjunction with a construction permit application installed prior to occupancy.

(f)

Noise standards. Noise shall be measured on any property line of the tract on which the operation is located, and shall be muffled so as not to become objectionable due to interference, beat frequency, shrillness or intensity. Noise generated by agricultural use shall be exempted.

(g)

Odors. Any use established, enlarged or remodeled shall be so operated to minimize the emission of odorous matter beyond the lot line of the site on which such use is located.

(h)

Smoke and particulate matter. Any use established, enlarged or remodeled after June 8, 1996, shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to, or shall endanger the public safety, health, comfort or general welfare of the public and comply with the state standards.

(i)

Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil toxic or noxious matter exceeding the state and Federal EPA standards.

(j)

Vibration. Any use creating periodic earthshaking vibrations shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.

(Ord. of 2-28-2012)

Establishment. All lots, parcels, tracts and other legally described land, the deed to which has been recorded with the Blue Earth County Recorder, and which was in compliance with the official controls in effect at the time of recording, shall be considered developable, provided that:

(1)

The proposed use is allowed in the applicable zoning district and any applicable overlay district.

(2)

The proposed structure meets the standards of chapter 8 and chapter 14 of the Blue Earth County Code of Ordinances.

(3)

All sewage treatment and water well standards are met as specified in chapter 6 of the Blue Earth Code of Ordinances.

(4)

All applicable land use district setback, lot coverage, and impervious surface coverage requirements are met.

(5)

The property is not an outlot.

(6)

There is legal access from a public road to the property.

(Ord. of 2-28-2012; Ord. of 6-25-2024, Att. 1)

This section addresses performance standards for the establishment and placement of manufactured homes.

(a)

All manufactured homes brought into or relocated in unincorporated areas of the county shall be attached to permanent concrete frost footings or frost piers extending a minimum of 42 inches below grade. Construction and installation shall comply with requirements of Minn. Stats. §§ 327.31—327.35 (Minnesota Manufactured Home Building Code). All manufactured homes must have the wheels removed, be anchored and be skirted. A manufactured home constructed on or before July 1, 1972, is prohibited unless it has been upgraded to meet minimum requirements for manufactured homes constructed after July 1, 1972.

(b)

A manufactured home constructed and installed according to provisions of subsection 24-308(a) may be allowed in the A or C districts, for purposes of temporary housing while a permanent structure is being built. The temporary permit may not exceed two (2) years. Such permits shall be renewed on or before the anniversary date of the original permit.

(c)

Manufactured home parks shall contain manufactured homes constructed and installed according to requirements of Minn. Stats. §§ 327.31—327.35, and must be connected to municipal water and sewer, and must meet the standards of the state department of health and other requirements of this chapter. All manufactured homes permitted under this section must have the wheels removed, be anchored and be skirted.

(d)

Storm shelters meeting the requirements of Minn. Stats. § 327.205 shall be provided for all manufactured home parks.

(e)

Derelict manufactured homes. Existing structures meeting the definition of "manufactured home, derelict" as cited in this chapter, section 24-3(b), definitions and word usage, are prohibited. Any remaining derelict manufactured homes must be removed from the premises and properly disposed of. Said derelict manufactured homes shall not be used as storage structures.

(Ord. of 2-28-2012)

(a)

All legally established nonconformities may continue, but may not be expanded, extended, or enlarged except as set forth in this article or section 20-202(i), provided the nonconformity is managed in accordance with all applicable state statutes, state rules, and all standards of this section or ordinance. Nonconforming lots of record shall follow the standards of section 24-307.

(1)

Nonconforming uses. A nonconforming use shall be subject to the following standards:

a.

A nonconforming use shall not be expanded, enlarged, or altered, including any increase in volume, intensity, or frequency of use of the property. Structural alterations, expansion, and additions to a structure devoted in whole or in part to a nonconforming use are prohibited, as is the construction of a new structure where none previously existed.

b.

Structures used as part of a nonconforming use may not be changed to another nonconforming use.

c.

A nonconforming use shall not be moved to any other part of the property on which the nonconforming use is located.

d.

If a nonconforming use is replaced by a permitted use, the nonconforming status is no longer applicable.

e.

A nonconforming use that has been discontinued for a period of 12 consecutive months may not be re-established. Any further use of the property must be in conformity with the Blue Earth County Code of Ordinances. The time period will be calculated as beginning on the day following the last day the nonconforming use was in effect and will run continuously thereafter.

f.

If a structure used as part of a nonconforming use is damaged by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property was damaged, and subsequent use must be in conformity with the current Blue Earth County Code of Ordinances.

i.

The county may impose reasonable conditions upon a zoning or building permit to mitigate any newly created impact on adjacent property, roads, or water body.

(2)

Nonconforming structures. Nonconforming structures shall be subject to the following standards:

a.

A nonconforming structure existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, or improvement, but may not be expanded, enlarged, or altered.

b.

If a nonconforming structure is damaged by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, any subsequent structure must be conforming structure.

i.

The county may impose reasonable conditions upon a zoning or building permit to mitigate any newly created impact on adjacent property, roads, or water body.

c.

When a nonconforming structure in shoreland with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased by the county if practicable.

i.

The county may impose reasonable conditions upon a zoning or building permit to mitigate created impact on the adjacent property or water body.

d.

The following construction modifications of nonconforming structures shall not be considered an expansion, enlargement, and/or alteration:

i.

Construction to increase the pitch of a roof, provided the construction does not expand, enlarge, and/or intensify the use of the nonconforming structure by increasing the number of stories of the structure.

ii.

Construction that does not increase a structure's encroachment upon a setback. Planning and zoning staff may require verification from the county engineer that proposed construction will not create hazards to the traveling public before issuing a construction permit as outlined in this section. This exemption does not apply to bluff setbacks or setbacks for structures from waterbodies as specified in the shoreland ordinance due to the need to review environmental impacts.

e.

Nonconforming structures that are located within a floodplain shall follow the standards of chapter 8 of the Blue Earth County Code of Ordinances, as amended.

(Ord. of 2-28-2012; Ord. of 2-28-2012; Ord. of 6-25-2024, Att. 1)

(a)

Generally. All parking hereafter constructed or maintained shall conform with the provisions of this section and any other ordinances or regulations of the county.

(b)

Minimum parking space size regulations. Each space shall contain a minimum area of not less than 300 square feet, including access drives; a width of not less than nine feet; and a depth of not less than 19 feet. All loading spaces shall be sufficient to meet the requirements of each use and shall provide adequate space for storage and maneuvering of the vehicles they are designed to serve.

(c)

Reduction and use of parking and loading space. On-site parking facilities existing on June 8, 1996, shall not subsequently be reduced to an amount less than that required under this chapter for a similar new building or use. On-site parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter. Such required parking or loading space shall not be used for storage of goods or for storage of vehicles that are inoperable or for sale or rent.

(d)

Computing parking requirements. In computing the number of such parking spaces required, the following rules shall govern:

(1)

Floor space shall mean the gross floor area of the specific use.

(2)

Where fractional spaces result, the parking spaces required shall be construed to be the next whole number.

(3)

The parking space requirement for a use not specifically mentioned in this section shall be the same as required for a use of similar nature, as determined by the board of commissioners and the county planning commission.

(e)

Yards. GB, HB, LI or HI districts, no parking or loading space shall be located within ten feet of any property line that abuts any RR or RT districts.

(f)

Screening and landscaping. All open automobile parking areas containing more than four parking spaces shall be effectively screened from view on each side adjoining or fronting on any property situated in RR or RT districts by a wall, fence or densely planted compact hedge not less than four feet in height. The screening and landscaping plan shall show plant materials, bed location and other necessary information. The board of commissioners may waive this requirement if the closest point of such parking area is at least 75 feet from the nearest residential property line.

(g)

Access. Parking and loading space shall have access from a public right-of-way. The number and width of driveways shall be located to minimize traffic congestion and abnormal traffic hazard. Access to business or industrial uses across property in RR and RT districts is prohibited.

(h)

Location of parking facilities. Required off-street parking space shall be provided on the same lot as the principal building or use, except as provided in subsection (i) of this section.

(i)

Combined facilities. Combined or joint parking facilities may be provided for one or more buildings or uses in the GB and HB districts and in LI and HI districts, provided that the total number of spaces shall equal the sum of the requirements for each use.

(j)

Construction and maintenance. In GB and HB districts and in LI and HI districts, parking areas and access drives shall be covered with a dustfree, all-weather surface with proper surface drainage, as required by the county engineer. The operator of the principal building or use shall maintain parking and loading areas, access drives and yard areas in a slightly and well-kept condition.

(k)

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public rights-of-way so as not to create a nuisance.

(l)

Site plan. All plans submitted for a land development permits requiring more than four parking spaces or loading facilities shall include a site plan approved by the planning agency. The site plan shall be a part of the construction permit and occupancy and/or operations may not commence until all items shown on the site plan for parking and loading facilities have been completed. The site plan should include at least the following:

(1)

Land use district, setbacks and statement of use.

(2)

North point and scale.

(3)

All adjacent rights-of-way.

(4)

Entire ownership of lot or parcel being developed.

(5)

Completely dimensioned parking layouts.

(6)

Emergency vehicle access.

(7)

Owner's name and current address.

(8)

Location and type of screening or landscaping, when required.

(9)

Other information required by the planning agency or by this chapter.

(m)

Application of parking and loading regulations. Parking and loading regulations shall apply to all buildings and uses of land established after June 8, 1996.

(n)

Parking of commercial vehicles or equipment. No commercial vehicles, trailers or equipment shall be parked, stored or otherwise contained in a RR or RT district unless in a completely enclosed structure, or unless they are being used in conjunction with a legitimate service being rendered for the benefit of the residential premises.

(o)

Parking and storage of vehicles. Automotive vehicles or trailers of any kind or type without current legal license plates or those inoperable shall not be parked or stored on any property zoned C, RR or RT other than in completely enclosed buildings.

(p)

Required number of on-site parking spaces. On-site parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use. The minimum number of required on-site parking spaces are as follows:

(1)

Auto sales, trailer sales, marine and boat sales, implement sales, garden supply store, building materials sale, auto repair: Six parking spaces for the first 500 square feet, plus one space for each additional 1,000 square feet of display area.

(2)

Automobile service station: Three for each service stall, plus one parking space for each attendant on the major shift.

(3)

Churches: One parking space for each three seats, based on the design capacity of the main seating area.

(4)

Golf course, golf clubhouse, country club, swimming club, tennis club, public swimming pool: 50 parking spaces.

(5)

Nursing home: One parking space for each four beds, plus one parking space for each three employees on the major shift.

(6)

Multiple dwelling or manufactured home park: Two parking spaces per dwelling unit, apartment unit or manufactured home site.

(7)

Motel or motor hotel: One parking space for each rental room or suite.

(8)

Municipal administration buildings, community center, public library, museum, art galleries, post office, public service buildings, convention halls, arenas etc.: Ten parking spaces, plus one parking space for each 500 square feet of floor area in the principal structure.

(9)

Professional offices, office buildings, animal hospital, retail and service establishments: One parking space for each 250 square feet of gross floor area.

(10)

Restaurant, café, nightclub, tavern or bar: One parking space for each four seats based on design capacity, plus one parking space for each two employees.

(11)

Single-family dwelling: Two parking spaces per dwelling unit. Garage spaces will count toward fulfilling this requirement.

(12)

Storage, wholesale/warehouse establishments, research, experimental or testing stations: One parking space for each employee on the major shift or one parking space for each 300 square feet of gross floor area within the building, whichever is the greater.

(q)

Required number of on-site loading spaces. The minimum number of off-street loading and unloading spaces are as follows:

(1)

Retail stores, service establishments and office buildings: One space for the first 10,000 square feet of gross floor area and one space for each additional 50,000 square feet of gross floor area.

(2)

Nursing homes, etc.: One space, plus one additional space for each 100,000 square feet of gross floor area.

(3)

Restaurants: One space for structures over 10,000 square feet of gross floor area.

(4)

Manufacturing, fabrication, warehousing, storing, etc.: One space for each 30,000 square feet of gross floor area.

(Ord. of 2-28-2012)

This section is established to protect and promote health, safety, general welfare and order within the county through the establishment of comprehensive and uniform standards, regulations, and procedures governing the type, numbers, size, structure, location, height, lighting, erection, use or display of devices within or upon public rights-of-way or private properties.

(a)

Compliance with section provisions. Hereafter, no sign shall be erected, constructed, altered or modified except as regulated by the provisions of this section.

(b)

Sign permits; required. No sign shall be erected, re-erected or altered unless a permit has been obtained, unless no permit is required pursuant to subsection 24-311(d).

(c)

Application for a sign permit shall be made in writing on forms furnished by the zoning administrator. No separate land use development permit shall be required, but the zoning administrator may require filing of plans or other pertinent information where such information is necessary to ensure compliance with this chapter.

(d)

Exempted signs; no permit required. The following signs need no permit, but shall conform to the requirements of this section:

(1)

Signs for single-family or two-family dwellings identifying the occupant or street address, provided that such signs are less than one square foot in area.

(2)

Pedestrian, vehicular-traffic and parking directional signs in parking lots, provided that such signs are less than eight square feet in area and six feet in height. Such signs shall not be included in determining allowable signage.

(3)

Public signs, street signs, warning signs, railroad crossing signs or signs of public service companies for the purpose of safety.

(4)

Signs denoting the architect, engineer, contractor or owners, when placed upon a work site. Such signs shall be removed within ten days after completion of construction.

(5)

Signs designating candidates seeking public political office, provided that such election sign shall not exceed eight square feet in size. Such signs shall be located on private property and shall not be located on any intersection so as to obstruct vehicular lines of sight.

(6)

Signs or posters attached or painted on the inside of a display window. This shall include illuminated signs, but not flashing signs.

(7)

Flags, badges or insignia of any government, governmental agency, or any civic, religious, fraternal or similar organization.

(8)

Emergency signs required by any governmental agency.

(9)

Temporary real estate signs pertaining only to the sale, rental or development of the lot upon which displayed. Such signs shall not exceed six square feet for residential property or 24 square feet for other property. One sign shall be permitted for each lot and must be removed within ten days following the sale, lease or development.

(10)

Banners placed on private property for advertising a special sales event or grand opening.

(11)

Memorial signs or tablets, names of buildings and date of erection when cut into or attached to any masonry surface or incombustible material.

(12)

Level I home occupation signs, non-illuminated, attached to the wall of a dwelling, and not exceeding one and one-half square feet in area.

(13)

Temporary real estate development signs pertaining to the sale, rental or development of the premises upon which displayed. One sign is permitted per development. No sign shall exceed 32 square feet. Signs shall be properly maintained and removed when 80 percent of the project is sold, rented or developed.

(14)

Agricultural related signage, nonilluminated, and not be located on any intersection so as to obstruct vehicular lines of sight. Not to exceed 32 square feet in size.

(e)

Prohibited signs. The following signs are prohibited:

(1)

Signs that by reason of position, shape or color, would interfere with the proper function of a traffic sign or signal or be misleading to vehicular traffic.

(2)

Signs within a public right-of-way or easement, except for signs installed by governmental subdivisions.

(3)

Signs that resemble any official marker erected by a governmental agency or that display such words as "stop" or "danger," and are not erected by legal authority.

(4)

Signs attached to trees or utility poles.

(5)

Signs with rotating beam or flashing illumination.

(6)

Signs advertising by letters, words or figures painted upon any road within the county.

(7)

Advertising signs painted on any exterior building surface. Such signs shall be on a separate frame and shall not extend beyond 18 inches from the wall surface.

(8)

Trademark signs in excess of two per business.

(9)

Signs which project over a public right-of-way.

(10)

Rotating signs.

(11)

Signs painted or attached to vehicles or trailers where the vehicle or trailer is parked on a property and not intended to be moved.

(f)

General requirements.

(1)

Maintenance of sign. All signs shall be maintained by the owner in a safe condition. A sign shall be repainted whenever its paint begins to fade, chip or discolor.

(2)

Removal of sign. On-premises signs shall be removed from a building and property by the owner of such property within 30 days after termination of the use for which it was intended.

(3)

Unsafe sign. If the zoning administrator shall find that any sign is unsafe, a detriment to the public, not maintained, or constructed, erected or maintained in violation of the provisions of this article, the zoning administrator shall give written notice to the property owner to be repaired or removed within a time frame set forth by the zoning administrator.

(4)

Elevated signs. In all commercial or industrial zones, the height of any freestanding or pole signs which are intended to be viewed from an elevated four lane highway which identifies highway-oriented businesses and which signs are to be located within 200 feet of the highway right-of-way line may exceed district height standards, provided that the maximum height to the top of the sign shall not exceed 15 feet above the grade elevation of such elevated four lane highway directly adjacent to such property on which the sign is positioned.

a.

Elevated signs shall be separated by 400 feet from another elevated sign.

b.

Elevated signs adjacent to residential uses shall require the issuance of an interim use permit by the board of commissioners.

(g)

Nonconforming signs.

(1)

Establishment of nonconformity. Any sign legally existing on or before June 8, 1996, which does not conform to the requirements set forth in this article, shall be considered a nonconforming sign.

(2)

Maintenance. Any sign erected before June 8, 1996, shall not be rebuilt, moved to a new location on the affected property, or altered except for the changing of movable parts of signs which are designed for changes, or the repainting of display matter for maintenance purposes without being brought into compliance with the requirements of this article.

(h)

Permitted on-premises signs.

(1)

A, C, RR and RT district permitted on-premises signs. The following signs are permitted in A, C, RR and RT districts:

a.

In a residential district, one non-illuminated nameplate or professional identification of not more than one and one-half square feet in size identifying the owner or occupant.

b.

Signs advertising the seasonal sale of agricultural products not exceeding 32 square feet in area.

c.

Religious uses, public institutions, nonresidential, residential development identification signs, and level II home occupation signs not exceeding 32 square feet in area. Such identification signs may be wall-mounted or ground-mounted, or a combination of the two. A ground sign shall not exceed 15 feet in height. There may be a second sign if the use abuts two or more public streets.

d.

All signs shall be set back five feet from the property line.

(2)

GB district permitted on-premises signs. The total area of all signs shall not exceed two times the front linear frontage of the lot. Lots on intersecting streets or facing two parallel streets shall be permitted 150 percent of the total allowable sign area, with no more than 100 percent on any one street.

a.

The following signs are permitted in GB districts:

1.

Wall or ground signs identifying the name or type of business.

2.

Parking signs as regulated in section 34-310.

b.

The following additional standards apply to GB on-premises permitted signs:

1.

Maximum height of a ground sign shall not exceed 30 feet.

2.

Wall signs shall not project in excess of one foot above the roofline.

3.

Roof signs shall not exceed ten feet in height.

4.

Projecting signs, provided that a minimum underside clearance of at least 14 feet is provided.

5.

No more than four signs shall be permitted, including one ground sign per lot.

6.

Ground signs shall be set back a minimum of five feet from lot lines.

7.

Clustered or planned developments located on a single lot shall be permitted one ground (joint identification) sign identifying the name of the development and/or businesses within the development and one wall sign per business. Area of all signs shall not exceed the total allowable signage for the lot.

(3)

HB on-premises permitted signs. The total area of all signs shall not exceed three times the front linear frontage of the lot. Lots on intersecting streets or facing two parallel streets shall be permitted 150 percent of the total allowable sign area, with no more than 100 percent on any one street.

a.

The following signs are permitted in HB districts:

1.

Wall or ground signs identifying the name or type of business.

2.

Parking signs as regulated in subsection 24-311(d).

b.

The following additional standards apply to HB on-premises permitted signs:

1.

Maximum height of a ground sign shall not exceed 40 feet.

2.

Wall signs shall not project in excess of one foot above the roofline.

3.

Roof signs shall not exceed 15 feet in height.

4.

Projecting signs, provided that there shall be not more than one such sign, shall project not more than six feet from the face of the building, and shall have a minimum underside clearance of at least 14 feet.

5.

No more than four signs shall be permitted, not more than two being ground signs per lot.

6.

Ground signs shall be set back a minimum of five feet from lot lines.

7.

Clustered or planned developments located on a single lot shall be permitted one ground (joint identification) sign identifying the name of the development and/or businesses within the development and one wall sign per business. Area of all signs shall not exceed the total allowable signage for the lot.

(4)

LI and HI on-premises permitted signs. The total area of all signs shall not exceed two times the front linear frontage of the lot. Area of all signs shall not exceed the total allowable signage for the lot.

a.

The following signs are permitted in LI and HI districts:

1.

Wall or ground signs identifying the name or type of business.

2.

Parking signs as regulated in section 24-310.

(i)

Off-premises signs.

(1)

Interim use permit required. Off-premises signs may be allowed pursuant to an interim use permit in GB, HB, LI and HI land use districts. Existing off-premises signs located within the GB, HB, LI, and HI districts may be moved and reconstructed pursuant to an interim use permit, provided that the sign is located along the same right-of-way, is located within the same contiguous zoning district as the existing sign, and complies with all other requirements of this section.

(2)

Standards. Off-premises signage shall meet the following standards:

a.

Shall not exceed 700 square feet in total area. Maximum allowable signage shall be computed on the basis of one side of any double-faced sign.

b.

Shall not exceed 30 feet in height, measured from street or highway surface elevation to the highest point of such sign. Signs abutting an elevated state or federal highway may exceed the maximum height requirement, provided that the top of the sign shall not exceed 15 feet above the grade elevation of such elevated four-lane highway directly adjacent to such property on which the sign is positioned.

c.

Shall not be within 200 feet of a residential land use district, park, playground, school or building used for religious purposes.

d.

Shall be set back from all street right-of-way lines a minimum of 20 feet, except as provided in subsection 24-311(i)(2)e.

e.

When a sign is to be located along a designated highway where such sign is not adjacent to a front property line, there shall be a minimum setback of five feet.

f.

The source light for the purpose of illumination may be indirect or direct and shall not be directed in any way except into the advertising copy.

g.

The exposed uprights or superstructure shall be painted a neutral color.

h.

The area around a ground-mounted off-premises sign shall be appropriately landscaped and regularly maintained.

i.

All ground/pylon support structures shall be monopole design and shall meet appropriate safety/construction codes relating to wind-loading and structural design.

j.

Off-premises signs located on a roof shall not be permitted.

(3)

Mankato urban fringe standards.

a.

Within the Mankato urban fringe overlay district, signs shall be located only on state and federal highways.

b.

Within the Mankato urban fringe overlay district, signs shall be located on a platted lot and shall be considered to be the principal use of the property.

c.

Within the Mankato urban fringe overlay district off-premises signs on the same side of the street or highway shall have a minimum separation distance of 1,500 feet between signs. In other areas of the county the separation distance shall be 1,000 feet between off-premises signs on the same side of the road.

d.

Signs shall not be located within 1,000 feet of the middle of intersecting rights-of-way of principal arterials identified in figure 10 of the adopted Mankato Area Transportation and Planning Study (MATAPS) and shall be set back 300 feet from the middle of all other intersecting roadways.

(j)

Temporary signs; standards. Temporary use of signs shall be allowed in excess of and in addition to the sign limitations of this article. The following provisions shall apply:

(1)

Such signs may be located on a property for continuous periods not to exceed 30 days.

(2)

No property shall be allowed more than four such periods in any 12-month period.

(3)

Such signs shall comply with setback provisions for ground signs in each land use district.

(4)

Such signs shall only be permitted in A, C, GB, HB, LI and HI districts.

(Ord. of 2-28-2012; Ord. of 1-19-2021(1), Att. A)

No structure shall be erected, trees or bushes planted, or when there is snow on the ground, materials stored, including stacks or bales of fodder and bedding, over three feet in height, nor shall vehicles, trailers, equipment or machinery be parked or temporarily stored within 130 feet from the centerline of a county road without prior review and approval by the county engineer.

(Ord. of 2-28-2012)

(a)

Generally. All sewage and water systems hereafter constructed or maintained shall conform with the provisions of this section, and any other applicable ordinances or regulations of the county and the state. The minimum lot area requirement may be increased in order to provide adequate on-site capability for individual sewage disposal systems and water supply wells.

(b)

Public sanitary sewers. Public sanitary sewers shall be installed as required by standards and specifications as established by applicable Minnesota Rules or Statutes. Where municipal public sanitary sewer is not available, the board of commissioners may, by resolution allow for such sewers to serve all properties in an area where a complete and adequate community sanitary sewer system and plant are designed, with complete plans for the system required to be submitted to and approved by the board of commissioners, the Minnesota Pollution Control Agency, the Minnesota Department of Health and any other state required agencies before construction. The board of commissioners may require any special data, engineering reports or studies necessary to determine the feasibility of the sewage treatment system. Such additional data shall be submitted by the applicant at no cost to the county.

(c)

Subsurface sewage treatment systems. In all land use districts, the location and installation of subsurface sewage treatment systems (SSTS) and each part shall comply with Minnesota Rule 7080-7081 such that, with reasonable maintenance, the SSTS will function in a sanitary manner and will protect public health and safety, groundwater quality, and reduce and/or prevent the development of public nuisances. When conducting a suitability determination for a building lot, accommodations for a SSTS meeting the standards of Minn. Rules, Chapter 7080-7081 and chapter 6 article V of the Blue Earth County Code of Ordinances must be made. If the lot was created after January 23, 1996, the lot must be suitable to accommodate two sewage treatment systems of appropriate size that will comply with Minn. Rules, Chapter 7080-7081 and chapter 6 article V of the Blue Earth Code of Ordinances.

(d)

Nonconforming subsurface sewage treatment systems. A sewage treatment system not meeting the requirements of Minn. Rules, Chapter 7080-7081, must be brought into conformance when a land development permit of any type is requested on a property.

(e)

Water wells. All new water wells constructed in the county, whether private or community; shall be constructed in accordance with Minn. Rules Chapter 4720 and 4725, including any revisions or additions to such rules.

(f)

Permit required. A permit shall be required for each subsurface sewage treatment system installed in the county. Such permit will be issued only when a MPCA certified ssts inspector, employed by the county, has determined that the requirements of this chapter and other applicable regulations have been complied with. A permit shall be required for each new drinking, industrial/commercial or irrigation well installed in the county. Such permit will be issued only when a MDH certified well inspector, employed by the county, has determined that the requirements of this chapter and other applicable regulations have been complied with. If an approved municipal water and/or sewer system is reasonably available for use, as determined by the appropriate community; said community may require connection to the community water and/or sewer system. If a SSTS is to be installed within the boundaries of a community, approval from the community must be granted to the county in writing before the county may issue the required permit.

(Ord. of 2-28-2012)

This section addresses performance standards for the establishment and operation of bed and breakfast/inns as defined by this chapter.

The following standards shall apply to all bed and breakfast/inns:

(a)

They may only occur in an existing owner occupied single family dwelling and the exterior appearance of the structure shall not be altered from its single family character. All guestrooms, shall be located within the principal residential structure.

(b)

Owner must show proof of liability insurance annually.

(c)

An annual inspection by the area serving fire department and environmental services must be established.

(d)

The use shall comply with all applicable federal, state and county rules and regulations.

(e)

The total number of guestrooms shall be limited to four.

(f)

Primary entrance to all guestrooms shall be from within the dwelling.

(g)

A guest register shall be maintained and available for county inspection.

(h)

Guests are limited to a length of stay of no more than seven consecutive days.

(i)

No food preparation or cooking shall be conducted within any of the guestrooms.

(j)

Food service shall be limited to breakfast.

(k)

No other commercial use shall occur on the property, including home occupations. Activities including luncheons, banquets, parties, weddings, meetings, fund raising events or other gatherings for direct or indirect compensation are prohibited in a bed and breakfast/inn.

(l)

Parking shall be accommodated on the property and parking requirements for guests are in addition to those required for the principal residential use. Additionally, parking shall meet the requirements of 24-310.

(m)

Signs shall meet the requirements of 24-311.

(n)

The applicant must insure that all Minnesota Department of Health requirements are met.

(Ord. of 2-28-2012)

Purpose. This section is established to protect the health, safety, and general welfare within the county through uniform standards and regulations for campgrounds. All campgrounds shall conform to the following standards:

(a)

Application requirements. Any person proposing a campground shall make a written land use development application to the county. Application for such permit shall not be complete unless it contains the following:

(1)

A site plan showing the location of existing wells, sewage treatment systems, buildings, driveways, bluffs, vegetation, steep slopes, lakes, rivers, streams, floodplain boundaries, and wetlands.

(2)

A site plan showing the proposed location of all improvements including, but not limited to, storage areas, recreation areas, bathroom facilities, solid waste and recycling collection facilities, roadways, trails, parking areas, wells, sewage treatment facilities, stormwater storage, and camp sites with dimensions.

(3)

Detailed grading plan with two-foot contour intervals.

(4)

Written description of the operating plan for the campground including all services and activities like large events that are proposed in the campground.

(5)

Plans for sanitary sewage disposal, water supply systems, emergency shelter and evacuation, electrical service, lighting, landscaping, screening and collection of garbage and refuse.

(6)

Stormwater pollution prevention plan and operation and maintenance plans for all permanent and temporary stormwater control measures, when applicable.

(7)

Location and size of all proposed streets and parking areas servicing the campground. Construction plans and specifications for roadways within the campground.

(8)

Other site-specific information may be required or requested by the county.

(9)

Application fees.

(b)

Performance standards. All campgrounds shall meet the following standards:

(1)

All sewage and wastewater must be discharged into an approved municipal sewage treatment system if one is available or a subsurface sewage treatment system that meets the requirements of Minnesota Rules Chapter 7080 and the County Code, chapter 6, subsurface sewage treatment systems. No wastewater from recreational camping vehicles shall be deposited on the surface of the ground.

(2)

Toilet facilities must be provided within 400 feet of any campsite in accordance with Minnesota Rules Chapter 4630.0900.

(3)

Toilet and shower facilities must be provided in all campgrounds which house recreational camping vehicles which are not equipped with toilet and bathing facilities, in accordance with the schedule and standards in Minnesota Rules Chapter 4630.0900.

(4)

Sewage dumping station. Campgrounds accommodating recreational camping vehicles having a self-contained liquid waste system with a waste reservoir shall provide a sanitary station for the disposal of wastewater. Sewage dumping stations shall be separated from any camp site by a distance of at least 50 feet. Final disposal of sewage from such dumping stations shall be by a method acceptable to the Minnesota Pollution Control Agency and Department of Health.

(5)

Water supply. The water supply for all campgrounds must meet all Minnesota Department of Health requirements for public water supplies and water wells. Drinking water from the water supply must be available within 400 feet of every campsite in accordance with Minnesota Rules Chapter 4630.0600.

(6)

All plumbing must be installed in accordance with the Minnesota Plumbing Code, Minnesota Rules Chapter 4715.

(7)

Setbacks. All camp sites shall meet the side, rear and front yard setbacks for a primary use of the zoning district where they are located. All campsites must also be outside the bluff impact zone.

(8)

Floodplain. All campsites must be located outside of the flood fringe, floodway, or general floodplain district.

(9)

All recreational camping vehicles and their attachments shall be separated from each other or other structures by at least ten feet as required by Minnesota Rules Chapter 4630.0400.

(10)

Minimum camp site size. All camp sites for recreational camping vehicles shall have a minimum size of 2,000 square feet as required by Minnesota Rules Chapter 4630.0400.

(11)

The storage, collection, and disposal of refuse and garbage in the campground shall be conducted in accordance with chapter 16 (solid waste management) of the county Code to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution.

(12)

Refuse and garbage collection shall be made at least twice each week and more often where necessary to prevent nuisance conditions. Final disposal of refuse and shall be accomplished at a waste management facility permitted by the state and licensed by the county.

(13)

Adequate number of fly tight, watertight and rodent proof containers must be provided for all garbage and refuse. Garbage or refuse may not be burned, incinerated or buried on site.

(14)

All interior streets and roadways in the campground shall be maintained to allow safe passage of normal traffic and emergency vehicles.

(15)

Each camp site shall have signage identifying the site with a non-duplicated number or letter. The campground operator shall notify the planning agency of any changes so that the 911-emergency response system maps are current.

(16)

Campgrounds adjacent to private land shall indicate the property boundary through signage, fencing, or other means.

(17)

All recreational camping vehicles shall have a current state vehicle license for those states that require a license.

(18)

All campgrounds shall have a property manager. Instructions shall be posted and made available to users of the campground on how to contact that person.

(19)

Campgrounds which require permanent stormwater management facilities or best management practices shall be designed in accordance with the MPCA NPDES construction stormwater permit and Blue Earth County stormwater standards.

(20)

Signage for the campground must meet the standards contained in section 24-311, signs of the county Code.

(21)

Parking for the campground must be off-street and meet the standards contained in section 24-310, parking and loading regulations of the county Code.

(22)

A permanent dwelling for caretaker may be allowed provided the dwelling meets all density and applicable zoning district standards.

(23)

Campgrounds shall be operated on a seasonal basis and may only be open seven months a year.

(Ord. of 2-28-2012; Ord. of 4-27-2021, Att. A)

This section addresses performance standards for siting, design and installation of towers. Cellular telecommunication and personal communication service towers and facilities are listed as conditional uses in the A, LI and HI districts. The use of property for the installation or construction of cellular telecommunication and personal communication service towers and facilities shall conform to the following standards:

(a)

Setback. The tower shall be set back from all property lines a distance equal to or greater than the height of the tower measured from the ground surface to the top of the tower and associated antennas.

(b)

Location requirements. Before an applicant wishing to locate a new tower in the county is given permission by the board of commissioners to construct such tower, they must provide documentation proving that it is impractical to collocate on existing structures because of technical performance, system coverage or system capacity, or the lease rate of an existing structure is not rate reasonable. The term "rate reasonable" shall mean that the collocation lease rate is not more than 150 percent of the collocation rate for towers within ten miles for which such lease rate information can be obtained. The determination that location on an existing structure is not practical, because of technical performance, system coverage or system capacity shall be supported by findings from a qualified engineer.

(c)

Collocation requirements for new structures. New towers shall be designed and constructed to permit the future collocation of other commercial wireless telecommunications services, according to the following criteria:

In satisfying collocation requirements, the owner of the tower must provide adequate access to the tower site and space within the owned or leased area to accommodate collocation user's equipment. Nothing in the regulations of this section shall prevent the owner of the tower from requiring a remuneration from a collocation user, provided that such remuneration is rate reasonable. The owner of the tower may also establish reasonable technical requirement for collocation to protect the owner's investment and guarantee effective telecommunication service. The owner of the tower shall have the authority to review all plans for collocation uses and require reasonable modifications for such plans to ensure safe and efficient operation of the communications services and protect the owner's investment.

(d)

Tower and antenna design. Towers and antennas shall be located and designed to blend into the surrounding environment to the maximum extent possible. Side elevations of the tower, and/or other visual aids which depict the proposed tower at the chosen location, shall be furnished as part of the conditional use permit application. The aforementioned elevations and/or visual aides shall portray the tower in the surrounding natural environment. Towers shall be of a monopole design unless it is determined that an alternative design would be appropriate for the particular site or circumstance. All towers shall be painted in a color best determined by the county to blend into the particular environment unless alternating red and white colors are required by federal agencies.

(e)

Tower setbacks. All towers shall be setback from structures, rights-of-way and property lines at a distance equal to the height of the towers and antennas. The setbacks may be reduced to a distance agreed upon by the county, if the applicant furnishes a registered engineer's certification that the tower is designed to collapse, fall, curl or bend within a distance or zone shorter than the tower height. The county may waive or modify setback requirements for antennas proposed to be collocated on existing towers or structures.

(f)

Lighting. Towers shall not be illuminated unless required by a state or federal agency.

(g)

Security. The site area for new or modified commercial wireless telecommunications towers shall be adequately fenced in to discourage access by unauthorized persons. The county shall review and approve or modify all plans for fencing and security measures.

(h)

Accessory structures. The applicant shall submit site plans, elevation and construction details for all towers, antennas and accessory structures to be located on a site. All equipment must be enclosed within a building. The county may require that any accessory structure be designed compatible with surrounding structures or natural environment and may require that landscaping materials be provided to screen accessory structures or equipment. Collocation users must construct buildings compatible with existing buildings on the premises.

(i)

Signs. Signs, other than warning signs, equipment labels, emergency information or owner identification are prohibited on any towers, antennas or accessory structure of equipment. No permitted sign shall exceed three square feet in area.

(j)

Interference. No wireless communications service shall be permitted that causes any interference with commercial or private use and enjoyment of other legally operating telecommunications devices including, but not limited to, radios, televisions, personal computers, telephones, personal communications devices, garage door openers, security systems, and other electronic equipment and devices. An applicant must furnish a state registered engineer's certification that no such interference will occur, or identify what interference may occur and how the applicant will mitigate any potential interference that may occur.

(k)

Construction requirements. All wireless communication towers, antennas and accessory uses shall be designed and constructed in accordance with all provisions of this chapter and all applicable state and federal codes. All plans must be certified by an engineer registered in the state.

(l)

Abandonment. All towers and antennas not used for a period of 12 consecutive months shall be considered abandoned and shall be removed. The applicant must furnish a copy of the relevant portion of an executed lease, which identifies the applicant's obligation to remove abandoned or unused towers, concrete footings, anchors, supporting equipment and antennas prior to the issuance of a conditional use permit to erect a tower. The county shall require financial assurances including bonds in an amount sufficient to cover costs of removal of towers, buildings, concrete footings, anchors, supporting equipment and antennas. An engineer's cost estimate which documents removal costs of the tower, building, concrete footings, anchors, supporting equipment and antennas shall be submitted with the conditional use permit application. Such engineer's cost estimate is to assist the board of commissioners in determining the amount of financial assurance necessary to cover removal costs of such towers, buildings, concrete footings, anchors, supporting equipment and antennas. If any towers, buildings, concrete footings, anchors, supporting equipment and antennas have not been removed within 90 days' written notice by the county after abandonment, the county shall have the right to remove the towers, buildings, concrete footings, anchors, supporting equipment and antennas, and assess the property.

(m)

Other requirements. The county may require additional information from the applicant and impose additional standards and regulations in approving plans or wireless telecommunications services to ensure and protect the public health, safety and welfare.

(Ord. of 2-28-2012)

The purpose of this section is to allow elder care/dependent care units to provide additional housing opportunities for family members infirmed or with disabilities, their care provider(s), and/or family members with a need for semi-independent living situations. Elder care/dependent care units have been found to be a compatible secondary or subordinate use to single-family dwellings that under certain performance standards will not negatively alter the character of the surrounding neighborhood. An elder care/dependent care unit is not designed nor intended to conflict with the purpose and intent of a specific zoning district or act as an alternative to increase residential dwelling density.

(a)

Permit/application procedures.

(1)

In addition to general procedures, standards and criteria provided in this chapter, attached elder care/dependent care units and detached elder care/dependent care units may be allowed in applicable zoning districts provided they are consistent with the eligibility and performance standards outlined in subsection 24-324(b).

(2)

Applications for elder care/dependent care units shall include building plans and describe in detail how the structure will be modified to meet the termination requirements of subsection 24-324(c).

(3)

Fees. The zoning application fee shall be established by resolution of the county board.

(b)

Performance standards.

(1)

Any site proposed for an elder care/dependent care unit shall contain a principal single-family dwelling. For sites without an existing principal single-family dwelling, an attached or detached accessory dwelling unit may be approved conditional to the unit being constructed concurrently with the principal single-family dwelling.

(2)

Not more than one elder care/dependent care unit shall be allowed on a parcel or tract of land.

(3)

Occupancy of the elder care/dependent care unit is limited to family members related by blood, marriage, or adoption and/or their care provider(s). There shall be an annual verification that the persons living in the elder care/dependent care unit are family members or the care provider(s) as defined herein.

(4)

In no case shall the total square footage of an elder care/dependent care dwelling unit exceed 1,200 square feet of living space.

(5)

An elder care/dependent care unit shall not contain more than two bathrooms, one kitchen (with or without eating area), one utility room, two bedrooms, and one living/multi-purpose room. An elder care/dependent care unit may include an attached garage.

(6)

Sewage treatment shall be provided for the elder care/dependent care unit in accordance with the county subsurface sewage treatment system ordinance [chapter 6, article V], or served by municipal sewer.

(7)

In addition to the parking spaces required for the principal single-family dwelling on the property, a minimum of one off-street parking space shall be provided for the elder care/dependent care unit.

(8)

An elder care/dependent care unit and its supporting parking area shall be served by the same driveway and access that serves the principal single-family dwelling.

(9)

Detached elder care/dependent care units shall meet principal building setbacks and be separated by at least ten feet from the principal single-family dwelling, but not more than 150 feet.

(10)

An elder care/dependent care unit shall not be subdivided or otherwise segregated in ownership from the principal single-family dwelling without meeting applicable setbacks and density regulations for dwellings.

(11)

The elder care/dependent care unit shall comply with all other local and state regulations.

(12)

Additional conditions may be imposed to ensure that the proposed use is compatible with the surrounding land uses.

(c)

Termination/expiration.

(1)

Any elder care/dependent care unit permit may be terminated if the use in question violates any of the standards of this chapter, or any conditions placed on the permit.

(2)

An elder care/dependent care unit permit shall expire when the unit is no longer occupied by a family member needing care or occupied by their care provider(s).

(3)

An elder care/dependent care unit permit shall expire if the property is divided resulting in the principal dwelling and elder care/dependent care dwellings being on separate parcels.

(4)

When no longer occupied by one or more family members needing care or their care provider(s), within one year, attached elder care/dependent care units and the original structure shall be converted back to a single-family dwelling as outlined in the plans submitted with the application. The applicants shall contact planning staff when the need no longer exists. Planning staff shall conduct an inspection to verify the structure has been properly modified and is consistent with a single-family dwelling.

(5)

When no longer occupied by one or more family members needing care or their care provider(s), detached elder care/dependent care units shall no longer be used as temporary or permanent residential housing. Within one year, the structure shall be removed from the property or converted to an accessory structure as outlined in the plans submitted with the application. The applicants shall contact planning staff when the need no longer exists. Planning staff shall conduct an inspection to verify the structure has been properly removed or modified to an accessory building.

(Ord. of 2-28-2012; Ord. of 1-28-2025(1), Att. 1)

This section addresses performance standards for the establishment and operation of farm wineries.

(a)

Production capacity. The annual production capacity of a farm winery may not exceed 50,000 gallons as stated by Minn. Stats. § 340A.315.

(b)

Uses. The following uses may be permitted at a farm winery upon the granting of an interim use permit:

(1)

Aging, processing and storage of wine in bulk.

(2)

Bottling, storage, and wholesaling of bottled wine.

(3)

Crushing of grapes inside and/or outside within a structure.

(4)

Display, but not the sale of art and crafts.

(5)

Indoor/outdoor live music.

(6)

On-site marketing of wine, including up to three special events of one to three days in duration during a calendar year which are intended to draw customers to the site for the tasting and purchase of wine. Such an event can reasonably anticipate the assembly of 1,000 visitors or more.

(7)

Office use associated with the winery.

(8)

The preparation of non-wine related food items onsite that require the heating assistance of a range, grill, or microwave may be permitted. These items shall consist of sandwiches, soups, and salads.

(9)

Tours.

(10)

Retail sale of glassware, wine literature and accessories, apparel, cheese and cheese spreads, other wine related food items (fruit, olives, etc.), and items directly related to wine.

(11)

Retail sale (on-sale or off-sale) of wine fermented and bottled at the winery.

(12)

Retail sale (on-sale only) of beer.

(c)

Prohibited uses. The following uses may not be allowed at a farm winery:

(1)

Cultural and social events unrelated to the operation of the winery including, but not limited to, wedding receptions, charitable fundraising events, and classes not related to wine.

(2)

Off-sale retail sale of beer.

(3)

Retail sale of items that are not permitted under the Minnesota Farm Winery License.

(4)

The use of a deep fat fryer.

(d)

[Applicable to farm wineries.] The following standards shall apply to all farm wineries:

(1)

All other applicable licenses and permits shall be obtained from the appropriate agency and maintained in association with the operation of the winery.

(2)

Any proposed changes to a winery to add or modify food or beverage sales, or to amend other services and activities offered, shall be brought back before the planning commission and county board for review.

(3)

Outdoor live music shall be permitted during the hours of 12:00 p.m. and 9:00 p.m. on Friday, Saturday, and Sunday.

(4)

The farm winery must comply with the provisions in the Blue Earth County Code of Ordinances section 24-310, parking and loading regulations.

(5)

The farm winery shall be located on a minimum parcel size of ten acres of which at least two and one-half acres shall be dedicated to the growing of fruit(s) used in the making of wine at the winery.

(6)

The retail sale of beer may only occur during normal operating hours of business and must be incidental to the primary operation of the winery.

(7)

The total gross receipts of the sale of non-wine related items including food, beverages other than wine, glassware, wine literature and accessories, shall not exceed 35 percent of the total retail sales of the winery.

(8)

The SSTS and all associated components shall be maintained in accordance with MPCA SSTS standards. The SSTS of a winery shall be separate from residential use associated with the property.

(Ord. of 2-28-2012; Ord. of 7-24-2012; Ord. of 1-19-2021(1), Att. A)

The purpose of this classification is to prevent competition with business districts, protect the natural resources of the county, and provide a means through the establishment of specific standards and procedures by which home occupations can be conducted without jeopardizing the health, safety and general welfare of surrounding uses. The establishment and continuance of home occupations as accessory uses shall be conditionally permitted if the requirements and conditions of this section are satisfied.

(a)

Level I home occupations. Level I home occupations shall comply with the following:

(1)

Level I home occupations shall be conducted entirely within the dwelling, carried on by the inhabitants with no more than three outside employees.

(2)

Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character of such dwelling.

(3)

The level I home occupations shall not exceed 1,000 square feet of floor space.

(4)

Accessory buildings and/or attached garages can be used as part of the home occupation as long as the structure is not specifically dedicated for the occupation and is incidental and secondary to the use of the principal residential structure on the property.

(5)

There shall be no exterior display storage of equipment and materials.

(6)

Allowable signage shall be limited to one sign, one and one-half square feet, non-illuminated, and attached to the dwelling.

(7)

There shall be no indication of offensive noise, vibration, smoke, dust, odors, heat or glare at or beyond the property line.

(8)

The operation of the home occupation shall begin no earlier than 8:00 a.m. and end no later than 5:00 p.m. Additional hours shall be reviewed by the planning commission and approved by the county board of commissioners.

(9)

A level I home occupation shall not include the repair of internal combustion engines (other than small engine repair), body shops, machine shops, welding, ammunition, manufacturing, or any other objectionable uses as determined by the planning agency. Machine shops are defined as places where raw metal is fabricated, using machines that require more than 110 volts.

(10)

All vehicles associated with a level I home occupation shall be parked off-street and upon the lot on which the home occupation is operated.

(b)

Level II home occupation. Level II home occupations shall comply with the following:

(1)

All level II home occupations shall be conducted entirely within the dwelling or accessory building, except as specified in item (8) of this subsection and shall be carried on by the inhabitants thereof. Six employees are allowed other than the inhabitants.

(2)

Such use shall be clearly incidental and secondary to the use of the property for residential purposes. A level II home occupation which has the primary operation of outdoor storage shall be exempt from being clearly incidental and secondary to the residential use due to the allowable square footage contained in item (3) of this subsection.

(3)

The level II home occupation shall not exceed 10,000 square feet. A home occupation which has the primary operation of outdoor storage shall be exempt from the 10,000 square feet standard and shall instead be limited to four acres. Associated operations shall not exceed 10,000 square feet. Any outdoor storage area may not encroach upon a secondary septic drainfield location. The outdoor storage of vehicles shall be enclosed by a fence demarking the allowable area.

(4)

Junkyards and scrapyards are prohibited. A home occupation which has the primary operation of outdoor storage, shall not be required to include the following in the planning agency's evaluation of whether the vehicle is licensed and operable: Marine vehicles which are wrapped and winterized, even when the license expires during the storage period.

(5)

Allowable signage shall be limited to a 32-square-foot sign, nonilluminated, and located on the property.

(6)

There shall be no indication of offensive noise, vibration, smoke, dust, odors, heat or glare at or beyond the property line.

(7)

The operation of the home occupation shall begin no earlier than 8:00 a.m. and end no later than 5:00 p.m. Additional hours shall be reviewed by the planning commission and approved by the county board of commissioners.

(8)

Materials and equipment related to the operation of any home occupation shall be stored in an enclosed building or screened by a sight-obscuring fence, wall, landscape berm, or vegetation planting strip at a height appropriate to negate any negative visual impact to neighboring property as determined by the planning agency. Stored materials or equipment shall be set back ten feet from any side or rear boundary and be outside of the front yard setback or no closer to any public right-of-way than an existing structure, whichever is less. When vegetation is used for screening, the vegetation must be maintained to properly screen the storage area.

(9)

All vehicles associated with a level II home occupation shall be parked off-street and upon the lot on which the home occupation is operated. Vehicles associated with the operation of an outdoor storage home occupation shall be stored ten feet from any side or rear property boundary and be outside of the front yard setback. Property with vehicle storage areas must meet applicable standards for impervious surface coverage.

(c)

Waste disposal. All home occupations not serviced by an approved community water and sewage system must comply with county, state and federal waste disposal requirements.

(d)

No on-site disposal of solid waste will be permitted. There shall be no burning or burial of waste, neither from the business nor from the residence. All solid waste at the site must be disposed through self-hauling to a permitted solid waste management facility, or by a solid waste hauler licensed with the county.

(e)

Nonconforming home occupations. All level I and level II nonconforming home occupations legally existing prior to June 8, 1996, shall be allowed to continue, but shall not be allowed to expand, rebuild, relocate, be replaced or altered, without being brought into compliance with all the requirements of this section. All outdoor storage home occupations existing on January 1, 2025, shall obtain an interim use permit within one year of this date per Minn. Stats. § 394.36 subd. 2.

(f)

Home occupation application requirements. Any person proposing a home occupation shall make a written land use development application to the county. Application for such permit shall not be complete unless it contains the following:

(1)

A site plan showing the location of existing wells, sewage treatment systems, buildings, driveways, bluffs, lakes, rivers, streams, floodplain boundaries, and wetlands. Outdoor storage home occupations must include the layout of the storage area, including drive lanes and stalls for storage in the site plan. The primary and secondary operations of outdoor storage home occupations shall be determined by the square footage use of the property.

(2)

A site plan showing the proposed location of all improvements including, but not limited to, buildings, storage areas, bathroom facilities, floor drains, solid waste collection facilities, lighting, parking areas, wells, sewage treatment facilities, and stormwater storage areas when applicable.

(3)

Written description of the proposed home occupation including proposed hours of operation, number of employees, types of services offered, expected daily traffic, and proposed operating plan for the home occupation. Applicants for outdoor storage home occupations must include a plan for preventing the release of automotive and marine engine fluids, cleaners, solvents, and stabilizers. Applicants for outdoor storage must provide a plan for disposal or enclosure of unlicensed or inoperable vehicles, and inoperable parts or equipment. Outdoor storage home occupations which store marine vehicles and equipment must obtain a lake service provider permit and certification from the Minnesota Department of Natural Resources.

(4)

Plans for sanitary sewage disposal, water supply systems, lighting, landscaping, screening and collection of garbage and refuse.

(5)

Building plans or floor plans for the proposed home occupation.

(6)

Other site-specific information may be required or requested by the county.

(7)

Application fees.

(Ord. of 2-28-2012; Ord. of 5-25-2021(1), Att. A; Ord. of 2-25-2025(2), Att. 1)

Cross reference— Businesses, Ch. 4.

This section addresses performance standards for target or testing ranges at which firearms are discharged. Indoor ranges are listed as interim uses in the HB district and LI district. Outdoor ranges are listed as an interim use in the A district.

(a)

Indoor standards. The use of property for an indoor firing range shall conform to the following standards:

(1)

The firing range shall not be located on any lot which is adjacent to a residential district.

(2)

The use, occupancy and construction of the building shall be of materials that will contain all fired rounds within the confines of the building.

(3)

The use shall conform with the applicable Minnesota Pollution Control Agency, Environmental Protection Agency and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment and outside noise standards.

(4)

If retail sale and repair of weapons and/or ammunition is conducted on the premises, the management shall comply with all licensing and operations requirements of the Federal Bureau of Alcohol, Tobacco, and Firearms.

(5)

The design and construction of the firing range shall totally confine all fired projectiles within the building in a controlled manner. The design and construction of the firing range shall be certified by a professional engineer registered in the state. The certified plans shall include the specifications and construction of the bullet traps, ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine.

(6)

No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range.

(7)

A written log of range users shall be maintained by the range operator. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the range user shall be verified by photo identification. The log shall be subject to review by the county sheriff or designee.

(8)

An alarm system, cut wire protected, shall be supplied to provide security for the general premises.

(9)

Firearms which are stored on the premises shall be stored in a vault when the range is closed for business. An alarm system, independent of the general alarm system and cut wire protected, shall be supplied for the firearm vault.

(10)

Ammunition shall not be stored in the firearm vault.

(11)

On-site supervision shall be supplied at all times by an adult with credentials as a qualified range master.

(12)

The transport of firearms on the premises shall conform to state law.

(13)

Minors shall not be allowed in the range unless accompanied by an adult at all times.

(14)

The operation of the range shall be limited to the hours of 7:00 a.m. to 10:00 p.m.

(15)

The board of commissioners reserves the right to review or modify the performance standards for the range.

(b)

Outdoor standards. The use of the property for an outdoor firing range shall conform to the following:

(1)

No retail sales or repair of firearms shall be permitted as an accessory use to an outdoor range.

(2)

Outdoor ranges shall be setback a minimum of 500 feet from adjoining properties, and a minimum of 1,500 feet from residential or agricultural buildings, unless noise reduction techniques are used.

(3)

Outdoor firing ranges shall not be sited within one and one-half miles of residences located in the direct line of fire, unless the range is below ground or shooting lanes are confined by approved means, such as concrete culverts.

(4)

Outdoor ranges shall not be located within 500 feet of an airstrip or runway. No range shall be sited which places any portion of an airstrip within one and one-half miles if the portion is in the direct line of fire, unless the range is below ground or shooting lanes are confined by approved means, such as concrete culverts.

(5)

The range shall be designed to provide protection from accidental or stray ammunition discharge for surrounding properties and to minimize noise.

(6)

Only firearms shall be discharged at the range. No cannons, artillery or rockets shall be discharged unless blanks are being fired.

(7)

Access shall be controlled by a lockable gate.

(8)

Signage identifying the range shall be located at intervals of no less than 400 feet around the perimeter of the range.

(Ord. of 2-28-2012; Ord. of 1-19-2021(1), Att. A)

This section addresses performance standards for the establishment and operation of a kennel as described by this chapter.

(a)

The use shall comply with all applicable county, state, and federal regulations.

(b)

The structures used for animal confinement requires a minimum 100-foot setback from any property line and 500 feet from any residential dwelling other than the applicant's dwelling.

(c)

Onsite facilities shall be designed to accommodate all waste generated from kennels including housing and clean up.

(d)

Each large adult animal shall be provided with a separate fenced run of at least 36 square feet that shall be located at least 100 feet from any property line.

(e)

If a kennel facility is designed to accommodate boarding, it shall include adequate heating, cooling, ventilation, and lighting.

(f)

All outdoor kennel facilities shall provide adequate shelter from the elements including sunlight, rain, snow, and hot or cold weather.

(g)

Kennel facilities shall be adequately drained and maintained in a healthful manner.

(h)

Signs shall meet the requirements of section 24-311.

(Ord. of 2-28-2012)

It is declared to be the policy of the county to provide for the reclamation of land disturbed by mining in order to encourage productive use of such land including, but not limited to, the planting of forests; the seeding of grasses and legumes for grazing purposes; the planting of crops for harvest; the enhancement of wildlife and aquatic resources; the establishment of recreational, residential and industrial sites; and for the conservation, development, management and appropriate use of all the natural resources of such areas for compatible multiple purposes; to aid in maintaining or improving the tax base; and protecting the health, safety and general welfare of the people, as well as the natural beauty and aesthetic values, in the affected areas of the county.

(a)

Required. No person shall hereafter engage in the mining and processing of sand, gravel, limestone or other minerals or the recycling of bituminous and/or concrete products or the operation of hot mix and/or concrete batching plants on any land within the county, located outside the boundaries of any city, village or incorporated town without first obtaining from the county an interim use permit as regulated by subsection 24-47(e).

(b)

Jurisdiction. Any excavation, quarrying or removal of surface material for the purpose of extracting minerals, stone, gravel, sand, soil, clay or other material as the function of such excavation shall be conducted subject to the requirements of this article. Excavations for purposes of residential, commercial or industrial development or land alterations for agricultural purposes shall be exempt from the provisions of this article.

(c)

Application. Any person desiring to commence or expand the mining and processing of sand, gravel, limestone or other minerals or the recycling of bituminous and/or concrete products or the operation of hot mix and/or concrete batching plants shall make a written land use development application for an interim use permit to the planning agency. Application for such permit shall be made upon a form furnished by the planning agency. The form shall contain the following items:

(1)

The applicant's true name and address, and a statement that the applicant has the right to ownership or lease to mine and to reclaim that land described.

(2)

Description of the tract of land and the number of acres to be mined by the applicant. The description shall include the section, township, range and county in which the land is located with sufficient clarity so that it may be located and distinguished from other lands.

(3)

A business/operations plan. Said plan shall include a listing of all mining, recycling and processing activities, hours of operation, estimated daily truck traffic, and dust control.

(4)

A statement containing an estimate of the life expectancy of the proposed operation. The estimate shall include a starting date and, if within five years, the completion date.

(5)

A detailed map of the land drawn at a scale of one inch equals 100 feet, or larger, showing at least the following specifics:

a.

Existing topographical features at ten-foot contour intervals.

b.

Location of watercourses, drainage systems and impounded waters.

c.

Outline of the maximum area to be excavated.

d.

Vertical profile of area to be excavated indicating overburden and other geological layers to the extent known.

e.

The proposed location of any buildings, equipment storage areas, operation areas, stockpiling areas and any other uses incorporated in the excavation process.

f.

Location and names of existing roads, trails, railroads, buildings, utility rights-of-way, vegetation, and other cultural features within and immediately adjacent to the proposed excavation area.

(d)

Reclamation bond requirements. A bond, meeting the following requirements shall be filed with the zoning administrator in such form as the board of commissioners prescribe, payable to the county. Such bond amount shall be set by the board of commissioners by resolution. The bond shall guarantee that either upon termination of the permit or of the operations, the ground surface of the land used shall be restored in conformity with the reclamation plan approved by the county board. When and if the portions of the bonded property are completely rehabilitated in accord with the reclamation plan, and such restoration is certified by the zoning administrator, the performance bond protecting the restored acreage shall be returned.

(e)

Mining operation standards.

(1)

General requirements. Each person to whom a mining operation permit is issued may engage in mining upon lands described in the permit, subject to the following regulations:

a.

The mining operations shall be conducted in compliance with the laws of the state and the federal government, especially as related to safety standards, and ordinances and resolutions of the county, as amended, and in compliance with and furtherance of the approved reclamation plan for the affected land.

b.

Clearing of the mining site shall conform to the development and reclamation plan whenever possible. Existing trees and shrubs shall remain in their natural state and not prematurely stripped.

c.

Adequate planting, fencing or berming shall be provided along all public roads adjacent to the property involved, sufficient to screen the operation from view.

d.

Ingress and egress access points from or onto any road or highway shall be clearly signed, and only those signed access points shall be utilized. All access points must be approved by the highway agency having jurisdiction, and shall preferably be located along a secondary road. All access points shall be located so as to avoid the routing of vehicles to and from the mining operation over streets that primarily serve abutting residential development. Precautions must be taken to minimize the deposit of dirt and mined material from trucks onto the public roads.

e.

Trucks used in hauling materials from the site of excavation shall be loaded in such manner as to minimize spillage onto public highways. Any spillage resulting from overloading or from truck tires shall be removed daily or as needed.

f.

The amount of overburden to be removed shall not be in excess of that required to undertake operations in an economically feasible manner. Less than ten acres shall be considered economically feasible unless different classes of material are available for extraction and approved by the county bord of commissioners. Development toward the final plan shall be carried on as excavation progresses. Where ground cover or other planting is indicated on approved plan, such planting shall be made in areas where excavation is completed and land is not being used for material storage.

g.

Existing trees and ground cover along public road frontage shall be preserved, maintained and supplemented for the depth of the required roadside setback.

h.

When explosives are used, the operator shall take all necessary precautions not to endanger life and damage or destroy property. The method of storing and handling explosives shall conform with all laws and regulations relating thereto.

i.

Proposed graded or backfilled areas or banks as conforming to the approved reclamation plan shall be covered with sufficient topsoil, based on the availability of existing topsoil, to provide for re-vegetation. When backsloping is proposed on the reclamation plan, the rate of slope shall not be less than three feet horizontal to one foot vertical. Proposed banks shall be covered with topsoil and seeded, except where such banks provide a beach area to a proposed recreational lake as indicated on the approved reclamation plan.

j.

Upon replacement of the topsoil, trees, shrubs, legumes, grasses or other ground cover shall be planted upon the area in order to avoid erosion, in accordance with approved reclamation plan.

k.

Upon completion of excavation, all buildings, hot-mix or concrete plants, stockpiled materials and equipment shall be removed within six months, unless such buildings, hot-mix or concrete plants and equipment will be used in the reclamation process.

l.

Operating procedures will be utilized to control dust and noise so as not to be in conflict with adjoining property.

(2)

Setback requirements. Mining operations shall not be conducted closer than:

a.

One hundred feet to the boundary of any district where such operations are not permitted.

b.

Not closer than 200 feet to the boundary of an adjoining property residentially zoned.

c.

Not closer than 50 feet to the boundary of an adjoining property line, unless the written consent of the owner of such adjoining property is first secured.

d.

Excavating or stockpiling shall not be conducted closer than 100 feet to the right-of-way line of any existing or platted street, road, or highway, where such excavation may create a traffic or line of site problem.

e.

Not closer than 100 feet from the ordinary high water level of any public water.

f.

Dust and noise producing, processing or loading shall not be conducted closer than 300 feet to any residential structures existing prior to submittal of the initial application.

(3)

Hours of operations. A one-hour quite-time warm up period may commence no earlier than 6:00 a.m. Monday through Saturday. All other mining activities may commence no earlier than 7:00 a.m. Monday through Saturday. All mining activities shall cease no later than 9:00 p.m. Monday through Friday or one half hour after sunset; whichever is the earlier of the two. Saturday mining activities shall cease no later than 12:00 p.m. (noon).

(f)

Reclamation plan. A reclamation plan shall be prepared for the planned after-use of affected areas and the nature and extent of reclamation. A detailed reclamation map drawn at a scale of one inch equals 100 feet or larger shall be provided designating which parts of the land shall be reclaimed for forest, pasture, crop, homesite, recreational, industrial, or other uses including food, shelter and ground cover for wildlife. The reclamation plan and map shall contain:

(1)

Proposed contours after any proposed filling.

(2)

Depth of restored top soil if restoration is proposed.

(3)

Type of fill, if fill is proposed.

(4)

Type of planting or restoration. Planting shall be in accordance with the desires of the property owner. If natural re-vegetation is proposed, it shall be so stated.

(5)

Estimated progress and completion dates. Reclamation activities shall progress on a phased basis, that is, for every ten acres of additional mining operations, the previous, exhausted ten acres must be reclaimed unless otherwise specified.

(6)

If the operator finds the characteristics of the mining area to be different than what was previously determined, changes may be made in the original reclamation plan by mutual consent of the operator and the county planning agency. Such change shall preserve, as substantially as possible, the original reclamation plan, and shall also provide for the previously unknown variables.

(7)

A written statement containing an explanation of the character of the site to be mined and of the character of the surrounding territory; an explanation of the reclamation plan; and an explanation of the schedule of reclamation which may include phase reclamation. If a reclamation schedule cannot feasibly be prepared, it shall be so stated and written reasons submitted.

(8)

Any mining operation legally commenced prior to the enactment of this chapter that does not have an approved reclamation plan shall submit a reclamation plan to the planning agency for review and approval.

(9)

The zoning administrator shall determine whether the requirements for filing a reclamation plan have been met. The planning commission shall review all reclamation plans and forward them with a recommendation to the board of commissioners.

(Ord. of 2-28-2012; Ord. of 1-19-2021(1), Att. A)

This section addresses the performance standards for the establishment and operation of organized group camps.

(a)

Information shall be submitted to the planning agency in the form of a business/operations plan. Said plan shall include information regarding the services offered, types of facilities, sanitary sewer and waste disposal facilities, hours of operation and other issues relevant to the proposed use.

(b)

A transportation management plan shall be submitted to address off-street parking, the mitigation of overflow parking, traffic circulation, traffic control and the impact of the facility on surrounding roadways per section 24-310.

(c)

All buildings and structures must meet the setback requirements of this chapter.

(d)

A grading and drainage plan shall be submitted.

(e)

One caretaker residence may be allowed. The residence is to be used strictly for the caretaker and his/her family members. The caretaker residence shall be accessed via the access road to the recreation facility. If the residential development right of the quarter quarter has been developed, the applicant must follow the transfer development rules of this code.

(f)

Signs shall meet the requirements of section 24-311.

(Ord. of 2-28-2012)

This section addresses the performance standards for the establishment and operation of reception/banquet/meeting halls/retreat centers or facilities.

(a)

Information shall be submitted to the planning agency in the form of a business/operations plan. Said plan shall include information regarding the services offered, types of facilities, sanitary sewer and waste disposal facilities, hours of operation and other issues relevant to the proposed use.

(b)

Total maximum floor space area shall be no larger than 10,000 square feet.

(c)

Retail Sales areas may include up to ten percent of the floor space of the building, but may not exceed 1,000 square feet.

(d)

Meal preparation areas must be licensed and approved by the Minnesota Department of Health.

(e)

Bars, including lounges, nightclubs, on-sale liquor establishments, restaurants, cafés or taverns are prohibited.

(f)

Lodging, camping and overnight accommodations are prohibited.

(g)

The offering of food and alcohol shall only be provided by offsite catering services.

(h)

Discharging of firearms is prohibited.

(i)

Allowable signage shall be limited to an illuminated 32 square foot sign located on the property.

(j)

There shall be no indication of offensive noise, vibration, smoke, dust, odors, heat or glare at or beyond the property line.

(k)

Sites not serviced by an approved community water and sewage system must comply with county, state and federal waste disposal requirements.

(l)

A transportation management plan shall be submitted to address off-street parking, the mitigation of overflow parking, traffic circulation, traffic control and the impact of the facility on surrounding roadways per section 24-310.

(m)

A review by the planning agency of the interim use permit requirements will be mandatory within 30 days of any ownership change of property or lease agreement.

(n)

Any proposed change in operation or services offered shall first receive approval of an updated interim use permit.

(Ord. of 2-28-2012; Ord. of 1-19-2021(1), Att. A)

This section addresses performance standards for the establishment and operation of seasonal produce sales stands as defined by this chapter.

Seasonal produce sales stands shall comply with the following standards:

(a)

Seasonal produce stands shall be an accessory use to a principle agricultural use.

(b)

Operation of produce stands shall be limited to the growing season in Minnesota.

(c)

No sale of product shall take place in the public right-of-way of any federal, state, county or township roadway unless approved by the road authority.

(d)

Off-street parking shall be provided outside of any road right-of-way.

(e)

Any temporary structure placed on the property for seasonal produce sales shall be removed at the end of the selling season. The size of the temporary structure shall not exceed 120 square feet.

(f)

All structures, including temporary structures, shall meet the minimum setback requirements of the district in which it is located.

(g)

Signs shall meet the requirements of section 24-311.

(Ord. of 2-28-2012)

This section addresses performance standards for siting, design, and installation of WECS. WECS shall conform with the following standards:

(a)

Setback from rights-of-way. All WECS must be setback from road rights-of-way a distance that is equal to or greater than 1.1 times the height of the WECS as measured from the ground level to the top of the tower, the top of the rotor, or blade whichever is higher.

(1)

The setback may be reduced to a distance agreed upon by the county, if the applicant furnishes a registered engineers certification that the WECS is designed to collapse, fall, curl, or bend within a distance or zone shorter than the height of the WECS.

(b)

Setback from property lines. All WECS must be setback from property lines a distance that is equal to or greater than the height of the WECS as measured from the ground level to the top of the tower, the top of the rotor, or blade whichever is higher.

(1)

The setback may be reduced to a distance agreed upon by the county, if the applicant furnishes a registered engineers certification that the WECS is designed to collapse, fall, curl, or bend within a distance or zone shorter than the height of the WECS; or

(2)

The setback may be reduced to a distance agreed upon by the county if there are no structures within the fall zone and if an easement is obtained from the adjacent landowner or land owners. The easement must describe all lands which could be impacted if the tower would fall and must be in effect as long as the WECS is in place.

(c)

Mutual setback for dwellings and commercial WECS. The setback requirements for a dwelling and a commercial WECS are mutual. The distance between a commercial WECS and a dwelling as measured from the nearest wall of a dwelling to the closest part of the WECS must be a minimum of 750 feet.

(d)

Prohibited areas. No WECS may be located within a wetland or a shoreland as defined in Chapter 14 of the Code.

(e)

Non-commercial WECS height. A non-commercial WECS must not exceed 200 feet in height as measured from the ground level to the top of the tower, the top of the rotor, or top of the blade whichever is higher.

(f)

Noise. The WECS must be operated and maintained so that it complies with the noise pollution standards of the Minnesota Pollution Control Agency.

(g)

Tower access. All WECS must be guarded against unauthorized climbing. All WECS must either have the climbing apparatus located not closer than 12 feet to the ground or be un-climbable by design for the first 12 feet.

(h)

Lightning protection. The WECS must be designed and installed to withstand natural lightning strikes.

(i)

Electrical rules and regulations. The WECS electrical equipment and connections must adhere to all state, federal and power company rules, regulations and standards.

(j)

Safety design. The safety design of all WECS must be certified by the manufacturer's engineer or a certified Minnesota professional engineer.

(k)

Braking system. All WECS must have a manual and automatic braking system device capable of halting operation in high winds as per the manufacturer's design.

(l)

Aviation rules and regulations. The proposed WECS must be in compliance with all Federal Aviation Administration regulations and shall comply with the notification requirements of the FAA.

(m)

Clearance. The WECS blade must be a minimum of 12 feet above ground level.

(n)

Construction requirements. All WECS shall be designed and constructed in accordance with all applicable state and federal regulations.

(o)

Signs. Each WECS must have a sign or signs posted at the base of the tower that specifies the following information: warning high voltage, manufacturers name, emergency shutdown procedures, and emergency phone numbers. No permitted sign may exceed three square feet in area. Signs other than warning signs, equipment labels, emergency information or owner identification are prohibited on a WECS.

(p)

Lighting. A WECS may not be illuminated unless required by a state or federal agency.

(q)

Interference. No WECS shall be permitted that causes any interference with commercial or private use and enjoyment of other legally operating telecommunication devices including but not limited to radios televisions, telephones, personal communication devices and other electronic equipment and devices.

(r)

Abandonment. All commercial WECS that do not generate energy during a period of 12 consecutive months for reasons other than lack of demand for energy produced, repair, or modernization shall be considered abandoned and shall be removed. The applicant must furnish a copy of the relevant portion of an executed lease, which identifies the applicant's obligation to remove abandoned or unused WECS, concrete footings, anchors, and supporting equipment to a depth of four feet below ground surface prior to the issuance of a conditional use permit to erect a WECS. The county shall require financial assurances or bonds in an amount sufficient to cover costs of removal of WECS, buildings, concrete footings, anchors, and supporting equipment to a depth of four feet below ground surface. An engineer's cost estimate which documents removal costs of the WECS, concrete footings, anchors, and supporting equipment to a depth of four feet below ground surface shall be submitted with the conditional use permit application. Such engineer's cost estimate is to assist the board of commissioners in determining the amount of financial assurance necessary to cover removal costs of such WECS, buildings, concrete footings, anchors, and supporting equipment. If any WECS, buildings, concrete footings, anchors, and supporting equipment have not been removed within 90 days of written notice by the county after abandonment, the county shall have the right to remove the WECS, buildings, concrete footings, anchors, and supporting equipment, and assess the property.

(s)

Compliance. In order to ensure compliance with the performance standards set forth in this section, the board of commissioners may require the owner or operator of any conditional use to have made such investigations and tests as may be required to show adherence to the performance standards. Such investigation and tests as are required to be made shall be carried out by a certified testing organization selected and paid for by the applicant and approved by the county.

(Ord. of 4-22-2003)

This section is established to protect and promote health, safety, general welfare and order within the county through uniform standards, regulations, and procedures governing the type, size, structure, location, height, erection and use of solar energy systems. All solar energy systems shall conform to the following standards:

(a)

General requirements.

(1)

Systems shall be in compliance with any applicable local, state and federal regulatory standards, including, but not limited to, the State of Minnesota Uniform Building Code, as amended, and the Minnesota State Electric Code, as amended.

(2)

All elements of the system shall comply with all zoning district regulations including lot coverage and impervious surface limitations of the applicable zoning district.

(3)

Stormwater management shall be in compliance with the MPCA construction stormwater permit requirements and Blue Earth County requirements.

(4)

Systems shall meet the requirements for erosion and sediment control as per section 24-304.

(5)

Power and communication lines running between banks of solar collectors and to electric substations or interconnections with buildings shall be buried underground.

(6)

Systems or fencing shall not be used to display advertising. The manufacturer's information, equipment information, warning information, or indication of ownership shall be allowed on any equipment of the solar energy system or associated fencing provided they comply with section 24-311.

(7)

Systems shall be prohibited within any safety zones as designated in the Mankato Regional Airport Zoning Ordinance, as amended.

(8)

To minimize impact on wetlands, the standards contained in Minnesota Rules Chapter 8420 (Wetland Conservation) and the Wetland Classification Framework and Sequencing Policy in the Blue Earth County Land Use Plan and Water Management Plan shall be followed.

(9)

Systems shall be designed and operated to limit the misdirection of reflected solar radiation onto adjacent or nearby property, public roads, or other areas open to the public.

(b)

Performance standards.

(1)

Ground-mounted and pole-mounted solar energy systems.

a.

Ground-mounted and pole-mounted systems shall not exceed 20 feet in height at maximum design tilt.

b.

The total collector surface of ground-mounted or pole-mounted systems shall not exceed 50 percent of the building footprint of the principal structure in the rural residence and rural townsite districts.

c.

Permanent, perennial vegetation, excluding invasive plants and noxious weeds, shall be established and maintained to cover the entire site with the exception of the collector's foundation or mounting devices, access roads and accessory buildings.

(2)

Roof-mounted solar energy systems. No construction permit required except where otherwise noted.

a.

Roof-mounted systems shall not exceed the maximum allowed height in any zoning district and shall not extend greater than four feet above the existing structure's roof height in the rural residence and rural townsite districts.

b.

In addition to the structure setback, the collector surface and mounting devices for roof-mounted systems shall not extend beyond the exterior perimeter of the structure on which the system is mounted or built, except for when such an extension is designed as an awning. A construction permit is required for awnings 120 square feet or larger.

c.

The collector and racking for roof-mounted systems that have a greater pitch than the roof surface shall be set back from all roof edges a minimum of two feet.

d.

Exterior piping for roof-mounted solar hot water systems may extend beyond the perimeter of the structure on the side and rear yards.

e.

Roof-mounted systems, excluding building-integrated systems, shall not cover more than 80 percent of the south-facing or flat roof upon which the collectors are mounted.

(3)

Wall-mounted solar energy systems. No construction permit required.

a.

Wall-mounted systems shall cover no more than 25 percent of any exterior wall facing the front yard in the rural residence and rural townsite districts.

(4)

Photovoltaic solar energy systems.

a.

For photovoltaic solar energy systems, the electrical disconnect switch shall be clearly identified and unobstructed.

b.

A grid-intertie photovoltaic solar energy system shall not be installed until written documentation has been provided to the zoning administrator that the current utility company is aware that an interconnected customer-owned generator will be installed at that location. Documentation may consist of an interconnection agreement or a written explanation from the utility provider or contractor outlining why an interconnection agreement is not necessary. Off-grid systems are exempt from this requirement.

c.

Photovoltaic solar energy system components must have an Underwriters Laboratory (UL) listing or other third-party certification provided by an American National Standards Institute accredited organization and solar hot water systems must have a Solar Rating & Certification Corporation (SRCC) rating.

(c)

Requirements for large solar energy systems. Large solar energy systems shall meet the following standards.

(1)

Pre-application meeting required. A pre-application meeting with county planning staff is required prior to application for a land development permit that requires a public hearing. The following items shall be reviewed and approved prior to the submittal of an application for a large solar energy system:

a.

Existing conditions site plan.

b.

Proposed conditions site plan.

c.

Written approval for road access from the applicable road authority (township, county, state).

d.

Proposed grading plan.

e.

Stormwater Pollution Prevention Plan.

f.

National Pollutant Discharge Elimination System Construction Stormwater Permit.

g.

Operation and maintenance plans for all permanent and temporary stormwater control measures, when applicable.

h.

Vegetation and seeding plan for all perennial vegetation.

i.

Maintenance plan for all perennial vegetation.

j.

Decommissioning plan.

k.

Proof of a financial surety agreement to guarantee decommissioning, payable to the landowner.

l.

A statement signed by the landowner acknowledging the County's ability to create a lien on the property and collect as a special assessment, any solid waste removal costs incurred by the County as a result of an inadequate financial surety.

(2)

The manufacturer's engineer or a State of Minnesota, licensed professional engineer shall certify in writing that the foundation and design of the solar energy system is within accepted professional standards, given local soil and climate conditions, within 60 days of completion of construction.

(3)

All elements of the system shall be prohibited within shoreland as defined in section 14-4.

(4)

Any system proposed within an area governed by an orderly annexation agreement shall have written approval from the municipality and township prior to the county accepting an application.

(5)

Property, wetlands and waterways down gradient from a proposed system shall be protected from flooding and erosion due to increases in the volume, velocity and peak water flow rate of stormwater runoff.

(6)

Any project proposed on a grade of eight percent or greater shall be carefully reviewed to ensure adequate measures have been taken to prevent erosion or sedimentation from impacting down gradient properties, wetlands or waterways.

(7)

The conversion of existing wooded areas for the placement of systems is prohibited.

(8)

All elements of the system shall be prohibited within all floodplain districts.

(9)

Stormwater runoff shall not be directed into any public rights-of-way.

(10)

Sites which require permanent stormwater management facilities or best management practices shall be designed in accordance with the MPCA NPDES construction stormwater permit and Blue Earth County stormwater standards. Plans for permanent stormwater management facilities or best management practices shall be approved by Blue Earth County prior to making application for a land development permit that requires a public hearing.

(11)

All elements shall be prohibited in areas with moderate to high biological significance as identified in the Minnesota Department of Natural Resources Biological Survey.

(12)

The parking of any equipment, delivery vehicles, or employee vehicles within any area of public rights-of-way during the construction or maintenance phases of the proposed project, shall be prohibited.

(13)

Large solar energy systems shall meet or exceed the following setbacks:

a.

The setback distance from the outermost edge of a solar array to the nearest wall or portion of a dwelling, including an attached garage is as follows:

The setback does not apply to a dwelling owned by the applicant.

b.

500 feet from the outermost edge of a solar array to the nearest portion of a wildlife management area, waterfowl production area, aquatic management area, county park or state park.

c.

150 feet from the outermost edge of a solar array to the centerline of all public rights-of-way, for roads that are not divided highways.

d.

100 feet from the outermost edge of a solar array to the highway right-of-way, for all divided highways.

e.

75 feet from the outermost edge of all parts of the solar energy system including buildings or fences to the center of all sub-surface county drain tiles.

f.

75 feet from the outermost edge of all parts of the solar energy system including buildings or fences to the crown of all open county ditches

g.

50 feet from the outermost edge of a solar array to the side and rear property lines.

(14)

Density. New or expansion of existing large solar energy systems proposed within 2,500 feet of an existing or approved large solar energy system shall be reviewed by county staff for a determination of aggregate impact. Additional conditions may be added by the county to mitigate those impacts.

(15)

Screening. All newly proposed large solar energy systems or proposed modifications to existing large solar energy systems may be subject to conditions requiring the development of a landscape plan, and installation and maintenance of screening placed outside of the fenced perimeter and consisting of suitable native shrubbery and/or trees. When screening is required, the following standards shall apply.

a.

Screening shall meet the applicable accessory structure side and rear yard setback requirements for the given zoning district.

b.

The landscape plan and landscape maintenance plan shall be designed by a Minnesota-licensed landscape architect or a Minnesota-certified arborist. The plans shall verify that the screening goal will be achieved by the end of third growing season for the project, given normal growing conditions.

c.

Financial surety in an amount and form sufficient to guarantee that the screening goals will be achieved by the end of third growing season shall be provided prior to construction permit approval. The financial surety shall be in the form of a surety bond, cash bond, or an irrevocable letter of credit. The financial security must be in place prior to any site preparation work, site grading, or work starting on the solar energy system. The amount of financial security required will be calculated based on the work detailed in the plans and specifications. Any unspent amount of the financial security deposited with the county for faithful implementation of the plans and specifications and will be released after the completion and inspection of the establishment of the screening.

d.

Screening shall be installed within 30 days of the completion of the fence installation. When requested in writing and deemed necessary, the zoning administrator may grant a one-time extension for the screening installation.

(16)

Fences. All fencing shall meet the accessory structure setback requirements for the applicable zoning district. The required setbacks may be increased if deemed necessary by the zoning administrator. Fences shall consist of open fencing such as agricultural fence, chain link, or barbed wire security fence. Other fencing plans shall be approved by the affected road authority. Fences shall not exceed six feet in height, except security fences, which shall not exceed eight feet in height, including barbed wire toppings.

(17)

Application for large solar energy systems. Any person proposing to construct or erect a large solar energy system shall make a written land use development application to the zoning administrator. Application for such permit shall be made upon a form furnished by the county and shall not be complete unless it contains the following:

a.

A site plan of existing conditions shall be prepared and submitted to the planning agency which shall contain:

i.

Existing property lines and property lines extending 100 feet from the exterior boundaries, including the names of the adjacent landowners and current use of those properties.

ii.

Existing public and private roads, showing widths of roads, right-of-ways, and any associated easements.

iii.

Location and size of any in-use wells and sewage treatment systems, and any abandoned wells, abandoned sewage treatment systems and dumpsites.

iv.

Existing buildings and all impervious surfaces.

v.

Topography at two-foot intervals and source of contour interval. A contour map of the surrounding properties may also be required.

vi.

Existing vegetation (list type and percent of coverage; for example grassland, plowed field, wooded areas, etc.).

vii.

Waterways, watercourses, lakes and public water wetlands.

viii.

Delineated wetland boundaries, approved by Blue Earth County, when applicable.

ix.

The base flood elevation (one-percent annual chance flood elevation) and regulatory flood protection elevation, if available.

x.

Floodway, flood fringe, and/or general floodplain district boundary, if applicable.

xi.

The toe and top of any bluffs, as defined by this chapter, within the project boundaries.

xii.

Mapped soils according to the United States Department of Agriculture Soil Survey.

xiii.

Surface water drainage patterns and flow directions.

xiv.

Location of county tile drainage systems, county open ditches, and any associated easements.

xv.

Location of sub-surface private tile drainage systems, if known.

b.

A site plan of proposed conditions which shall contain:

i.

Location, size, and spacing of solar arrays on the site.

ii.

Location and spacing of all power poles associated with the proposed project.

iii.

Location and size of all roadways including roadways used for access and maintenance of the site.

iv.

Planned location of all electric lines connecting the solar energy system to the building, substation or other electric load.

v.

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

vi.

Proposed erosion and sediment control measures as required by section 24-304.

vii.

Computer generated rendering (profile view) of the project that accurately depicts the proposed solar energy system in relation to any structures or roads within 1,000 feet of the outermost edge of a proposed solar array. Changes in surface water drainage patterns.

viii.

Proposed permanent stormwater management facilities and best management practices, when required.

ix.

Proposed location of all employee parking areas.

x.

Proposed location of all staging areas.

xi.

Proposed location of all temporary structures related to the construction of the project.

xii.

Proposed location of any temporary refueling stations.

xiii.

Delineated wetland boundaries, approved by Blue Earth County, when applicable

xiv.

A table showing the total amount of impervious surface being added to the site, including, but not limited to: inverter pads, access roads, solar panels, etc.

c.

The proposed installed capacity, in kilowatts, for the site.

d.

Proposed type of mounting and racking systems, and manufacturer's specifications or engineering designs for the type of mounting and racking, including a description of the type of foundation needed for the proposed system, if applicable.

e.

A description of the method of connecting the system to a building or substation.

f.

A copy of the interconnection agreement with the local electric utility or a written explanation outlining why an interconnection agreement is not necessary.

g.

An itemized decommissioning plan with cost estimates for each item shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar energy systems must occur within 180 days of either the end of the system's serviceable life, or the system's discontinued use. If a system does not generate energy for a period of 12 consecutive months, it is deemed to be a discontinued use. All items associated with a discontinued use shall be defined as solid waste, in accordance with Section 24-3 of the Blue Earth County Code of Ordinances. The board shall require the posting of a bond, letter of credit or the establishment of an escrow account in the name of the landowner, to ensure proper decommissioning. Any cost incurred by the county for the decommissioning of a discontinued system, as a result of an inadequate financial surety, shall be assessed back to the landowner under Subd. 14 of Minnesota Statute 375.18, as amended. Decommissioning shall consist of the following:

i.

The removal of all structures and foundations.

ii.

The removal of all power poles, cables/wiring and electrical devices associated with the project.

iii.

The removal of all access roads and parking areas.

iv.

The disposal of all power poles, cable/wiring, electrical devices, structures and/or foundations shall meet the provisions of the Blue Earth County Solid Waste Ordinance; or successor ordinance.

v.

The permanent restoration of the site including the following:

1.

Site cleanup followed by general surface grading and, if necessary, restoration of surface drainage swales, ditches, and tile drains (if present).

2.

Any excavation and/or trenching caused by the removal of building or equipment foundations, rack supports, and underground electrical cables will be backfilled with the appropriate material and leveled to match the ground surface.

3.

The roads and parking areas will be removed completely, filled with suitable sub-grade material and leveled.

vi.

Further restoration of soil and vegetation of the site as necessary to minimize erosion.

h.

Application fee as established by resolution of the county board of commissioners.

(d)

Requirements for small solar energy systems. Small solar energy systems shall meet the following standards.

(1)

Solar energy systems shall not be located nearer the front lot line than the principal building on the lot in the rural residence and rural townsite districts.

(2)

Ground-mounted and pole-mounted solar energy systems shall be prohibited within the shoreland district.

(3)

Application for small solar energy systems. Any person proposing to construct or erect a small solar energy system shall make a written land use development application to the zoning administrator. When a construction permit is required, an application for such permit shall be made upon a form furnished by the county and shall not be complete unless it contains the following:

a.

A site plan of existing conditions shall be prepared and submitted to the planning agency which shall contain:

1.

Existing conditions as required by the site plan definition of section 24-3.

2.

Delineated wetland boundaries, approved by Blue Earth County, when applicable.

b.

A site plan of proposed conditions which shall contain:

1.

Location and spacing of solar arrays.

2.

Location and size of any access roads, if applicable.

3.

Planned location of electric lines connecting the solar energy system to the principle use or building, substation or other electric load.

4.

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

5.

Proposed erosion and sediment control measures as required by section 24-304.

(Ord. of 2-16-2016; Ord. of 5-19-2020, Att. A; Ord. of 5-25-2021(2), Att. A)

Self-service storage facilities (mini-storage) shall conform to the following standards:

(1)

A self-service storage facility in the A, agriculture district may not exceed a total of 10,000 square feet.

(2)

Storage units may only be used for storage. Storage units may not be used for retail sales, industrial uses, vehicle repair, offices, any commercial or service activity, human habitation, storing any living animal or organism, or storing dead animals or carcasses.

(3)

Storage of hazardous, flammable, or explosive materials is prohibited.

(4)

All materials and equipment shall be stored in an enclosed building.

(5)

Water service to storage units is prohibited other than for a fire suppression system.

(6)

Signage must comply with section 24-311, signs.

(7)

Stormwater management shall be in compliance with the MPCA construction stormwater permit requirements and Blue Earth County Requirements.

(8)

All accesses to public roads must be approved by the appropriate road authority.

(9)

An on-site manager is allowed only where adequate sanitary facilities are provided, either through use of a code compliant septic system or through connection to a municipal sanitary sewer system. Use of portable sanitary facilities does not fulfill this requirement.

(Ord. of 8-25-2020(2))

The purpose of this section is to ensure the purpose of the agriculture district, conservation district, and the goals of the land use plan are met when transferring residential development rights from an undeveloped quarter of a quarter section by creating performance standards and an administrative approval process.

(a)

Transfer of development rights application requirements. Any person proposing to transfer a development right shall make a written land use development application to the county. Application for such approval shall not be complete unless it contains the following:

(1)

Signed county application form.

(2)

A notarized form(s) from all owners from a quarter of a quarter section authorizing the development right to be transferred.

(3)

Proposed site plan for the dwelling that will result from said transfer of development right.

(4)

Required application fees.

(5)

Other site-specific information may be required or requested by the county.

(b)

Performance standards.

(1)

Any person proposing the transfer of a development right shall have a pre-application meeting with the Blue Earth County Planning Agency. The applicant shall provide a map showing the sending quarter of a quarter section and receiving quarter of a quarter section and the location of the intended development. If the proposal meets the requirements of the ordinance, notarized transfer agreements from the owners of property within the sending quarter of a quarter section shall be obtained by the applicant. The applicant shall submit the application fee and other applicable information requested by the planning agency.

(2)

The sending quarter of a quarter section and receiving quarter of a quarter section of the residential development right shall share a common boundary or corner point. Transferring a development right from a quarter of a quarter section to one that does not share a common border or corner through direct transfer or by conveyance through one that does share a common border or corner shall be prohibited.

(3)

The sending quarter of a quarter section and receiving quarter of a quarter section shall consist of a suitable buildable area capable of accommodating all requirements of the Blue Earth County Code of Ordinances for the construction of a single-family dwelling.

(4)

Except as allowed in sections 24-114 and 24-139 which address lots of record, the transfer shall not allow the establishment of more than four dwellings in a quarter of a quarter section.

(5)

All owners of parcels located within the sending quarter of a quarter section shall acknowledge relinquishment of the residential development right of the sending quarter of a quarter section using a form furnished by the county.

(6)

A development right can be transferred to a quarter of a quarter section from which a development right has previously been legally transferred provided the transfer meets the requirements of this section.

(7)

Outstanding violations on any properties within the sending quarter of a quarter section or on the parcel receiving the intended development right shall be brought into full compliance with the ordinance prior to receiving approval of the transfer by the county planning agency.

(8)

The Blue Earth County Planning Agency shall record with the county recorder development rights transfer agreement forms from all parcels within the sending and receiving quarter of a quarter sections. The recordation shall include the decision notice of the approved transfer.

(c)

Issuance. The planning agency shall issue a decision notice approving the transfer of development right only after determining that the land use development application is complete, the lot is buildable and that the plan complies with all provisions of this chapter.

(Ord. of 7-27-2021(1), Att. A)

This section is established to protect and promote health, safety, general welfare and order within the county through uniform standards, regulations, and procedures governing the short-term rental units. The use and operation of private vacation rental homes, referred to as short-term rental units, and to mitigate possible adverse impacts to surrounding properties, maintain water and environmental quality, ensure on-site parking is sufficient to provide parking for patrons and visitors, and the general safety of occupants of short-term rental units, the following standards shall be conformed to:

(a)

Application requirements. Any person proposing to operate a short-term rental unit shall make application to the planning agency for an interim use permit. The application for said permit shall contain the following:

(1)

A site plan which shows the location of the following:

a.

Property lines.

b.

The dwelling unit proposed for use as a short-term rental unit.

c.

Accessory structures.

d.

Square footage of parking areas and driveway(s).

e.

Shoreland recreational facilities (i.e. gazebos, boat house, and patios).

f.

Storage of outdoor garbage and recycling storage containers.

g.

All wells and septic systems facilities and secondary septic system location, or water and wastewater facilities serving the property.

h.

Docks and pathways to a lake or river when applicable.

i.

Fire pit for recreational fires.

j.

Other site-specific considerations identified by the planning agency.

(2)

Floor plans of the structure, including the number of bedrooms with dimensions.

(3)

All other information required for an interim use permit, including, but not limited to:

a.

Required fee.

b.

A building inspection and certificate of occupancy issued by a Minnesota Certified Building Official.

c.

A business plan that includes, but not limited to, quiet hours, maximum occupancy, parking, pet policy, refuse disposal, other property rules, the duration of available rental dates, the length of time the unit is available for rent for tenants of the unit, and any licenses required by other jurisdictions or agencies, including the Minnesota Department of Health.

d.

Subsurface sewage treatment system (SSTS) commercial operating permit, if appropriate.

e.

Proof of liability insurance.

(b)

Performance standards.

(1)

The maximum occupancy at any given time shall be in compliance with the capacity of the subsurface sewage treatment system (SSTS) serving the unit. If the unit is served by a municipal or a sewer district system, the occupancy will be limited to the maximum occupancy identified in the applicant's business plan or the occupancy identified by a lodging license from the Minnesota Department of Health, whichever is lower.

(2)

There may be a maximum of one rental unit per lot or parcel.

(3)

The rental property manager shall maintain a list of all current occupants of the unit. The list shall be made available to county staff and/or law enforcement upon request.

(4)

The use of ice houses, fish houses, campers, recreational vehicles, tents, or accessory structures for overnight lodging by renters is prohibited on a property where a short-term rental unit is located.

(5)

One location for recreational fires may be allowed, provided it meets all requirements of the state fire code.

(6)

A building inspection and certificate of occupancy shall be performed and issued by a Minnesota Certified Building Official at the applicant/landowner's expense prior to renting any unit.

(7)

All short-term rental units shall have at least one full bathroom consisting of a sink, toilet and tub or shower

(8)

The storage, collection, and disposal of refuse and garbage shall be conducted in accordance with chapter 16 (solid waste management) of the county Code to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution.

(9)

Refuse and garbage collection shall be made at least once each week and more often where necessary to prevent nuisance conditions. Final disposal of refuse and shall be accomplished at a waste management facility permitted by the state and licensed by the county.

(10)

The permit holder shall provide a physical visual demarcation of the property lines.

(11)

No other commercial use shall occur on the property, including home occupations. Events including reunions, luncheons, banquets, weddings, fund raising events or other gatherings for direct or indirect compensation, that exceed the occupancy limit, are prohibited at short-term rental units located within the rural residence and rural townsite districts.

(12)

The county may impose conditions that will reduce the impacts of the proposed use on neighboring properties, public services, nearby water bodies, public safety and safety of renters. Said conditions may include, but not be limited to, fencing or vegetative screening, native buffer along the shoreline, noise standards, duration of permit, restrictions as to the docking of watercraft, and number of renters.

(13)

All applicants for an interim use permit for a short-term rental unit must contact the Minnesota Department of Health to see if a lodging license is required, as it pertains to the standards contained in Minnesota Rules Chapter 4625. If a lodging license is required by the State of Minnesota for the short-term rental unit, it must be maintained annually, and evidence of the license maintenance shall be provided to the planning agency. If a license is not required, evidence acquired by the IUP applicant from the Minnesota Department of Health shall be supplied to the planning agency.

(14)

All short-term rentals, operating prior to the effective date of these standards, shall be in compliance with this section by February 1, 2023.

(c)

Parking requirements.

(1)

A minimum of two off-street parking spaces shall be provided for the rental unit.

(2)

Off-street parking spaces must meet parking space size regulations in section 24-310 of the county Code and parking for vehicles and trailers may only be allowed in designated parking spaces.

(3)

Public streets and rights-of-way shall not be used for parking of trailers or vehicles.

(4)

Any limitation standard of impervious surface on a property, as specified in chapters of this section, shall be met.

(d)

Sewage treatment.

(1)

The rental unit must either be connected to a municipal sewage treatment facility or must have a subsurface sewage treatment system.

(2)

If a subsurface sewage treatment system is utilized, it must meet the following criteria:

a.

It must be sized properly to accommodate the maximum occupancy of the rental unit in accordance with section 6-377, as amended.

b.

The rental unit must have a valid commercial operating permit for the subsurface sewage treatment system.

c.

Holding tanks are not allowed for short-term rental units.

d.

A secondary subsurface sewage treatment location must be identified and protected so that it is not impacted by parking of vehicles or trailers.

(e)

Rental property manager and notifications.

(1)

All short-term rental units shall have a designated rental property manager, or "manager" who meets the following requirements:

a.

The manager must be available 24 hours/day, seven days per week.

b.

The manager must be able to respond in person within 120 minutes of notification when patrons are present at the dwelling unit.

c.

The manager must have administrative authority over the property.

d.

The manager must have knowledge of the short-term rental unit, the property, and the county rules, standards and procedures.

(2)

A short-term rental owner or designee must provide the name, address and phone number for the rental property manager. The planning agency shall provide the property's manager's contact information to neighboring properties within one-quarter mile of the affected property at the time of permit approval. The owner or designee shall notify the county within ten days of a change of a property manager or a change in the property manger's contact information.

a.

The owner or designee shall post and maintain the property manager's contact information on the property or on the property's online webpage in a prominent location for viewing by the public.

(3)

The following information shall be posted within the rental unit in a prominent location, so it is easily visible for guests:

a.

The property manager's full name, address, and phone number.

b.

The rental unit's maximum occupancy.

c.

The location of parking stalls.

d.

The maximum number of vehicles, recreational vehicles, and trailers allowed at the property, where they are to be parked, and their allowable uses.

e.

The location of property lines.

f.

Fire extinguisher(s).

g.

Property rules related to use of exterior features of the property, quiet hours, pets, refuse disposal, and recreational fires.

h.

Evidence of a lodging license from the Minnesota Department of Health, if required.

i.

Conditions of the interim use permit impacted by the actions or behavior of the renters.

j.

Emergency procedures for a fire, tornado or similar natural disaster.

(f)

General enforcement of property conditions.

(1)

Complaints and violations of the short-term rental ordinance shall be processed with the following procedure:

a.

Issues pertaining to a short-term rental unit should be directed to the designated rental property manager for remedy.

b.

If an issue is not acknowledged by the rental property manager within 24 hours, and remedy of the issue is not identified by the rental property manager, a complaint may be made to the planning agency for non-emergency issues.

c.

An emergency issue impacting the immediate safety of residents or visitors should be referred to the appropriate law enforcement agency.

d.

The planning agency shall investigate all complaints and follow up with the designated owner or rental property manager and complainant. Any complaints substantiated by the planning agency and not resolved with the owner or rental property manager within the time period specified may result in the invalidation of the interim use permit for the short-term rental unit as reviewed by the planning commission and the board of commissioners.

(g)

Density of use.

(1)

In the rural residence (RR) or the rural townsite (RT) zoning district, no parcel or lot within 125 feet of a parcel or lot with an existing permitted short-term rental unit, as measured from the property line, shall be eligible for a short-term rental unit IUP.

(Ord. of 1-25-2022(3), Att. 1)

Stand-alone accessory buildings shall conform to the following standards:

(1)

Stand-alone accessory buildings are not allowed in the RR and RT districts except water-oriented structures as allowed in chapter 14, section 14-111.

(2)

Stand-alone accessory buildings in the Ag and C districts shall not exceed in total 3,000 square feet except for agricultural buildings. Subsequent accessory buildings shall be included in the allowable 3,000 square feet.

(3)

Stand-alone accessory buildings must meet principal setbacks.

(4)

Stand-alone accessory buildings and subsequent accessory buildings shall not be used for retail sales, industrial uses, vehicle repair, offices, any commercial or service activity, rental storage facility, or human habitation.

(5)

All accesses to public roads must be approved by the appropriate road authority.

(Ord. of 1-25-2022(2), Att. A)

The purpose of this section is to establish minimum requirements for regulation of liquid propane storage tank installation and to protect health, safety, and general welfare of citizens of Blue Earth County.

(1)

All liquid propane storage tanks shall be placed and installed in accordance with applicable National Fire Protection Association (NFPA) 58 and Minnesota State Fire Marshal regulations, expect as further restricted in this section.

(2)

Liquid propane storage tanks capable of holding 10,000 gallons or larger will require a construction permit, with the following standards:

a.

Liquid propane storage tanks shall comply with front yard regulation in the appropriate district.

b.

Liquid propane storage tanks must be located outside of the flood fringe, floodway, or general floodplain district as defined in chapter 8 of the Blue Earth County Zoning Ordinance.

c.

Liquid propane storage tanks shall comply with the required bluff setback of this chapter.

d.

Liquid propane storage tanks shall comply with the required county ditch setback of this chapter.

(Ord. of 1-25-2022(1), Att. 1)

The purpose of this section is to establish minimum requirements for regulation of cemeteries and memorial gardens to protect the health, safety, and general welfare of citizens of Blue Earth County through uniform standards, regulations and procedures. All cemeteries and memorial gardens shall conform to the following standards:

(a)

Application requirements. Any person proposing a cemetery shall make a written land use development application to the county. Applications for such permit shall not be complete unless it contains the following:

(1)

A site plan showing the location, when applicable, of existing wells, sewage treatment systems, buildings, driveways, bluffs, vegetation, steep slopes, lakes, rivers, streams, floodplain boundaries, and wetlands.

(2)

A site plan showing the location of all proposed improvements including, but not limited to, bathroom facilities, solid waste collection facilities, roadways, parking areas, wells, sewage treatment facilities, stormwater storage facilities, and proposed grave sites.

(3)

A grading plan with two-foot contour intervals.

(4)

Approved wetland delineation, when applicable.

(5)

Stormwater pollution prevention plan and operation and maintenance plans for all permanent and temporary stormwater control measures, when applicable.

(6)

Location and size of all proposed streets and parking areas servicing the cemetery.

(7)

Application fees.

(b)

Performance standards. All cemeteries shall meet the following standards:

(1)

All cemeteries shall be in compliance with Minn. Stats. ch. 306, Public Cemeteries or ch. 307, Private Cemeteries, as applicable.

(2)

The storage, collection, and disposal of refuse and garbage shall be conducted in accordance with chapter 16 (solid waste management) of the County Code to create no health hazards, rodent harborage, insect breeding areas, accidents or fire hazards, or air pollution.

(3)

Signs shall meet the requirements of section 24-311.

(4)

All parking shall meet the requirements of section 24-310.

(5)

All structures shall meet the minimum setback requirements of the district in which it is located.

(6)

All fencing shall meet the requirements of section 24-302.

(7)

The property must have either municipal sewer services or have the ability for onsite sewage treatment meeting all the standards in article V, subsurface sewage treatment systems, chapter 6 of the County Code, when applicable.

(8)

Burial activities on bluffs and steep slopes shall be prohibited.

(9)

All water-supply wells must comply with setbacks identified in Minnesota Rules, Chapter 4725.4450.

(10)

All structures and burial sites are not allowed in any floodplain district.

(11)

There shall be a setback of not less than 75 feet from the crown of all open county ditches or from the center of all sub-surface county drain tile to any fence, structure or burial site.

(Ord. of 6-21-2022(1), Att. A)

This section is established to protect and promote health, safety, general welfare, and order within the county through uniform standards, regulations, and procedures governing cannabis businesses, as allowed by Minn. Stats. ch. 342. The time, place, and manner of cannabis businesses operations shall comply with the standards outlined in this section in order to mitigate possible adverse impacts on surrounding properties.

(a)

Requirements for cannabis businesses. Cannabis businesses are required to be in compliance with the standards of the Blue Earth County Ordinances, Minnesota Statutes, and Minnesota Rules.

1.

Cannabis businesses within Blue Earth County's zoning authority require:

a.

An approved license issued by the OCM to a cannabis retail business.

b.

An approved registration issued by Blue Earth County to a state-licensed cannabis retail business, as specified in chapter 4 of the Blue Earth County Code of Ordinances.

2.

Cannabis businesses cannot be home occupations or operated out of a dwelling. Per Minn. Stats. ch. 342.09, subd. 2, cannabis businesses do not include the allowance of home cultivation of cannabis plants for personal use.

3.

A site inspection shall be conducted by county staff prior issuance of an interim use permit.

(b)

Minimum buffer requirements. Buffers shall be measured from the edge of the operational area of the cannabis business to the property line of the uses listed below, as confirmed by the planning agency.

1.

The operation of a cannabis business within 1,000 feet of a school is prohibited.

2.

The operation of a cannabis business within 500 feet of a licensed daycare is prohibited.

3.

The operation of a cannabis business within 500 feet of a residential treatment facility is prohibited.

4.

The operation of a cannabis business within 500 feet of a public park that is regularly used by minors, including a playground or athletic field is prohibited.

5.

The operation of a cannabis business within 500 feet of a church or house of worship is prohibited.

6.

The operation of a cannabis business within 500 feet of a residential dwelling is prohibited.

7.

The operation of a cannabis business within 500 feet of another cannabis business is prohibited.

The minimum buffer requirements are set forth to limit potential nuisance conditions, including but not limited to odor. Nothing within this section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a (school/daycare/residential treatment facility/attraction within a public park that is regularly used by minors) moves within the minimum buffer zone. The cannabis business would be a non-conforming use and follow the applicable standards of county ordinance if one of the previously referenced uses were to locate within the minimum buffer.

(c)

Zoning and land use.

1.

Cultivation. Cannabis businesses licensed or endorsed for cultivation are permitted as an interim use in the following zoning districts:

a.

Light industry.

b.

Heavy industry.

2.

Cannabis manufacturer. Cannabis businesses licensed or endorsed for cannabis manufacturer are permitted as an interim use in the following zoning districts:

a.

Light industry.

b.

Heavy industry.

3.

Hemp manufacturer. Businesses licensed or endorsed for low-potency hemp edible manufacturers permitted as an interim use in the following zoning districts:

a.

Light industry.

b.

Heavy industry.

4.

Wholesale. Cannabis businesses licensed or endorsed for wholesale are permitted as a (interim use) in the following zoning districts:

a.

Light industry.

b.

Heavy industry.

5.

Cannabis retail. Cannabis businesses licensed or endorsed for cannabis retail are permitted as a (interim use) in the following zoning districts:

a.

General business.

b.

Highway business.

6.

Cannabis transportation. Cannabis businesses licensed or endorsed for transportation are permitted as a (interim use) in the following zoning districts:

a.

Light industry.

b.

Heavy industry.

7.

Cannabis delivery. Cannabis businesses licensed or endorsed for delivery are permitted as a (interim use) in the following zoning districts:

a.

Light industry.

b.

Heavy industry.

(d)

Hours of operation.

1.

Cannabis businesses are limited to the retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10:00 a.m. and 10:00 p.m. seven days a week.

(e)

Business plan.

1.

The applicant shall submit the following as part of an application for a cannabis business:

i.

Summary of proposed business and operations, including hours of operations, services, products, and inventory control.

ii.

Site plan showing the location of the operational area of the business, and locations of parking, traffic flow, loading, wells, septic systems, stormwater structures, fencing, storage, other operations, and all structures. A survey drawing is required from a licensed surveyor. The county planning agency shall review the site plan for the applicable content of the survey.

iii.

Building plan showing the square footage of the operations of the structure.

iv.

Security plan that meets State of Minnesota standards for cannabis businesses, including:

a.

Alarm system;

b.

Video surveillance;

c.

Lighting;

d.

Locks;

e.

Immediate response protocol, which must be initiated within 30 minutes from the occurrence of a security event;

f.

Protocols for testing security measures, including alerts to local law enforcement of a security event; and

g.

Cannabis businesses engaged in the transport and/or delivery of cannabis shall include transportation security requirements, in compliance with the rules adopted by the State of Minnesota.

v.

Signage. Cannabis businesses signage must conform to the standards of section 24-311 of the Blue Earth County Code of Ordinances.

vi.

Solid waste plan. Management of solid waste must include the disposal of hazardous materials, surplus plant material, and recalled/damaged/expired product. Disposed product must be rendered unusable to ensure the waste will not end up in the illicit market or be accessible to minors.

vii.

Water and wastewater plan. Cultivator, cannabis manufacturers, and hemp manufacturers shall submit the planned water usage and wastewater generated for operations from a licensed engineer.

viii.

Documentation from the office of cannabis management outlining preliminary approval.

ix.

Odor management. An odor management plan to minimize the development of odors which could cause nuisance conditions off-site shall be included in the business plan. The odor management plan shall include:

a.

A description of the business operations and materials that could generate odors.

b.

A description of ventilation and filtration for odor control.

c.

A site map of potential odor generating locations.

d.

Strategies to address odor issues which arise and a schedule outlining the timing of implementation.

(f)

Review and termination of cannabis business interim use permits.

1.

The following shall trigger a review of a cannabis business interim use permit, as determined by the planning agency:

a.

Noncompliance with the conditions of approval of an interim use permit.

b.

Noncompliance with the county ordinance standards for cannabis businesses.

c.

Noncompliance with the state standards contained in statute or rule for cannabis businesses.

2.

The following shall terminate the interim use permit for a cannabis business:

a.

Suspension of a registrant/licensee retail registration by Blue Earth County for non-compliance with county ordinance standards for cannabis businesses or for violation of Minn. Stats. ch. 342 and/or applicable Minnesota Rules, filed with the OCM. A business may reapply for an interim use permit to resume operations after all violations have been addressed and the OCM has provided Blue Earth County an expedited complaint report.

b.

The sale of the property on which a cannabis business operates.

c.

A change in ownership of a cannabis business.

d.

A change in the state cannabis license holder.

(Ord. of 11-19-2024(1), Att. 1)

(a)

Development standards. Adaptive reuse projects shall, at a minimum comply with the following development standards:

(1)

The proposed use shall require approval of an interim use permit from the county board.

(2)

Proposals with potential to generate wastewater shall be served by a code-complying wastewater treatment system or municipal sewer.

(3)

Business uses shall be limited to the hours of 8:00 a.m. to 10:00 p.m. Additional hours may be considered by the county board.

(4)

Parking shall comply with section 24-310, parking and loading regulations.

(5)

Projects which include multiple uses shall be reviewed by the zoning administrator for having sufficient parking stalls for the proposed uses.

(6)

Adaptive reuse projects shall not include uses that will likely create offensive noise, vibration, smoke, dust, odors, heat, or glare beyond the property lines.

(7)

Adult uses, junkyards/salvage yards, or cannabis businesses shall be prohibited as an adaptive reuse.

(Ord. of 2-25-2025(1), Att. 1)