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Jenkins City Zoning Code

CHAPTER 150

LAND USE AND SUBDIVISIONS

§ 150.001 TITLE.

   This chapter shall be referred to and cited as the City Land Use, Land Use and Subdivision Ordinance, except hereinafter, where it shall be cited as the “Chapter.”
(Ord. passed 4-10-2017)

§ 150.002 PURPOSE.

   (A)   Authority. This chapter is established pursuant to the authority granted by Minnesota Statutes, in particular the Municipal Planning Act, M.S. §§ 462.351 to 461.364, as amended from time to time, the Municipal Shoreland Act, M.S. Chapter 379, M.S. §§ 462.351 to 462.364, as amended from time to time, The Land Subdivision and Condominiums Acts, M.S. Chapters 462, 505, 515, 515A, and 515B, as they may be amended from time to time, and policies in M.S. §§ 105,115, and 116, as amended from time to time.
   (B)   Purpose.
      (1)   Protecting the public health, safety, comfort, convenience, and general welfare;
      (2)   Inaugurating and effectuating the goals of the Comprehensive Plan;
      (3)   Promoting order in development by dividing the area of the city into zones and regulating therein the location, construction, reconstruction, alteration, and use of the structures and land;
      (4)   Conserving the natural and scenic beauty and attractiveness of the city, for the health and welfare of the public;
      (5)   Providing for adequate light, air, and access to property by regulating the use of the land and buildings, and the bulk of structures, in relation to surrounding properties;
      (6)   Providing for the administration of the provisions of this chapter and defining the authority and duties of the Administrator, Planning Commission, Board of Adjustment, Parks Committee, and City Council under this chapter;
      (7)   Providing standards and criteria for shorelands to preserve and enhance the quality of surface waters, conserve the economic and natural environment values of shorelands, and provide for the wise use of water and related land resources for the city; and
      (8)   Promoting the economic wellbeing of the community by providing an attractive, stable, and viable venue for new businesses.
(Ord. passed 4-10-2017)

§ 150.003 RELATION TO LAND USE PLAN.

   It is the policy of the city that the enforcement, amendment, and administration of this chapter be accomplished with due consideration of the recommendations contained in the City Comprehensive Plan as developed and amended from time to time by the Planning Commission and City Council as well as any other city land use and development plans enacted from time to time. The City Council recognizes the Comprehensive Plan as the policy for regulating land use and development.
(Ord. passed 4-10-2017)

§ 150.004 RULES.

   The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction.
   (A)   The word PERSON includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
   (B)   The masculine gender includes the feminine gender and the neuter gender.
   (C)   The singular includes the plural, and the plural includes the singular.
   (D)   The present tense includes the past and future tenses, and the future includes the present.
   (E)   The word MAY is permissive. The word SHALL is mandatory. Mandatory compliance with the chapter shall allow for variances thereto.
   (F)   All horizontal and vertical measured distances shall be expressed to the nearest tenth of a foot and its metric equivalent, unless specifically stated otherwise.
   (G)   The words LOT, PLOT, PIECE, and PARCEL of land are interchangeable.
   (H)   The words USED FOR, shall include the phrases ARRANGED FOR, DESIGNED FOR, INTENDED FOR, IMPROVED FOR, MAINTAINED FOR, and OCCUPIED FOR.
(Ord. passed 4-10-2017)

§ 150.005 DEFINITIONS.

   For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   ABANDONED BUILDING. A building as defined hereinafter, on public or private property, which no longer serves a practical use and, due to its location or structural condition, is considered a safety hazard in the opinion of the Zoning Administrator.
   ABANDONED MOTOR VEHICLE. A motor vehicle as defined in M.S. § 169.01, as amended from time to time, that has remained on public property in an inoperable condition for more than 48 hours, or has remained on private property for more than 48 hours without the permission of the owner, or has remained on private property for more than 30 days and is inoperable or is unlicensed unless kept in a garage or other storage structure.
   ABUTTING. Making direct contact with or immediately bordering.
   ACCESSORY USE OR STRUCTURE. A use on the same lot that is both incidental and subordinate to and serving the principal use or structure of facility.
   ADDITION. A physical enlargement of an existing structure.
   ADJACENT. In close proximity to or neighboring, not necessarily abutting.
   ADULT BOOK AND/OR MEDIA STORE. An establishment which has a substantial portion (25% of utilized floor area) of its stock in trade or stock on display books, magazines, films, videotapes, or other media which are characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
   ADULT CABARET. An establishment which provides dancing or other live entertainment, and if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction, or description of specified sexual activities or specified anatomical areas.
   ADULT ESTABLISHMENT. Any business which offers its patrons services, entertainment, or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other adult establishments.
   ADULT HOTEL OR MOTEL. A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
   ADULT MINI-MOTION PICTURE THEATER.
      (1)   A theater in an enclosed building, with a capacity for less than 50 persons, used for presenting motion pictures, including, but not limited to, film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
      (2)   Any business which presents motion pictures, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for viewing on the premises, including, but not limited to, private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent.
   ADULT MOTION PICTURE ARCADE. Any place wherein coin or token operated or electronically, electrically, or mechanically controlled or operated still or motor picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
   ADULT MOTION PICTURE THEATER. A theater in an enclosed building, with a capacity of 50 or more persons, used regularly and routinely for presenting live entertainment or motion pictures, including, but not limited to, film and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
   ADULT NOVELTY BUSINESS. A business which sells, offers to sell, or displays devices which stimulate human genitals, or devices which are designed for sexual stimulation.
   ADULT USE. Any of the adult activities and businesses described above constitute ADULT ORIENTED BUSINESSES which are subject to the regulation of this chapter.
   AGENT. Any person acting on behalf of a landowner in dealing with activities under the jurisdiction of the chapter, including, but not limited to, realtors, contractors, or attorneys.
   AGRICULTURAL USE. The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses used for packing, treating, or storing the product, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
   AIRPORT. Any premises used or intended for use for the landing and taking off of aircraft, including any structures used or intended for use for aircraft services.
   ALTERATION. A change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or by moving from one location to another, of a building or a structure.
   ANIMALS, DOMESTIC. Common household pets, such as dogs and cats, kept for amusement, companionship, decoration, or interest.
   ANIMALS, WILD OR EXOTIC. Animals, such as wolves, tigers, lions, and snakes, that are not normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the wild.
   ANIMAL BOARDING FACILITY. An establishment that houses animals, other than those belonging to the occupant, overnight or over an extended period of time.
   ANIMAL GROOMING ESTABLISHMENT. An establishment principally engaged in grooming animals in which overnight boarding is prohibited.
   ANIMAL HUSBANDRY. The practice of raising, selective breeding, farming, or care of common farm animals such as cattle, horses, hogs, sheep, goats, poultry, and rabbits by humans for advantages.
   ANIMAL UNIT. A unit of measure based on the approximate production of wastes from 1,000 pounds of live weight of poultry or animals.
 
Livestock: One cow, hog, horse, steer, donkey, llama, or similar animal
1.0
Livestock, small: One goat, sheep, lamb, alpaca, or similar animal
0.3
One rabbit, domestic bird/poultry, or similar animal
0.05
Chickens   : Please see § 150.241 for all districts
 
   ANTENNA. Any structure or device used for the purpose of collecting or radiating electromagnetic waves, including, but not limited to, directional antennas such as panels, microwave dishes, satellite dishes, and omni-directional antennas such as whip antennas. Dishes under 36 inches are excluded from the definition of ANTENNA.
   APARTMENT. A room or suite of rooms that is designed for, intended for, or occupied as a residence by a family or individual, and is equipped with sanitary facilities.
   APPEAL. An application for the review of an order, requirement, decision, determination, or interpretation of this chapter made by an administrative officer in the application and/or enforcement of this chapter.
   ARCHITECTURAL PROJECTION. A non-functional or ornamental feature on a building or other structure that does not extend to or from the ground.
   ARTIST’S STUDIO. A fine arts workshop of a painter, sculptor, potter, weaver, carver, jeweler, photographer, or other similar art that requires artistic skill, where the public is received or where the artist is engaging in retail sales. Not generally utilitarian, related to personal hygiene, or adornment.
   ATTACHED. Two buildings or structures that combine to form one building or structure through the use of at least one common wall, not including a breezeway.
   ATTORNEY. The attorney duly appointed by the Council to represent the city.
   AUTO SALVAGE YARD. A lot or yard where four or more motor vehicles are stored while parts are removed, where crushing occurs, or where storage pending crushing may occur.
   AUTO TRIP. Transport in a vehicle that includes both an arrival and a departure from a location.
   BALCONY. Same as a DECK.
   BANNER. A temporary sign constructed out of paper, plastic, cloth, cardboard, or some other non-permanent material and affixed to poles or the side of a building in a manner than can be easily moved, modified, or rearranged.
   BATHROOM. A room containing a shower or bathtub or a sink and toilet.
   BASEMENT. The space below the first story of a structure which is greater than four feet in height.
   BED AND BREAKFAST DWELLING. A dwelling, single family, licensed through the County Public Health Services, where, for compensation, meals and lodging are provided for three or more unrelated persons, but not to exceed eight persons. The owner of the parcel must live on the premises.
   BEDROOM. A portion of a dwelling unit intended to be used for sleeping purposes, which may contain closets and may have access to a bathroom.
   BLUFF.
      (1)   A topographic feature such as a hill, cliff, or embankment having all of the following characteristics:
         (a)   Part or all of the feature is located in a shoreland area;
         (b)   The slope rises at least 25 feet above the ordinary high water mark of the water body;
         (c)   The grade of the slope from the toe of the bluff to a point 25 feet above the ordinary high water level averages 30% or greater; and
         (d)   The slope must drain towards the water body.
      (2)   An area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the BLUFF.
   BLUFF IMPACT ZONE. A bluff and the land located within 20 feet inland from the top of the bluff.
   BOAT ACCESS. A ramp, road, or other conveyance on a residential lot which allows the launching and removal of a boat with a vehicle and trailer.
   BOAT HOUSE. A structure designed and used solely for the storage of boats or boating equipment.
   BOARDING HOUSE. Same as BED AND BREAKFAST DWELLING.
   BOARD OF ADJUSTMENT. The Board, appointed by the City Council, to hear appeals from actions of the Zoning Administrator, and variance requests.
   BREEZEWAY. A covered or enclosed walkway that physically connects two or more buildings or structures. Shall not materially connect the two or more buildings or structures.
   BREWERY. Manufactures, processes, and warehouses malt liquor for wholesale distribution in off-sale packages to retail liquor establishments and may retail malt liquor product for onsite consumption in a taproom or for offsite consumption as growlers. A brewer may not have an ownership interest in a BREWERY licensed under M.S. § 340A.301, Subd. 6, clause (d), as amended from time to time.
   BUILDABLE AREA. Any site, lot, parcel, or any portion thereof that does not contain designated flood plain, wetlands, or areas in excess of 25% slope.
   BUILDING. Any structure used or intended for storage, shelter, or occupancy.
   BUILDING HEIGHT. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height between the eaves and the highest ridge of gable, hip, or gambrel roofs, or ten feet below the peak, whichever is greater.
   BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
   BUILDING PERMIT. A permit authorizing an applicant under this code to undertake construction or other development activity.
   CAMPGROUND. Any area, whether publicly or privately owned, consisting of designated campsites with appropriate facilities and management services designed for temporary occupation by tents or recreational vehicles.
   CAMPING. Habitation of a temporary structure.
   CAMPSITE. A parcel within a resort or campground designated for the occupancy of one family on a periodic basis in a tent or recreational vehicle.
   CEMETERY, UNPLATTED. Any human remains or burials found outside of platted, recorded, or identified cemeteries pursuant to M.S. § 307.08, as amended from time to time.
   CHAIRPERSON. The individual elected by the Planning Commission to chair its meetings. A vice-chair may also be elected and would serve as CHAIRPERSON when the elected chairperson was absent.
   CHILD CARE, CENTER. A facility that is maintained, for the whole or part of the day, for the care of five or more children who are 18 years of age or younger, and who are not related to the owner, operator, or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term shall not include any facility licensed as a foster care home or any facility defined as a CHILD CARE, FAMILY HOME.
   CHILD CARE, FAMILY HOME. A primary residence where, for the whole or part of the day, an owner of the residence, licensed as a child care provider, cares for five or more children who are 18 years of age or younger and who are not related to the owner, whether such facility is operated with or without compensation for such care.
   CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship and related community activities.
   CLEAR CUTTING. See VEGETATION REMOVAL, CLEAR CUTTING.
   CITY CLERK-TREASURER. The appointed person responsible for administration of the city affairs.
   CITY COUNCIL. The duly elected governing body of the city.
   CITY SEWER OR WATER SYSTEM. A system of municipally maintained utilities, approved by the state, and serving more than one building or property.
   COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, trade of products, goods, or services.
   COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. All commercial wireless telecommunications services, including cellular, personal communications services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public.
   COMMISSIONER. The Commissioner of the Department of Natural Resources.
   COMMUNITY PARK. A park designed to provide recreational opportunities to serve the entire community.
   CONSERVATION PARCEL. A parcel of land set aside from development in a Rural Conservation Subdivision.
   COMPREHENSIVE PLAN. Also referred to as COMMUNITY PLAN. A compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the city and its environs and may include, but is not limited to, the following items: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution.
   CONDITIONAL USE. A land use or development, as defined by the chapter, that would not be appropriate without restriction, but may specifically be allowed without restrictions of conditions as determined by the Planning Commission and the Council upon a finding that the use or development is an appropriate CONDITIONAL LAND USE in the land use zone; the use or development, with conditions, conforms to the Comprehensive Land Use Plan; the use, with conditions, is compatible with the existing neighborhood; and the use, with conditions, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance, or prosperity of the city.
   CONTIGUOUS. The sharing of a common border at more than a single point. Lots, parcels, or boundaries may be considered CONTIGUOUS where separated by rights-of-way, rivers, or streams.
   CONTROLLED ACCESS LOT. Any lot which is designated for the exclusive use by non-riparian landowners within a subdivision as a means to gain access to a lake, river, or stream.
   COUNCIL. The City Council, as established by state law.
   CRAWL SPACE. The space below the first story of a structure not more than four feet high and not intended for human habitation.
   CUL-DE-SAC. A short local street terminating in a vehicular turnaround.
   DBH. Diameter at breast height. The width of a tree or shrub as measured at four and one-half feet above the ground surface.
   DECK. An uncovered, unscreened structure or on-grade patio not including on-grade walks four feet wide or less.
   DOCK. A platform extending waterward from the shoreline intended for ingress and egress for moored watercraft or to provide access to water for swimming, fishing, or other water-orientated activities.
   DORMITORY. A building, or portion thereof, providing group sleeping accommodations in one room, with shared bath and toilet facilities.
   DUPLEX, TRIPLEX, or QUAD. A structure on a single lot having two, three, or four dwelling units respectively being attached by common walls, and each being equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
   DWELLING, GUEST QUARTERS. A structure, not for sale or lease, used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling on the lot. Any accessory structure with kitchen or bathroom facilities shall be considered a DWELLING, GUEST QUARTERS.
   DWELLING, MULTI-FAMILY. Two or more dwelling units attached together by any point, including duplexes, triplexes, townhouses, and multi-level units, regardless of type of ownership.
   DWELLING, SINGLE FAMILY. A dwelling unit totally separated from any other dwelling unit.
   DWELLING, TOWNHOUSE. A type of multi-family housing consisting of dwelling units attached by common party walls. Ownership may be defined by plat or condominium plan.
   DWELLING SITE. A designated location for residential use by one or more persons using temporary or moveable shelter, including camping and recreational vehicle sites.
   DWELLING UNIT. A structure or portion of a structure or other shelter designed as a short or long-term living quarters for one or more persons, including rental or time share accommodations such as a motel, hotel resort rooms, and resort cabins.
   DWELLING WIDTH. The smallest horizontal dimension of the major portion of a dwelling.
   EARTH TONE. A shade of color that, when viewed from a distance, blends with the colors of the surrounding landscape.
   ENGINEER. The engineer duly appointed by the Council to perform technical services for the city.
   EVENT CENTER. A premises which is rented out for public or private activities that are not repeated on a weekly basis, and which are not open to the public on a daily basis at times other than when an event is scheduled.
   EXTERIOR STORAGE. Storage of goods, materials, equipment, and manufactured products outside a fully enclosed building.
   EXTRACTIVE USE. The use of land for removal of sand, gravel, rock, industrial minerals, soil, other non-metallic minerals, or pea not regulated under M.S. §§ 93.44 through 93.51, as they may be amended from time to time.
   FAMILY. An individual, or two or more persons related by blood, marriage, adoption, or a relationship legally recognized in the state, or not more than five unrelated persons maintaining a common household.
   FEEDLOT. A lot or building, or combination of lots and buildings, intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be ANIMAL FEEDLOTS. Pastures shall not be considered ANIMAL FEEDLOTS.
   FEE SCHEDULE. The official schedule of land use related fees and penalties adopted by the City Council.
   FENCE. Any structure erected for the purpose of enclosing, dividing, or screening the boundary between parcels of land.
   FILLING. The act of depositing any clean earthen material.
   FINAL FLOOR PLAN. A drawing prepared by a registered architect, registered engineer, or registered land surveyor depicting the condominium subdivision of real estate and related information conforming to the requirements of M.S. §§ 515A.2 through 515A.2-110, as it may be amended from time to time.
   FINAL CONDOMINIUM PLAT. A drawing prepared by a registered architect, registered engineer or registered land surveyor depicting the condominium subdivision of real estate and related information conforming to the requirements of M.S. §§ 515A.2 through 515A.2-110, as it may be amended from time to time.
   FINAL PLAT. A drawing, in final form, showing a proposed subdivision containing all information and detail required by state statutes and by this chapter to be presented to the Planning Commission and the City Council for approval, and which, if approved, may be duly filed with the County Recorder.
   FISH HOUSE. A structure placed on a lake during the winter for use in fishing. A structure will only be considered a FISH HOUSE if it is 160 square feet or less, is moveable, and has a current license.
   FLOODPLAIN. The areas adjoining a water course, intermittent or permanently flowing, which have been or will be covered by the runoff waters of a storm with a 1% chance of occurrence any year (100-year storm).
   FLOODWAY. The channel of the water course and those portions of the adjoining floodplain which are reasonably required to carry and discharge the regional flood (100-year chance of occurrence).
   FOOTPRINT. The horizontal extent to which a structure covers the ground plane as represented in a plan view, including cantilevered building elements but excluding eaves and similar architectural projections of the roof plane.
   FORB. A broad leafed, non-woody plant other than grass, sedge, or rush. FORBS include native herbs, ephemerals, and wildflowers.
   FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than the re-establishment of a subsequent forest stand.
   FOUNDATION. A concrete, concrete and concrete block, or treated wood portion of a structure that supports the bearing loads of the superstructure and penetrates the ground, providing frost protection. Must meet the provisions of the Building Code adopted by the state. Concrete pillars may be used as a FOUNDATION for manufactured homes so long as the installation is done to the manufacturer’s specifications and skirting is provided around the perimeter to provide the look of a completely enclosed FOUNDATION.
   FRONTAGE. The uninterrupted front boundary line of a lot, or the length of such line, that abuts on a street or protected water.
   GARAGE, ATTACHED. A part of the principal structure designed for the storage of motor vehicles.
   GARAGE, DETACHED. An accessory structure not attached to the principal structure on the property designed and used for storage.
   GAZEBO. A freestanding accessory structure with no kitchen, sleeping, sanitary facilities, or pressurized water, intended as weather and insect protection for such activities as picnicking and lake viewing.
   GRADING. The movement of dirt, by mechanical means, so as to alter the existing topography of a property.
   GREEN SPACE. Privately owned property permanently dedicated by covenant or deed restriction to vegetate ground coverage with allowance for use as recreational facilities, tree coverage, water course, sewage disposal, or similar uses. Public property permanently dedicated to park, vegetative buffer, tree coverage, or watercourses.
   GROUP CARE FACILITIES. A facility which provides residential services for individuals that are handicapped, aged, disabled, or undergoing rehabilitation. This includes uses such as homes for the physically handicapped, mentally retarded, chemically dependent, foster children, maternity-shelters, and half-way houses.
   HOME OCCUPATION. A use of commercial nature conducted by an occupant entirely within the dwelling or accessory buildings which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the residential character thereof.
   HOME OCCUPATION, TYPE I. A home occupation, the commercial nature of which involves providing a service to a limited number of people who are predominantly acquaintances. Generates less than ten auto trips per week. No employees beyond owner. No signage or other advertising done either on or offsite. Would include businesses that are similar in nature to tutoring or music lessons performed on an individual basis.
   HOME OCCUPATION, TYPE II. A home occupation, the commercial nature of which involves providing a service to people or organizations that do not receive the service at the property from which is it being provided. Generates less than 25 auto trips per week, including deliveries and employees. No more than two employees, in addition to the owner, working onsite. No signage done either on or offsite. Would include businesses that are similar in nature to telephone sales, consulting, or web design.
   HOME OCCUPATION, TYPE III. A home occupation, the commercial nature of which involves providing a service or product to people or organizations within the home. Generates less than 60 auto trips per week, including deliveries. No more than two employees, in addition to the owner working onsite. May include onsite signage. May include retails sales of items manufactured onsite. Would include businesses that are similar in nature to chiropractic service, artist studio, or craft shop.
   HOME OCCUPATION, TYPE IV. A home occupation, the commercial nature of which involves providing a service or product to people or organizations off site. Generates less than 60 auto trips per week, including deliveries. All employees do the majority of their work offsite. May include onsite storage or warehousing of work related materials. Would include businesses that are similar in nature to lawn care services and offsite sandblasting services.
   HOTEL. A building containing three or more individual rooms, without kitchens, used for overnight lodging by the general public on a short-term basis for a fee, with or without meals, and which has common reservation and cleaning services, combined utilities, and onsite management and reception services.
   HOUSE OF WORSHIP. Same as CHURCH.
   IMPERVIOUS SURFACE. The horizontal area of buildings, patios, walks, driveways, accessory structures, and other surfaces generally impervious to the penetration of stormwater, including gravel drives and parking.
   INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.
   INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
   JUNK YARD. An area where used waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleared, parked, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles, and used building materials. Storage of materials in conjunction with the construction of a manufacturing process shall not be included. Three or more automobiles without current licenses constitute a JUNK YARD. Such use shall not include putrid wastes such as garbage.
   LAKE CLASSIFICATION. The formal classification provided by the Department of Natural Resources for each body of public waters within the city.
   LANDFILL. A method of solid waste disposal in which refuse is buried between layers of dirt.
   LANDSCAPING. Plantings such as trees, grass, shrubs, and decorative timbers, arbors, rocks, and water displays.
   LICENSED ENGINEER. A person licensed as a professional engineer by the state.
   LICENSED SURVEYOR. A person licensed as a professional surveyor by the state.
   LITTER. Waste materials, including, but not limited to, cans, bottles, plastic, and paper wrappings or containers.
   LIVESTOCK. Domestic animals, such as cattle or horses, raised for home use or for profit, especially on a farm.
   LOGGING. The sustainable practice of felling and trimming trees and transporting the logs to a mill.
   LOT. A parcel, piece, or portion of land described by metes and bounds, registered land survey, auditor’s plat, or subdivision plat and separated from other parcels or portions of land by said description for purposes of sale, lease, mortgage, building, or separation.
   LOT AREA. The horizontal area of a lot bounded by the lot lines and the ordinary high waterline if bounded by water.
   LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets or a lot at the point of deflection in alignment of one street with the internal angle less than 135 degrees.
   LOT, FRONT. The boundary of a lot which abuts on a public right-of-way, or if a corner lot, the shortest of the two boundaries. If the lot abuts public water, the lake side shall be considered the LOT FRONT.
   LOT LINE. The property lines bounding a lot, except that where the description extends into a public right-of-way, the right-of-way line shall be considered the LOT LINE.
   LOT, PRE-EXISTING. A lot which is one unit of a subdivision plat heretofore duly approved and filed or one unit of an auditor’s subdivision, or registered land survey, or a lot created by metes and bounds that has been recorded in the office of the County Recorder prior to the effective date of this chapter.
   LOT TIER DEPTH. The lot depth of a normal lot conforming to the shoreland requirements: General development lake first tier: 200 feet; second and additional tiers: 267 feet; recreational development lake: 267 feet; natural environmental lake: 400 feet.
   LOT TIERS. Successive strips of land parallel with the ordinary high water line, each one tier depth wide, and extending across the parcel.
   LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.
   MAINTENANCE. The normal upkeep of a structure, including the replacement of windows, siding, roofs, nonbearing walls, or interior remodeling that does not expand the footprint of the existing structure, add volume to the usable living space, or intensify a non-conforming use.
   MANUFACTURED HOME. A structure, transportable in one or more sections, which, when erected onsite, is a minimum of 640 square feet, is built on a permanent foundation, contains the heating, plumbing, and electrical systems within, and meets the requirements of the Building Code adopted by the state.
   MARINA. A dock or set of docks on a single parcel that contains more than three slips or more slips than first tier dwelling units, whichever is greater.
   MATURE TREE. A living tree greater than four inches in diameter.
   METES AND BOUNDS. A method of property description utilizing directions and distances commencing from and terminating at an identifiable point.
   MOTEL. A building containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with parking space reserved for each unit, and which is designed, used, or intended to be used primarily for the accommodation of transient guests.
   MULTI-LEVEL DWELLING. A type of multi-family housing consisting of dwelling units stacked one above the other, creating a party floor or floors between units.
   NATURAL DRAINAGE WAY. All land surface areas which, by nature of their contour or configuration, collect, store, and channel surface or runoff water.
   NEIGHBORHOOD. The area adjacent to or surrounding existing or proposed development characterized by common use or uses, density, style, and age of structures and environmental characteristics.
   NON-CONFORMING. The building, structure, or land lawfully existing prior to and not in conformance with the provisions of this chapter.
   NUISANCE. By authority and direction of M.S. Ch. 145A and M.S. § 412.221, Subds. 23 and 24, as they may be amended from time to time, NUISANCE is anything that interferes with the use or enjoyment of property, endangers personal health of public safety, or is offensive to the senses such as excessive smoke, odor, noise, heat, vibration, glare, traffic generation, visual impact, and other similar interferences or offenses.
   NURSERY. A retail business growing and selling trees, flowering or decorative plants and shrubs.
   NURSING HOME. Any institution or facility required to be licensed as such under M.S. §§ 144.50 to 144.56, as they may be amended from time to time, by the State Board of Health.
   OFF-STREET PARKING. A designated space or area of land with a paved or all-weather surface not within a public street or right-of-way and used for the parking of vehicles.
   OPEN DISTRICT. A zoning district defined by natural features to be unsuitable for any dwelling and unsuitable for any other development except in accordance with the conditional use permit process. Corresponds to the DNR Special Protection District.
   OPEN STORAGE. Storage of material outside of a building.
   ORDINARY HIGH WATER MARK. The boundary of public waters and wetlands consisting of an elevation delineating the highest water level which has been maintained for sufficient period of time to leave evidence on the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel, for reservoir and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.
   OVERLAY MAP. An official map of the city that describes the location of an overlay zone.
   OWNER. An individual, firm, association, syndicate, partnership, corporation, trust, or any other legal entity having proprietary interest in the land and/or building.
   PARKING SPACE. A ten-foot by 20-foot site off public right-of-way, maintained and sized to accommodate the parking of one automobile.
   PARTY WALL OR FLOOR. A common wall which divides two independent dwelling units or businesses.
   PERMITTED USE. A land use conforming to the character of a zoning district which is permitted by ordinance, requiring only a zoning permit issued by the Zoning Administrator.
   PET. An animal commonly associated with human habitation, not considered under animal units, and not raised for production of income.
   PLANNED UNIT DEVELOPMENT (PUD). A land use characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common green space, density increases, and mix of structure types and land uses. Does not include a duplex where specifically allowed in a zoning district on a single parcel of land.
   PLANNED UNIT DEVELOPMENTS, COMMERCIAL. Uses that provide transient, short-term lodging spaces, rooms, or parcels, and their operations are essentially service-orientated. These shall include, but not be limited to, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities.
   PLANNED UNIT DEVELOPMENT, RESIDENTIAL. A use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, townhouses, cooperatives, and full fee ownership residences would be considered as RESIDENTIAL PLANNED UNIT DEVELOPMENTS. Includes time share condominiums not part of a resort.
   PLANNING COMMISSION. The body duly appointed by the City Council to determine the development of the city and make recommendations to the City Council on comprehensive plans, zoning district boundaries, conditional use permits, subdivision of land, and capital improvements.
   PORCH. A covered platform attached to a structure.
   PORCH, ENCLOSED. A covered platform attached to a structure with more permanent enclosures than those described in PORCH.
   PORTABLE. Capable of being transferred or moved from one place to another.
   PRACTICAL DIFFICULTIES. The property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of locality. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES. PRACTICAL DIFFICULTIES include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
   PRE-BUILT HOME. Same as MANUFACTURED HOME.
   PRELIMINARY PLAT OR PLAN. A plan prepared in accordance with this chapter depicting the proposed subdivision of property by final plat or final floor plan.
   PRINCIPAL STRUCTURE OR USE. The single primary structure or use on a lot, as distinguished from accessory uses or structure. To be considered a PRINCIPAL STRUCTURE, the structure must be at least 400 square feet.
   PROTECTIVE COVENANTS. Restrictions placed on the property by the owner and duly filed with the County Recorder. These may also be used in planned unit developments to establish homeowners associations, restrict shoreline development, and provide for common facilities.
   PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, as amended from time to time. However, no lake, pond, or flowage of less than ten acres in size in municipalities need be regulated for the purposes of the shoreland management rule. A body of water created by a private user where there was no previous shoreline may, at the discretion of the local government, be exempted from the shoreland management. The official determination of the size and physical limits of drainage areas of rivers and streams should be made by the DNR Commissioner.
   RECORDER. The County Recorder.
   RECREATIONAL EQUIPMENT. Equipment, both motorized and non-motorized, that is subject to licensing by the state and is designed primarily for recreational use.
   RESIDENTIAL WIND ENERGY CONVERSION SYSTEM. A wind energy conversion system consisting of a wind turbine, and associated control or conversion electronics, which has a rated capacity of not more than 20 kW and which is intended to primarily reduce onsite consumption of utility power. A system is considered a RESIDENTIAL WIND ENERGY SYSTEM only if it supplies electrical power solely for onsite use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for onsite may be used by the utility company.
   RECREATIONAL VEHICLE. Vehicles for recreational use that can be driven, towed, or hauled. These vehicles are designed to be temporary living space for camping or travel use. RVs shall include travel trailers, camper trailers, truck campers, self-propelled motor homes, and other similar vehicles.
   RESORT. Any buildings, structures, or enclosures kept, used, maintained, or advertised as, or held out to the public to be, an enclosure where sleeping accommodations are furnished to the public and primarily to those seeking recreations, for periods of one day, one week, or longer, and having for rent three or more cottages, rooms, or enclosures along with any related facilities such as restaurants, bars, golf courses, or other recreational amenities.
   RESTAURANT. An establishment where the principal business is the preparation, service, and sale of food and beverages to be consumed by customers at tables or counters located within the building on the premises.
   RIGHT-OF-WAY. A parcel of property dedicated to the public, connecting to other public rights-of-way, which affords primary access by pedestrians and vehicles to abutting properties.
   RIPARIAN LOT. A property that is abutting a body of water listed in § 150.025(D).
   RURAL CONSERVATION SUBDIVISION. A method of subdividing land that provides for preservation of open space and clustering of individual lots.
   SCREENING. Fencing, an earthen berm, or vegetative growth that visually separates one object from another.
   SELF-STORAGE FACILITY. A building or group of buildings sharing common wall and containing separate storage spaces of varying sizes that are leased or rented as individual units. Storage units may or may not be climate controlled.
   SEMI PUBLIC USE. The use of land by private nonprofit organizations to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
   SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, acceptability to flooding, or occurrence of flora or fauna in need of special protection.
   SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of bluff, road, highway, property line, or other facility. Three feet of roof overhang, stoops not exceeding 30 square feet, and steps from stoop to ground not over four feet wide may protrude into the SETBACK.
   SETBACK, INTERIOR LOT. In a planned unit development, the closest horizontal distance between the lot line and the foundation or wall of a structure when the lot line is not the exterior boundary of the development. Three feet of roof overhang, stoops not exceeding 30 square feet, and steps from stoop to ground not over four feet wide may protrude into the setback.
   SETBACK, SIDE, EXTERIOR. The closest horizontal distance between the exterior boundary side lot line and the foundation or wall of a structure. This setback takes precedence over setback, interior lot, where any conflict exists. Three feet of roof overhang, stoops not exceeding 30 square feet, and steps from stoop to ground not over four feet wide may protrude into the setback.
   SETBACK, ROAD. The closest horizontal distance between the road right-of-way line and the foundation or wall of a structure. Three feet of roof overhang, stoops not exceeding 30 square feet, and steps from stoop to ground not over four feet wide may protrude into the setback.
   SETBACK, WATERFRONT. The closest horizontal distance between the ordinary high water mark and the foundation or wall or edge of a structure. Three feet of roof overhang, stoops not exceeding 30 square feet, and steps from stoop to ground not over four feet wide may protrude into the setback.
   SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Minn. Rules Chapter 7080, as amended from time to time.
   SEWER SYSTEM. Pipe lines or conduits, pumping stations, and forcemain, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste, or other waste, to a point of ultimate disposal.
   SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the normal structure setback.
   SHORELAND. Land located within the following distances from public water: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the water for lesser distances and when approved by the DNR Commissioner.
   SHORELINE PROPERTY. A lot directly abutting a public water, generally located in the first lot tier adjoining the public water.
   SIGNS. A name, identification, description, display, illustration, advertisement, or device which is displayed for the purpose of attracting attention to a person, product, place, activity, institution, or business.
   SIGNS, AREA IDENTIFICATION. A sign located at the entrance or entrances of the area that is used to identify a common area containing a group of structures on a minimum of five acres, such as a residential subdivision, where there exists an association that provides for the maintenance of the sign or structures.
   SIGNS, DIRECTORY. A sign erected at an intersection that lists the residences or businesses that reside along the intersecting roadway.
   SIGNS, OFFSITE. Any sign not located on the contiguously owned property with the use which is advertised.
   SIGNS, ONSITE. Any sign located on the contiguously owned property with the use which is advertised.
   SIGNS, PORTABLE. A sign that is intrinsically designed to be moved or a sign that is not permanently affixed to the ground or a building.
   SIGNIFICANT HISTORICAL SITE. Any archeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historical Places, or is listed in the State Register of Historical Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as amended from time to time. A HISTORICAL SITE meets this criteria if it is presently listed on either Register or if it is determined to meet the qualifications for listing after review by the State Archeologist or the Director of the State Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORICAL SITES.
   SKETCH PLAN. A plan drawn to scale used for planning and discussion purposes only.
   SOLAR ENERGY SYSTEM, GROUND-MOUNTED. A solar energy system that is installed onto the ground directly or by means of brackets or poles.
   SOLAR ENERGY SYSTEM, ROOF-MOUNTED. A solar energy system mounted to the roof of a dwelling or other building.
   SPECIFIED ANATOMICAL AREAS (ADULT USE). Include any less than completely and opaquely covered human genitals, pubic region, or pubic hair, buttocks, and female breast below a point immediately above the top of the areola; and human male genitals in a discernible turgid state, even if opaquely covered.
   SPECIFIED SEXUAL ACTIVITIES (ADULT USE). Any of the following conditions:
      (1)   An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal;
      (2)   Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed;
      (3)   Masturbation or lewd exhibitions of the genitals, including any explicit, close-up presentation of a human genital organ, clothed or unclothed; and
      (4)   Physical contact or simulated physical contact with the clothed or unclothed pubic area or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
   SSTS. Subsurface sewage treatment system.
   STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness due to the site’s soil characteristics as mapped and described in available County Soils Surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of these regulations. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12% as measured over horizontal distances of 50 feet or more, but which are not bluffs.
   STOOP. An entry platform into a structure.
   STORAGE BUILDINGS, COMMERCIAL. A structure used for the storage of buildings, equipment, or materials that is not intended for human habitation and available on a rental or lease basis.
   STREET. A public right-of-way that provides primary vehicular access to abutting property and shall include avenue, road, or highway. STREET CLASSIFICATIONS are defined in the Comprehensive Plan unless defined in a roadway classification plan or other similar road-specific plan.
   STREET, ARTERIAL. A street that has the primary function of rapidly moving traffic to or through the city. May provide access to abutting land. ARTERIAL STREETS are, in general, county or state highways that begin and terminate outside of the city limits or connect to other ARTERIAL STREETS within the city.
   STREET, COLLECTOR. A street that has the primary function of receiving and distributing traffic to and from local streets and providing distribution of traffic within. May provide access to abutting lots. In general, COLLECTOR STREETS begin and terminate at arterial streets or other COLLECTOR STREETS.
   STREET, LOCAL. A street, the function of which is to provide localized access to individual parcels. Does not normally carry through traffic. Traffic volumes and traffic speeds are expected to be low.
   STRUCTURE. Any building, appurtenance, including decks or other facility constructed, placed, or erected by man except aerial or underground utility lines such as sewer, electric, telephone, telegraph, gas lines and except walks or steps on grade not more than four feet wide outside of the shore impact zone, stoops not exceeding 30 square feet, temporary furniture, planter, or decorative material and retaining walls consisting of wood or decorative block.
   SUBDIVIDER. The owner, agent, person, corporation, partnership, or legal entity proposing to subdivide property under his or her control.
   SUBDIVISION. The division of real estate into two or more parcels for the purpose of sale, rent, or lease, including planned unit development.
   SUBDIVISION BY PLAT. The subdivision into two or more parcels of any size by the authority of M.S. Chapter 505, as it may be amended from time to time, with documents prepared by a registered land surveyor and duly approved by the Planning Commission and Council.
   SUBDIVISION BY CONDOMINIUM PLAN. The subdivision of a building or the subdivision of real estate into two or more spaces or parcels of any size by the authority of M.S. Chapter 515A, as it may be amended from time to time, with documents prepared by a registered land surveyor and duly approved by the Planning Commission and Council.
   SUBDIVISION BY METES AND BOUNDS. Any division of real estate resulting in two or more parcels which are not platted, but divided by description prepared and signed by a registered land surveyor.
   SUBSTANDARD LOT. A lot that is non-conforming.
   SUBSTANDARD USE. A use that does not conform to this chapter.
   SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial purposes where access to and use of a surface water feature is an integral part of the normal operation of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.
   TAPROOM. A room that is ancillary to the production of malt liquor at a brewery where the public can purchase and/or consume only the malt liquor produced onsite. A TAPROOM may also sell malt liquor for off-sale consumption in growler containers.
   TEMPORARY. A use or structure that lasts longer than three days and is discontinued within 14 days. Any use or structure existing longer than 14 days, except where specifically provided for in this chapter, shall be considered permanent unless a specific date of discontinuation, agreeable to the Planning and Zoning Administrator to be reviewed by the Planning Commission, has been submitted, in writing, to the city.
   TEMPORARY STRUCTURE. A structure of a temporary character, including, but not limited to, house boats, fish houses, recreational vehicles, and tents.
   TOE OF BLUFF. The lower point of a 50-foot segment with an average slope exceeding 18%.
   TOP OF THE BLUFF. The higher point of a 50-foot segment with an average slope exceeding 18%.
   TOWER. A structure situated on a site that is intended for transmitting or receiving television, radio, telephone, cellular, or wireless communications, or the vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.
   TOWER HEIGHT. Determined by measuring the vertical distance from the point of contact with the ground to the highest point of the tower, including all antennas or other attachments.
   TOWNHOUSE DWELLING. A type of multi-family housing consisting of dwelling units attached by common party walls. Ownership may be defined by plat or condominium plan.
   TRAVEL TRAILER. Refer to RECREATIONAL VEHICLE.
   TREE. A woody plant four inches or more in diameter or eight feet or more in height.
   VARIANCE. A legally permitted deviation from the provisions of this chapter as deemed necessary by the Board of Adjustment after a property owner proposed to use a property in a reasonable manner not permitted by an official control.
   VEGETATION REMOVAL, CLEAR CUTTING. The removal of more than 75% and up to 100% of a stand of trees and brush over ten feet in height on a lot or parcel of land up to 40 acres.
   VEGETATION REMOVAL, INTENSIVE. The complete removal of trees or shrubs in a continuous path, strip row, or block, excluding that clearing needed for the construction of roads, driveways, walkways, or permitted stairways, lifts, or landings.
   VIEW TO THE LAKE. View to be construed to be the line of sight from the center of a riparian property at the lake setback to the lakeward concerns of that property.
   WALKWAY. A parcel of property dedicated to the public for non-vehicular access purposes.
   WAREHOUSING. The principal use is the storage of materials or equipment within an enclosed building.
   WAREHOUSING, COMMERCIAL. The rental or sale of warehousing space.
   WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small above-ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, is located closer to public waters than the normal structure setback. Examples of such structures and facilities include boat houses, gazebos, screen houses, fish cleaning houses, and detached decks.
   WETLAND. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is covered by shallow water. For the purposes of this definition, WETLANDS must have the following three attributes:
      (1)   Have a predominance of hydric soils;
      (2)   Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
      (3)   Under normal circumstances, support a prevalence of such vegetation.
   WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of wind into electrical energy.
   YARD. A required green space occupied and unobstructed by a structure or portion of a structure, provided that fences, signs, utility poles, lawn lights, antennas, and related minor equipment may be permitted in any YARD, provided that they do not create a safety hazard or constitute a nuisance.
   ZONING ADMINISTRATOR. The duly appointed person responsible for the enforcement and administration of this chapter.
   ZONING DISTRICT. An area of the city defined on the zoning map, having uniform zoning provisions.
   ZONING DISTRICT OVERLAY. A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district regulations.
   ZONING MAP. The map of the city, amended from time to time, which defines the boundaries of the zoning districts.
   ZONING PERMIT. A permit issued by the Zoning Administrator to allow the construction of a structure or to allow a land use when the provisions of this chapter have been met, when approval of any conditional use permits or variances have been granted, and when the fees are paid. A ZONING PERMIT may have administrative conditions specific to the subject site when called for by this chapter.
(Ord. passed 4-10-2017; Ord. O-21-21, passed 5-10-2021; Ord. O-22-22, passed 10-11-2022; Ord. O-20-20, passed - -2020; Ord. O-24-36, passed 12-9-2024)

§ 150.006 APPLICATION.

   (A)   The provisions of this chapter shall be held to be the minimum requirements for the maintaining of the public health, safety, and welfare.
   (B)   Where the provisions of this chapter are either more restrictive or less restrictive then applicable provision of other laws, ordinances, statutes, resolutions, covenants, or regulations of any kind, the more restrictive condition, standard, or requirement shall prevail, except as authorized by the more restrictive agency.
   (C)   Except as this chapter specifically provides, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this chapter.
   (D)   Any existing structure or use of property subject to conditions of approval for a variance, conditional use permit, or other land use application must have a land use certificate of compliance issued within 12 months of the approval. The land use certificate of compliance, when issued, shall state that the building or use appears to be in compliance with the conditions of approval.
   (E)   Ambiguities in this chapter shall be resolved by interpretation of the Planning and Zoning Administrator. If an applicant wishes to appeal the interpretation of the Administrator, an appeal can be made through a hearing of the Planning Commission.
(Ord. passed 4-10-2017)

§ 150.007 ENVIRONMENTAL DOCUMENTS AND CONCURRENT PERMITS.

   (A)   It shall be the property owner’s responsibility to secure necessary concurrent permits such as Pollution Control Agency, State Waste Disposal permits; Health Department permits; DNR planned unit development permits; Corps of Engineers permits, DNR public water permits, and DNR water appropriation permits. Approval by the city does not imply approval by other agencies.
   (B)   The city will prepare an environmental assessment worksheet (EAW) where a proposed project exceeds the limits defined in the Environmental Quality Council’s Rules and Regulations for Environmental Review Program, or as requested by the Planning Commission or petitioned by the public.
   (C)   The administration of an EAW or EIS shall be in accordance with the rules and regulations of the State Environmental Quality Board. The Zoning Administrator shall be responsible to the City Council and have the authority to administer the environmental document. The Planning Commission shall review each document and make recommendations to the City Council, whose decision shall be final.
(Ord. passed 4-10-2017)

§ 150.008 USE OF PRE-EXISTING LOTS.

   (A)   A non-conforming lot that was either of record in the office of the County Recorder prior to March 10, 2003, or was of record on or after March 10, 2003, but before the effective date of this chapter, and complied with city standards in effect at the time it was recorded in the office of the County Recorder, shall remain a legal non-conforming lot and shall be allowed as a residential building site without a variance, provided that:
      (1)   All structure and septic system setbacks can be met;
      (2)   A Type One sewage treatment system consistent with Minn. Rules Chapter 7080, as amended from time to time, and § 150.261 can be installed or the lot is connected to a public sewer; and
      (3)   The impervious surface coverage does not exceed that which is allowed in §§ 150.025 through 150.038.
   (B)   If, in a group of two or more contiguous lots under the same ownership in the Shoreland District that were of record in the office of the County Recorder prior to March 10, 2003, any individual lot does not meet the requirements of this chapter for lot size or lot width, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this chapter.
   (C)   Pursuant to M.S. § 462.357, Subd. 1e, as amended from time to time, contiguous lots under the same ownership are exempt from this section and may be considered as separate parcels for the purposes of sale, transfer, or development if each individual lot meets all of the following requirements:
      (1)   The lot meets at least 66% of the dimensional standards for lot width and lot size for the land use district within which it lies;
      (2)   The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type One subsurface sewage treatment system meeting the standards contained in § 150.261;
      (3)   Impervious surface coverage does not exceed that which is allowed in §§ 150.025 through 150.038; and
      (4)   Development of the lot is consistent with the City Comprehensive Land Use Plan.
   (D)   Contiguous lots under the same ownership are exempt from this section and may be considered as separate parcels for the purposes of sale, transfer, or development if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are served by a public sewer, if available, or must be suitable for the installation of a subsurface sewage treatment system meeting the standards contained in § 150.261.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.009 NON-CONFORMING STRUCTURES AND USES.

   Any structure or use legally existing upon the effective date of the adoption of this chapter and which does not conform to the provisions of this chapter may be continued subject to the following.
   (A)   No such structure or use shall be expanded, enlarged, or intensified, except in conformity with the provisions of this chapter and division (B) below, with consideration for variances thereto and consideration given for previously approved planned unit developments.
   (B)   A one-time addition to a non-conforming principal structure shall be permitted subject to the following.
      (1)   The non-conformity is due solely to setbacks.
      (2)   The addition is not within the shore impact zone.
      (3)   The addition will not encroach further into any setback.
      (4)   The size of the addition shall not exceed 50% of the size of the structure it is being added to.
      (5)   The total footprint of the structure, once the addition is completed, shall not exceed 2,500 square feet, including decks, porches, patios, and other projections.
      (6)   For reasons of structural integrity, a basement may be allowed under the addition only where a basement exists in the original structure.
      (7)   Additional screening is provided to screen the addition as viewed from adjacent properties, public roads, and the surface water.
      (8)   A stormwater management plan is implemented that directs stormwater away from adjacent properties and surface waters.
      (9)   The height of the addition shall not exceed the height of the existing structure.
      (10)   Beyond minor alterations needed to accommodate the addition, no structural modifications shall be made to the original structure.
      (11)   No permits shall be granted under this provision for homes constructed after January 1, 2007, or where a previous variance has been approved.
      (12)   All other provisions of this chapter must be complied with.
   (C)   If a non-conforming structure is damaged, by any cause, to an extent where the repair costs exceed 50% of its assessed value immediately prior to damage, the structure may be replaced with a structure of exact dimensions, provided a permit is applied for within 180 days of when the property was damaged. Where no land use permit has been applied for within 180 days of when the property was damaged, then the structure or its replacement shall thereafter conform to this chapter.
   (D)   Any non-conformity, including the lawful use or occupation of land or premises existing at the time of the adoption of this code, may be continued, including through repair, replacement, restoration, maintenance, or improvement, so long as the structure or use is not expanded. An expanded replacement of a non-conforming structure may only be allowed if the replacement lessens the non-conformity. Replacement of a non-conforming structure will not be allowed where the non-conformity or occupancy has been discontinued for a period of one year or more. Any structural repairs or replacement of non-conforming structures shall require a land use permit.
   (E)   A lawful, non-conforming use may be changed to lessen the non-conformity of use. Once a non-conforming use has been changed, it shall not thereafter be altered to increase the non-conformity.
   (F)   In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment, and water supply capabilities, and other conservation-designed actions.
   (G)   Sewage treatment systems shall be upgraded to a conforming status in conformance with the following schedule:
      (1)   Upon availability of a community sewer system to the property, connection to that system shall be made, regardless of the conformance or non-conformance of the individual system;
      (2)   Upon issuance of any permit or variance for any improvement on, or use of, the property;
      (3)   Upon determination that leakage to the surface or lake or into an adjacent well is occurring, or determination that the system is discharging into the ground at an elevation less than three feet above the highest known watertable;
      (4)   Upon determination by the Zoning Administrator that a system is inadequate for a change in occupation or use in the structure; and
      (5)   Upon notice by the Zoning Administrator that the city’s records indicate the system is non-conforming.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.010 BUILDING STANDARDS.

   (A)   All structures and appurtenances shall be constructed in accordance with the general standards of the building industry. The city does not examine plans nor assume liability for the structural stability or quality of any structures.
   (B)   All dwelling units shall be a minimum of 20 feet wide and shall be placed on a foundation.
   (C)   Any new structure constructed or placed after the date of this chapter and not on a permanent foundation shall be considered a temporary structure.
   (D)   New manufactured homes and mobile homes shall be installed by a licensed installer and a copy of the installation compliance certificate shall be submitted to the city prior to occupancy of the dwelling.
   (E)   For dwellings to be moved onto a property, excluding manufactured homes that have never been occupied, the following shall be applicable.
      (1)   Prior to permit issuance, the property owner shall provide documentation of a certified home inspection, including the following, at a minimum:
         (a)   Certification that the electrical wiring meets State Codes;
         (b)   Certification that the plumbing meets State Codes;
         (c)   An evaluation of foundation adaptability and condition;
         (d)   An evaluation of roof condition;
         (e)   An evaluation of structural integrity; and
         (f)   Certification that all doors, windows, and siding are in acceptable condition. Buildings should be finished in aesthetically acceptable tones and colors and complement the tones and colors of all other buildings on the property.
      (2)   The dwelling, once in place, must meet all municipal ordinances, with consideration given for approved variances.
   (F)   Individual sewage treatment systems shall conform to State Pollution Control Agency Standards, Minn. Rules Chapters 7080 through 7083.
   (G)   Any private supply of water for domestic purposes must meet or exceed standards for water quality of the State Department of Health and the MPCA.
   (H)   Plumbing and electrical facilities installed after the date of this chapter in all structures shall conform to the State Plumbing Code and State Electrical Code, respectively.
(Ord. passed 4-10-2017; Ord. O-23-27, passed 8-14-2023) Penalty, see § 150.999

§ 150.011 OTHER STANDARDS.

   The provisions of this chapter do not take precedent over other federal, state, or local laws that may be more restrictive. In the case of a more restrictive standard applied by a governing body that has land use authority within the city, the non-local standard would apply, unless authorization from the more restrictive governing agency has been received. In the case where this chapter is the most restrictive standard, the provisions of this chapter shall apply.
(Ord. passed 4-10-2017)

§ 150.012 SUPREMACY.

   When any condition implied by this chapter on the use of land or buildings is more restrictive or less restrictive than applicable conditions imposed by statute, rules, and regulations, other city ordinance or regulation, or other jurisdiction, the more restrictive shall apply. This chapter does not abrogate any easements, restriction, or covenants imposed on the land by private declaration or agreement, but where such provisions are less restrictive than an applicable of this chapter, this chapter shall prevail.
(Ord. passed 4-10-2017)

§ 150.013 AMENDMENTS.

   (A)   Generally. The City Council may adopt amendments by four-fifths vote to either the Zoning Ordinance, zoning map, or overlay maps in relation to the land uses within a district or the boundaries of the district(s). Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals of the community or changes in the conditions of the city.
   (B)   Procedure.
      (1)   An amendment may be initiated by the Planning Commission or by any property owner.
      (2)   The Zoning Administrator shall review the proposed changes and make a recommendation to the Planning Commission.
      (3)   The Planning Commission shall make a reasonable attempt to cause all property owners within a minimum of 350 feet of proposed zoning district change to be notified by regular mail and shall publish a hearing notice for either a zoning district change or zoning ordinance change in the legal section of the official newspaper and shall provide notice to the DNR at least ten days ahead of the public hearing. The Planning Commission shall hold the hearing and make a timely recommendation to the City Council. Adoption of a new zoning map shall requite published notice only. The Planning Commission shall consider the criteria for land use categories, § 150.025(G), in its decision.
      (4)   The City Council shall review the recommendations and shall make a timely decision. An amendment requires a four-fifths vote to be enacted.
      (5)   The City Clerk-Treasurer shall publish a summary of the text of the change or description of boundary change or a new zoning map, whichever is appropriate, in the official newspaper within 30 days after action by the Council.
(Ord. passed 4-10-2017)

§ 150.025 GENERAL PROVISIONS.

   (A)   The city is hereby divided into zoning districts, as shown on the official zoning district map, which may be subsequently amended by the procedures of § 150.013.
   (B)   The boundaries are generally on the center of the streets, on lot lines, on shorelines, on the center of streams or rivers, and following the contour of the land.
   (C)   The following districts are hereby established:
Agricultural
A
Central Business
C-1
Floodplain Overlay
FP
Highway Business
C-2
Light Industrial
I-1
Public
P
Residential Storage
RS
Rural Residential
RR
Single Family Residential
R-1
Shoreland Overlay
SO
Urban Residential
R-2
 
   (D)   The jurisdiction of this chapter shall include all land within the municipal boundaries of the city.
   (E)   The following provisions apply to all zoning districts.
      (1)   Except where specifically stated, all accessory structures or uses require the prior establishment of a principal structure.
      (2)   Unless specifically allowed, no more than four leases per year, per dwelling, are allowed.
   (F)   Criteria for land use categories:
      (1)   Preservation of natural sensitive areas;
      (2)   Present ownership and development;
      (3)   Shoreland soil types and their engineering capabilities;
      (4)   Topographic characteristics;
      (5)   Vegetative cover;
      (6)   In-water physical characteristics;
      (7)   Recreational use of surface water;
      (8)   Road and service center accessibility;
      (9)   Socio-economic development needs of the public;
      (10)   Availability of public sewer and water utilities;
      (11)   The necessity to reserve and restore certain areas having significant historical or ecological value;
      (12)   Conflicts between land uses and Impacts of commercial uses or higher densities on adjacent properties;
      (13)   Alternatives available for desired land use;
      (14)   Prevention of spot zoning;
      (15)   Conformance to the City Comprehensive Plan; and
      (16)   Conformance to the city’s future land use map and any other official maps of the city.
   (G)   Regardless of existence of purported copies of the official zoning map, which may from time to time be made or published, the official zoning map, which shall be located in the office of the City Clerk-Treasurer, shall be the final authority as the current zoning status of land and water areas, buildings, and other structures in the city.
      (1)   The location and boundaries of the districts established by this chapter are set forth on the official zoning map. District boundary lines as indicated on the zoning map follow lot lines, property lines, right-of-way or center lines of streets or alleys, right-of-way center lines of streets or alleys projected, the city limit lines, shorelines, all as they exist upon the effective date of this chapter. If said boundary lines do not follow any of the above, the district boundary lines are established as drawn on the zoning map.
      (2)   Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
      (3)   Appeals concerning the exact location of a zoning district boundary line shall be heard by the Board of Adjustment.
(Ord. passed 4-10-2017)

§ 150.026 AGRICULTURAL DISTRICT (AG).

   (A)   Purpose and intent. This district is intended to preserve areas for low intensity use such as forestry, pasture, and cropland, low density residential development, and outdoor recreation, and to serve as a holding zone for future higher intensity uses when infrastructure is made available.
   (B)   Lot, use, and density requirements.
One-Family
Other Uses
One-Family
Other Uses
Building height maximum
30 feet
30 feet*
Front yard minimum
50 feet
50 feet
Lot area minimum
10 acres
10 acres
Lot width minimum feet
150 feet
500 feet
Maximum lot coverage
10%
5%
Rear yard minimum
30 feet
30 feet
Side yard minimum
30 feet
30 feet
Note to table:
*   Silos, barns, and other agricultural buildings shall be exempt from the height requirements as long as they do not conflict with other area requirements.
 
   (C)   Performance standards. 
      (1)   The following performance standards apply to all development in this zone:
      (2)   Animals. There are no animal unit restrictions on agricultural-zoned parcels.
(Ord. passed 4-10-2017; Ord. O-24-37, passed 12-9-2024)

§ 150.027 RURAL DISTRICT (RR).

   (A)   Purpose and intent. The (RR) Rural Residential District is intended to be semi-rural in character and to allow low density residential and compatible agricultural uses in shore land and non- shore land areas. Other compatible uses may be allowed under conditional use permits. Front yards shall be landscaped, and no off-street parking shall be permitted, except as would be characteristic and in harmony with the purposes of an RR District.
   (B)   Lot, use, and density requirements.
Single Family Dwelling
Duplex
Triplex
Four Plex
Single Family Dwelling
Duplex
Triplex
Four Plex
Front/side yard minimum setback to right-of-way
30 feet
30 feet
30 feet
30 feet
Lot area minimum square foot
2 acres
3 acres
4 acres
5 acres
Lot width minimum foot
150 feet
225 feet
300 feet
375 feet
Maximum building height*
35 feet
35 feet
35 feet
35 feet
Maximum lot coverage
20%
20%
20%
20%
Minimum width of structures**
20 feet
20 feet
20 feet
20 feet
Rear yard minimum setback
30 feet
30 feet
30 feet
30 feet
Side yard minimum setback
20 feet
20 feet
20 feet
20 feet
Notes to table:
*   Church spires, belfries, domes which do not contain usable space, chimneys, and similar structures not intended for human occupancy, may be of a height which does not conflict with airport requirements.
**   Manufactured homes located in a manufactured home park are excluded.
 
   (C)   Performance standards. 
      (1)   The following performance standards apply to all development in this zone:
      (2)   Animals. Livestock only allowed in Rural Residential (RR) district on parcels of ten acres
or more. On RR parcels greater than ten acres, there are no animal unit restrictions. On RR-zoned parcels less than ten acres but more than one, small livestock is allowed as shown:
 
Acre(s)
Animal Units
1 acre
1.0
2 acres
2.0
2.5 acres
2.5
3 acres
3.0
Note to table:
Minimum of 1 acre is required to allow 1.0 animal unit equivalent to be kept. For each additional whole acre over 3 acres, 1.0 additional animal unit equivalent is permitted. Partial acres on parcels greater than 3 acres do not increase the available animal unit equivalents.
 
(Ord. passed 4-10-2017; Ord. O-24-37, passed 12-9-2024)

§ 150.028 SINGLE FAMILY RESIDENTIAL (R-1).

   (A)   Purpose and intent. The (R-1) Single Family District is intended for low to moderate density residential development in those areas where such development fits the Comprehensive Plan and policies. No off-street parking shall be permitted, except as would be characteristic and in harmony with the purposes of an R-1 District.
   (B)   Lot, use, and density requirements.
Buildable lot area - square feet, minimum
20,000
Lot width - feet, minimum
100
Maximum building height - feet
35*
Maximum impervious coverage
30%
Setback, corner side, right-of-way - feet, minimum
15
Setback, front, right-of-way - feet, minimum
30
Setback, rear yard/alley - feet, minimum
20
Setback, side - feet, minimum
10
Setback, sign - feet, minimum
1
Setback, wetland - feet, minimum
15
Note to table:
*   Church spires, belfries, domes which do not contain usable space, chimneys, and similar structures not intended from human occupancy, may be of any height which does not conflict with airport requirements.
 
   (C)   Performance standards. The following performance standards apply to all development in this zone.
      (1)   Animals. Livestock not allowed in Single Family Residential (R-1) District. On R-1-zoned parcels more than one acre, small livestock is allowed as shown:
 
Acre(s)
Animal Units
1 acre
1.0
2 acres
2.0
2.5 acres
2.5
3 acres
3.0
Notes to table:
Minimum of 1 acre is required to allow 1.0 animal unit equivalent to be kept. For each additional whole acre over 3 acres, 1.0 additional animal unit equivalent is permitted. Partial acres on parcels greater than 3 acres do not increase the available animal unit equivalents.
Small livestock allowed in Single Family Residential (R-1) only on parcels of one acre or more. Please refer to the definition of ANIMAL UNIT in § 150.005 for all other animals.
 
      (2)   Fences. Fences not exceeding 96 inches in height may be constructed. Under no circumstances shall a fence be constructed closer than ten feet from the surface of a public road. Materials shall consist of usual fencing materials with posts and fence of metal, wood, concrete, brick, or smooth wire. Barbed or electrified wire is not to be used where frequent human contact is anticipated.
      (3)   Connection to municipal utilities. Where municipal utilities are provided or reasonably close, in the opinion of the City Engineer, the property shall be connected to the municipal system. All other properties shall be designed and constructed so as to facilitate future connection to the municipal utility systems.
      (4)   Weeds and grass.
         (a)   It is unlawful for any owner, occupant, or agenda of any lot or parcel of land in the R-1 Zone to allow any weeds or grass growing upon any such lot or parcel of land to grow to a height greater than eight inches, or to allow such weeds or grass to go to seed. All noxious weeds shall be prohibited. WEEDS shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs, provided, however, this term shall not include cultivated flowers and gardens. Upon notification of violation, the owner has seven days in which to comply.
         (b)   Upon failure of the owner or agent having charge of a property to cut and destroy weeds or grass after service of a notice of violation, the owner shall be subject to prosecution or penalty in accordance with § 150.999. Upon failure to comply with the notice of violation, any duly authorized employee of the city or contractor hired by the city shall be authorized to enter upon the property in violation, in accordance with § 10.20, and cut and destroy the weeds or grass growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
         (c)   A landowner wishing to maintain property in a natural state may be exempted from the requirements of this section by submittal of a natural landscape plan and by following the provisions and conditions set forth for said plan.
(Ord. passed 4-10-2017; Ord. O-23-28, passed 8-14-2023; Ord. O-24-37, passed 12-9-2024) Penalty, see §  150.999

§ 150.029 URBAN RESIDENTIAL (R-2).

   (A)   Purpose and intent. The (R-2) Urban Residential District is intended for higher density residential development, including single family homes, apartments, townhouses, and other buildings for two or more dwelling units in those areas where such development fits the Comprehensive Plan, where properly related to other land uses and thoroughfares, and where adequate municipal utilities are available. No off-street parking shall be permitted, except as would be characteristic and in harmony with the purposes of an R-2 District.
   (B)   Lot, use, and density requirements.
Buildable lot area - square feet, minimum
10,000
Lot width - feet, minimum
100
Maximum building height - feet
35
Maximum impervious coverage
30%
Setback, corner side, right-of-way - feet, minimum
15
Setback, front, right-of-way - feet, minimum
25
Setback, rear yard/alley - feet, minimum
20
Setback, side - feet, minimum
10
Setback, sign - feet, minimum
1
Setback, wetland - feet, minimum
15
 
   (C)   Performance standards. The following performance standards apply to all development in this zone.
      (1)   Animals. Livestock and small livestock not allowed in Urban Residential (R-2) District. Please refer to the definition of ANIMAL UNIT in § 150.005 for all other animals.
      (2)   Fences. Fences not exceeding 96 inches in height may be constructed. Under no circumstances shall a fence be constructed closer than ten feet from the surface of a public road. Materials shall consist of usual fencing materials with posts and fence of metal, wood, concrete, brick, or smooth wire. Barbed or electrified wire is not to be used where frequent human contact is anticipated.
      (3)   Sidewalks. Properties shall accommodate the safe and comfortable sidewalks, paths, and resting areas for pedestrians. Sidewalks and paths shall connect the development to adjacent land uses and provide connections through the development to the public street right-of-way.
      (4)   Impervious coverage. Impervious coverage may be increased by 25% through a conditional use permit if the following is provided:
         (a)   A stormwater retention plan showing containment of the 50-year, 24-hour storm event on the parcel; and
         (b)   Direct runoff of stormwater to adjacent water bodies, including wetlands and adjacent parcels, shall be eliminated through the use of berms or other permanent means.
(Ord. passed 4-10-2017; Ord. O-23-29, passed 8-14-2023; Ord. O-24-37, passed 12-9-2024) Penalty, see §  150.999

§ 150.030 RESIDENTIAL STORAGE DISTRICT (RS).

   (A)   Purpose and intent. This district is intended for storage buildings housing residential storage. It is intended to be compatible with the surrounding residential districts, and commercial storage is not allowed.
   (B)   Lot, use, and density requirements.
Storage Lot
Storage Lot
Front yard minimum
20 feet
Landscaping
Landscaping is required in front yards and at least 50% of the perimeter of the building at least 4 feet in width from the building
Lot area minimum square foot
12,000 square feet
Lot width minimum foot
100 feet (at building line)
Maximum building height
35 feet
Maximum lot coverage (impervious surface)
40%
Rear yard minimum/alley
20 feet
Side yard minimum
20 feet
Street side yard minimum
20 feet
 
(Ord. passed 4-10-2017)

§ 150.031 PUBLIC DISTRICT (P).

   (A)   Purpose and intent. The Public Use District includes land which is currently in the public domain and which is the location of actual or planned facilities intended to serve the public; to permit orderly and economic development of public service utilities and schools within such a Public Use District.
   (B)   Lot, use, and density requirements.
 
Buffer required
Where a Public Zone District is located adjacent to another district in which the principal permitted use is clearly in conflict with or may be negatively affected by a permitted use in the Public Zone District, the Planning Commission may require buffer strips or other landscaping and related measures as may be necessary to protect the public interest and/or to comply with the spirit and intent of this chapter.
Landscaping
Landscaping shall extend around the perimeter of the public building in an area no less than 4 feet in width. Front yards shall be landscaped to the building or structure.
Maximum lot coverage (impervious surface)
65%
Minimum lot size and requirements
Front yards, side yards, rear yards, setbacks, and maximum height - All proposed developments, whether new or expansions of existing uses, shall be reviewed and approved by the Planning and Zoning Commission on matters related to lot sizes, setbacks, side yards, and the like.
 
(Ord. passed 4-10-2017)

§ 150.032 CENTRAL BUSINESS DISTRICT (C-1).

   (A)   Purpose and intent.
      (1)   This district is intended for retail stores, professional offices, financial institutions, and general offices which are mutually compatible and can benefit from and contribute to a compact shopping area serving the city and the surrounding area. It is also intended to be a setting conducive to and safe for a high level of pedestrian traffic.
      (2)   Off-street parking is generally not required for businesses located in pedestrian-oriented areas, however, if the property abuts Hwy. 371, parking shall be required.
      (3)   Businesses requiring a conditional use permit will also be required to provide off-street parking.
   (B)   Lot, use, and density.
Front yard minimum
0 feet*
Landscaping
Landscaping shall be provided in areas not covered by buildings, sidewalks, or parking areas on at least 25% of the developed land area
Lot area minimum
20,000 square feet plus required space for off-street parking and loading where applicable (see § 150.108)
Lot width minimum feet
25 feet
Maximum building height
45 feet
Maximum lot coverage (impervious surface)
50%
Rear yard minimum/alley
0 feet***
Side yard minimum
0 feet**
Note to table:
*   In the C-1 District, awnings, marquees, canopies, balconies, deck and roof extensions shall be allowed to extend beyond the 0’ front setback, over the sidewalk (public right-of-way) upon meeting the requirements of this section (see §§ 150.050 through 150.055; 150.074; 151.01 through 151.21)
**   Where a Commercial District property abuts a Residential District, there shall be a side yard setback of 20 feet
***   Where a Commercial District property abuts a Residential District, there shall be a rear yard setback of 20 feet
 
(Ord. passed 4-10-2017)

§ 150.033 HIGHWAY BUSINESS DISTRICT.

   (A)   Purpose and intent. This district is intended to accommodate professional offices and larger scale businesses that provide goods and services to the general public. The businesses in this district can benefit from access and visibility from the TH 371 corridor. Adequate vehicle parking and access must be provided on the property. Site planning, design, landscaping, and design standards are important to project the image and character of an attractive and distinctive corridor into the city.
   (B)   Compatibility. The Highway Business Zone should be established as a transition zone between the Central Business District or the Light Industrial Zone and the surrounding residential zones. The zone may not be established in an area where it is completely surrounded by residential zones.
   (C)   Lot, use, and density requirements.
Front yard minimum
30 feet
Landscaping
Landscaping is required in the front and side yards at least 25 feet in width and on a minimum of 25% of the developed lot
Lot area minimum
One acre
Lot width minimum feet
100 feet
Maximum building height
45 feet
Maximum lot coverage (impervious surface)
40%
Rear yard minimum/alley
20 feet**
Side yard minimum
20 feet*
Notes to table:
*   Where a Commercial District property abuts a Residential District, there shall be a side yard setback of 30 feet
**   Where a Commercial District property abuts a Residential District, there shall be a rear yard setback of 30 feet
 
   (D)   Performance standards. The following performance standards apply to all development in this zone.
      (1)   Impervious coverage. Impervious coverage may be increased by up to 25%, not to exceed 50% of the property, through a conditional use permit if the following is provided and approved by the city:
         (a)   A stormwater retention plan showing containment of the ten-year, 24-hour storm event on the parcel; and
         (b)   Direct runoff of stormwater to adjacent properties and wetlands shall be eliminated through the use of berms, infiltration ponds, swales, filtration strips, or other permanent means.
      (2)   Compatibility of use. Use shall be compatible with the surrounding neighborhood. Uses shall not present noise, odor, light nuisances, or any other nuisances.
      (3)   Parking. Off-street parking shall be provided as per § 150.108. On-street parking may be allowed by the Planning Commission. To reduce the visual impacts and amount of surface parking, shared parking and surface parking shall be located behind or to the side of a building. Additionally, suitable trees and shrubs shall be planted between parking lots and all adjacent sidewalks, roads, lots, and buildings.
      (4)   Pedestrian amenities. Proposed developments shall provide for safe and comfortable sidewalks, paths, and resting areas for pedestrians. Sidewalks and paths shall connect the development to adjacent land uses and provide connections through the development to the public street right-of-way.
      (5)   Fences. Fences not exceeding 96 inches in height may be constructed. Fencing shall only be constructed closer than ten feet from the surface of a public road with the permission of the Planning Commission. Materials shall consist of usual fencing materials with posts and fence of metal, wood, concrete, brick, or smooth wire. Barbed or electrified wire is allowed only with the permission of the Planning Commission.
      (6)   Screening. All sites shall be heavily landscaped to provide 100% screening to adjacent residential parcels and over 50% screening from the road or any non-residential parcel. Percentages shall be determined by amount of structure that can be seen during leaf-on conditions. A landscaping and screening plan must be submitted and approved by the Planning Commission with each conditional use permit.
      (7)   Lighting. Lighting shall be minimal. Lighting shall be downward directional and shall be compatible with the surrounding development.
      (8)   Fire lanes. Fire lanes shall remain unobstructed at all times.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.034 LIGHT INDUSTRIAL DISTRICT (I-1).

   (A)   Purpose and intent. This district is established to provide suitable locations for commercial storage and wholesaling uses, light manufacturing, and related activities which can maintain high standards in appearance and limit external nuisance effects such as noise, odors, smoke, and vibration.
   (B)   Lot, use, and density requirements.
Building height maximum
45 feet****
Front yard minimum
30 feet*
Landscaping
Landscaping is required in front yards and around the perimeter of the building not less than 20 feet in width
Lot area minimum
One acre (43,560 square feet)
Lot width minimum feet
100 feet
Maximum lot coverage (impervious surface)
50%
Rear yard minimum
30 feet***
Side yard minimum
20 feet**
Notes to table:
*   Where the industrial property abuts a residential district, there shall be a front yard of not less than 50 feet.
**   Where the industrial property abuts a residential district, the side yard setback shall be not less than 50 feet and shall contain a solid fence or vegetative screening.
***   Where the industrial property abuts a residential district, the rear yard setback shall be not less than 50 feet and shall contain a solid fence or vegetative screening.
****   Cooling towers, elevator penthouses, domes which do not contain usable space, water towers, and smoke stacks or other similar structures not intended for human occupancy may be of any height which does not conflict with airport regulations.
 
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.035 SHORELAND OVERLAY DISTRICT.

   (A)   Purpose and intent. The regulations contained in this overlay district are intended to guide and govern the wise development of shoreland of public waters, thus preserving and enhancing the quality of surface waters, preserving the economic and natural environmental values of shorelands, and providing for the wise utilization of water and related land resources in the city. This is an overlay district, thus, the standards (including permitted, accessory and conditional uses) of the underlying zoning district also apply, and the stricter of the two standards shall apply.
   (B)   Adoption, administration, and enforcement. The shoreland regulations adopted by the county and found in the County Zoning Ordinance are hereby adopted by reference to be part of the city's Zoning Ordinance. The shoreland regulations on property located within the shoreland in the city are administered and enforced by the City's Designated Wetland Conservation Act Administrator. A permit for any land use must also be approved by the city and meet the City Zoning Ordinance requirements for the underlying zoning district.
(Ord. passed 4-10-2017; Ord. O-24-33, passed 12-9-2024)

§ 150.036 FLOODPLAIN OVERLAY DISTRICT (FP).

   (A)   Purpose and intent. The purpose of this chapter is to maintain the community’s eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding, including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
   (B)   Warning of disclaimer of liability. This chapter does not imply that areas outside of the floodplain district or land uses permitted within such districts will be free from flooding and flood damages. This chapter shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decisions lawfully made thereunder.
   (C)   National Flood Insurance Program compliance. This chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 C.F.R. parts 59 through 78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.
   (D)   Adoption, administration, and enforcement. The floodplain regulations adopted by the county and found in the County Zoning Ordinance are hereby adopted by reference to be part of the city’s Zoning Ordinance. The floodplain regulations on property located in the floodplain within the city, are administered and enforced by the City's Designated Wetland Conservation Act Administrator. A permit for any land use must also be approved by the city and meet the City Zoning Ordinance requirements for the underlying zoning district.
(Ord. passed 4-10-2017; Ord. O-24-33, passed 12-9-2024)

§ 150.037 OVERLAY DISTRICTS AND DISTRICT PROVISIONS.

   (A)   Purpose and intent. To establish and maintain districts that overlay existing zoning districts to better manage significant areas with specific needs, such as encouraging growth in areas with existing public facilities or preserving areas with valued resources and amenities. All sites within an overlay district shall continue to bear their original zoning, but with the provisions of the overlay district appended.
   (B)   Boundaries. The boundaries are established based on district-specific criteria and may not be aligned with roads, lot lines, or other human-made boundaries. The boundaries are designated on overlay maps. Overlay maps are considered part of the official zoning map and are therefore approved and amended following procedures in section.
   (C)   Permits. No subdivision, rezoning, reconstruction, alteration, or addition shall be made to any existing structure, nor shall any additional structure be constructed upon a site in any overlay district, except in accordance with the provisions of the overlay district.
   (D)   Districts. The following overlay districts are hereby established:
   (E)   Supremacy. If a provision of an overlay district conflicts with a provision or provisions of the underlying zoning district, the more restrictive provision shall apply.
(Ord. passed 4-10-2017)

§ 150.038 LAND USE MATRIX.

   (A)   The land use matrix shown in the following table establishes the allowable, permitted, accessory, conditional, interim, and excluded uses within the city.
   (B)   All uses are considered prohibited unless specifically allowed in this code, even if they are not listed specifically under excluded uses.
   (C)   All accessory uses require a permit, unless otherwise indicated.
Use
AG
RR
R-1
R-2
RS
P
C-1
C-2
I-1
Use
AG
RR
R-1
R-2
RS
P
C-1
C-2
I-1
Abandoned building
E
E
E
E
E
E
E
E
E
Abandoned motor vehicle
E
E
E
E
E
E
E
E
E
Accessory structure
P
P
P
P
P
P
P
P
P
Adult use
E
E
E
E
E
E
E
E
C
Agricultural structure
A
E
E
E
E
E
E
E
E
Airport
E
E
E
E
E
E
E
E
E
Animals, domestic
A
A
A
A
E
E
A
A
A
Animals, wild
E
E
E
E
E
E
E
E
E
Animal clinic (veterinary)/kennels
C
E
E
E
E
E
C
P
E
Animal grooming establishment
P
C
C
E
E
E
P
P
P
Antenna
A
C
P
P
A
A
P
A
A
Artist’s studio
P
A
P
P
E
E
P
P
P
Auto salvage yard
C
P
E
E
E
E
E
E
C
Bank/credit union
E
E
E
E
E
E
C
P
E
Banner
P
P
P
P
P
P
P
P
P
Bed and breakfast
E
C
C
C
E
E
E
E
E
Billboards
E
E
E
E
E
E
E
E
E
Boat Access
E
E
E
E
E
E
E
E
E
Boat house
E
E
E
E
E
E
E
E
E
Brewery
E
E
E
E
E
E
A
A
E
Brewery with taproom
E
E
E
E
E
E
A
A
A
Campground
C
E
E
E
E
C
E
C
E
Camping
A/P
A/P
A/P
A/P
E
E
A/P
E
E
Cemetery
C
E
E
E
E
P
E
E
E
Church
C
C
C
C
E
E
C
P
E
Commercial use (other, not classified)
E
E
E
E
E
E
C
C
P
Community park
A
A
A
A
E
A
A
A
A
Controlled access lot
E
E
E
E
E
E
E
E
E
Conservation subdivision
P
P
E
E
P
E
E
E
E
Conservation subdivision, shoreline
E
E
E
E
E
E
E
E
E
Conventional subdivision
C
C
P
P
C
P
P
P
P
Deck
P
P
P
P
E
P
P
P
P
Dock
E
E
E
E
E
E
E
E
E
Dwelling, duplex
E
C
C
P
E
E
E
E
E
Dwelling, guest quarters
P
P
P
P
E
E
P
P
E
Dwelling, multi-family
E
C
E
C
E
E
C
E
E
Dwelling, single family
P
P
P
P
E
E
E
E
E
Event center
C
E
E
E
E
E
A
A
E
Equipment service
E
E
E
E
E
E
P
P
E
Extractive use
I
E
E
E
E
E
E
E
I
Fence
A
P
P
P
A
A
P
P
A
Fish house
A
A
A
A
A
E
A
A
A
Food services
E
E
E
E
E
E
P
P
E
Forest land conversion
E
E
E
E
E
E
E
E
E
Garage, attached
P
P
P
P
E
E
P
P
P
Grading
P
P
P
P
P
P
P
P
P
Group care facilities
P
P
P
P
E
E
E
E
E
Home occupation (see § 150.237)
C
C
C
C
E
E
E
E
E
Hotel
E
E
E
E
E
E
P
P
E
Industrial use
E
E
E
E
E
E
E
E
P
ISTS
P
P
P
P
P
P
P
P
P
Junkyard
C
E
E
E
E
E
E
E
E
Keeping of chickens
A
A
P
P
E
E
E
E
E
Landfill
E
E
E
E
E
E
E
E
E
Licensed day care facility
C
C
C
C
E
E
E
E
E
Licensed residential facility
C
C
C
C
E
E
E
E
E
Liquor, off-sale
E
E
E
E
E
E
P
P
E
Liquor, on-sale
E
E
E
E
E
E
P
P
E
Livestock
A
E*
E
E
E
E
E
E
E
Livestock, small
A
A
E* *
E
E
E
E
E
E
Logging
A
A
E
E
E
E
E
E
E
Manufactured home park
E
C
C
C
E
E
E
E
E
Marina
E
E
E
E
E
E
E
E
E
Medical and dental clinics
E
E
E
E
E
E
C
P
E
Motel
E
E
E
E
E
E
P
P
E
Nursery
C
C
E
E
E
E
P
P
E
Nursery, agricultural
P
E
E
E
E
E
E
E
E
Nursing home
C
C
C
C
E
E
P
P
E
Off-street parking
A
A
A
A
A
A
A
A
A
Open storage
A
A
A
A
A
E
A
P
P
Outdoor wood burning furnace (see § 150.240)
P
P
C
C
E
E
E
E
E
Pasture, cropland, and forestry
A
C
E
E
E
E
E
E
E
Patio
P
P
P
P
E
P
P
P
P
Porch
P
P
P
P
E
E
P
P
P
Private swimming pool
A
A
A
A
E
E
E
E
E
Professional services
E
E
E
E
E
E
P
P
E
Public use
P
P
P
P
P
P
P
P
P
Recreational vehicle
A
A
A
A
A
A
A
A
A
Racetrack
C
E
E
E
E
E
E
E
E
Resort
E
E
E
E
E
E
C
C
E
Restaurant
E
E
E
E
E
E
P
P
E
Retail business
E
E
E
E
E
E
P
P
E
Self-storage facility
C
E
E
E
E
E
C
C
C
Service business
E
E
E
E
E
E
P
P
E
Signs, directory
A
P
P
P
P
P
P
P
P
Signs, offsite
E
E
E
E
E
E
E
E
E
Signs, onsite (see §§ 150.054 through 150.056)
P
P
P
P
P
P
P
P
P
Signs, portable
A
A
A
A
A
A
A
A
A
Solar energy system
P
P
P
P
E
E
C
C
P
Solar energy system, ground-mounted
P
P
P
E
E
P
C
C
C
Solar energy system, roof-mounted
P
P
P
P
P
P
P
P
P
Storage buildings, commercial
C
E
E
E
P
E
AC
C
AC
C
AC
C
Telecommunication tower
C
C
E
E
E
C
E
C
E
Temporary borrow site
C
C
E
E
E
E
E
C
C
Temporary structure
A
A
A
A
A
A
A
A
A
Vegetation removal, clear cutting
C
E
E
E
E
E
E
E
E
Vegetation removal, intensive
C
E
E
E
E
E
E
E
C
Water-oriented accessory structure or facility
E
E
E
E
E
E
E
E
E
Warehousing, commercial
C
E
E
E
E
E
E
C
C
Warehousing, private
A
A
A
A
A
E
A
A
A
Notes to table:
A -   Allowed without a permit
P -   Permitted
C -   Conditional use
I -   Interim
E -   Excluded
AC - Accessory use
*   Livestock allowed (A) on RR parcels greater than 10 acres.
**   Livestock, small allowed (A) on R-1 parcels greater than 1 acre.
 
(Ord. passed 4-10-2017; Ord. O-20-19, passed - -; Ord. O-21-21, passed 5-10-2021; Ord. O-22-22, passed 10-11-2022; Ord. O-20-20, passed - -; Ord. O-23-30, passed 9-11-2023; Ord. O-24-36, passed 12-9-2024)

§ 150.050 PURPOSE.

   The purpose of these standards is to protect the general welfare and safety of the city by providing a policy of aesthetic development to prevent signs from intruding on the rural and residential character of the city; to provide adequate signs for direction and property identification purposes; and to provide adequate and effective signs for commercial use.
(Ord. passed 4-10-2017; Ord. O-21-21, passed 5-10-2021)

§ 150.051 REQUIRED PERMITS.

   All signs are considered structures and require a zoning permit, except signs placed by the city, county, or state to relate the laws or ordinances, or to promote the health, safety, and welfare of the community which are exempt, and signs exempted in this subchapter.
(Ord. passed 4-10-2017; Ord. O-21-21, passed 5-10-2021) Penalty, see § 150.999

§ 150.052 EXEMPT SIGNS.

   (A)   Temporary signs pertaining only to the construction, sale, or rental of the premises are allowable, provided they do not exceed nine square feet per side in any zone and are removed within 30 days of the completion of construction, sale, or rental.
   (B)   Each parcel shall be allowed, for up to 14 days during any 90-day period, temporary signs, including banners, streamers, and portable signs for special events, such as grand openings and promotions, provided they meet the following.
      (1)   The total cumulative area of all temporary signs shall not exceed one-half of the area allowed for a permanent sign in said zoning district, as provided for in §§ 150.054 through 150.056.
      (2)   No more than four temporary signs shall be on display at a given time for each parcel, provided that the total area of the signs conforms to the provisions of division (B)(1) above.
   (C)   Street identification signs and no hunting or trespassing signs are allowed without a permit.
   (D)   Temporary signs endorsing a political candidate, party, or issue during an election season are allowed without a permit. The sign must be removed within 30 days after the election.
   (E)   Signs in residential, agriculture, and forestry districts, provided they meet the following standards.
      (1)   Signs shall not be internally or externally lighted but may be reflective.
      (2)   No sign shall be larger than three square feet, except for a permitted home occupation, where six square feet is allowed.
      (3)   Only one sign per parcel shall be allowed.
(Ord. passed 4-10-2017; Ord. O-21-21, passed 5-10-2021) Penalty, see § 150.999

§ 150.053 GENERAL REGULATIONS.

   (A)   Non-maintained signs or signs for discontinued business will be removed after notification by the Zoning Administrator or after discontinuance of the business.
   (B)   Placement of signs shall consider protecting sight distance at intersections, driveways, and curves.
   (C)   All flashing, revolving, and intermittently lighted signs, including all digital displays, and all portable signs, are prohibited, except as specifically allowed in this section.
   (D)   A non-conforming sign may be refaced, removed, and replaced for maintenance purposes, however, it shall not be increased in size, the support system shall not be improved, and the sign shall be removed in its entirety upon the determination by the Zoning Administrator that the sign is in disrepair or the support system is failing.
   (E)   Residential and commercial signs may not contain elements commonly used by highway departments to alert, direct, or caution traffic such as, but not limited to, octagonal stop signs or speed limit signs.
   (F)   No signs, except for official traffic signs, shall be placed on or overhang public property, except where specific permission is granted by the Planning Commission.
   (G)   All signs must be professionally constructed and painted.
(Ord. passed 4-10-2017; Ord. O-21-21, passed 5-10-2021) Penalty, see § 150.999

§ 150.054 ONSITE SIGNS; COMMERCIAL AND INDUSTRIAL DISTRICTS.

   (A)   All signs on a property must be coordinated to create an overall appearance in regards to size and color.
   (B)   Sign area is calculated as the total area of signage and shall include all area bound by a rectangle that encompasses the markings that comprise the sign. For a double-sided, back-to-back, or V-shaped sign, provided the faces are equal in size, only one side shall count towards the sign area. For a three-sided sign, all sides shall count toward the sign area.
   (C)   Up to 10% of any principal structure facade area which directly abuts and lies generally parallel to the road right-of-way or publicly traveled roadway may be dedicated to signage.
      (1)   The permitted sign area may be split up into several signs or used for one sign.
      (2)   Any attached sign that protrudes from a structure two feet or less will be counted as part of the building facade signage.
      (3)   For commercial buildings that are entirely set back more than 100 feet from the edge of the roadway, 15% of the facade area may be covered.
      (4)   Facade area may be transferred from one side to another so long as the area used as signage never exceeds 10% of the side it is on.
      (5)   No credit is given for facade area not directly abutting and lying generally parallel to the road right-of-way or to publicly traveled roadway.
   (D)   Each property is allowed one freestanding sign, so long as the sign can meet setbacks and its placement does not obstruct lines of sight or pedestrian corridors.
      (1)   On double-sided, back-to-back, or V-shaped freestanding sign, provided the faces are equal in size, only one side shall count toward the sign area. A V-shaped sign shall not exceed a 90-degree angle. All sides of a three-sided freestanding sign shall count toward the sign area.
      (2)   Buildings located in a 45 mph speed zone or higher are allowed up to 100 square feet of freestanding sign that shall not exceed 15 feet in height.
      (3)   Buildings located in a less than 45 mph speed zone are allowed up to 64 square feet of freestanding sign and, for multi-business buildings, are allowed an additional eight square feet for each business after the first. The sign may not exceed ten feet in height.
      (4)   For corner lots, one freestanding sign conforming to these standards is allowed on each roadway.
      (5)   Any attached sign that protrudes from a structure more than two feet will be considered a freestanding sign.
   (E)   There shall be no signage on accessory structures.
   (F)   Property owners seeking to display more signs than what are allowed in this section or seeking allowances outside of what is allowed in this section may obtain permission to do so with the approval of a sign concept plan. The sign concept plan shall include all existing and proposed signage for the entire parcel. The Planning Commission shall review the sign concept plan and base its decision on the following:
      (1)   Necessity of the additional signage;
      (2)   Alternatives to additional signage;
      (3)   Continuity with signage on adjacent parcels;
      (4)   Aesthetic impacts; and
      (5)   Perceived effectiveness of proposed signage.
   (G)   Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards.
      (1)   No advertising signs or supporting facilities for signs may be placed upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or a permit issued by the County Sheriff.
      (2)   Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than eight feet above the ground, and must not exceed ten square feet in size.
      (3)   Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent illumination out across public waters. This does not preclude use of navigational lights.
   (H)   Dynamic displays, including displays used for advertising the price of gasoline: Any sign using a dynamic display, in whole or in part, must meet the following operational standards.
      (1)   Dynamic displays on a property located in a 45 mph or greater speed zone shall not exceed 100 square feet. Only one side of a double-sided, back-to-back, or V-shaped, provided the faces are equal in size, only side shall count toward the cumulative amount of signage allowed. A V-shaped sign shall not exceed a 90-degree angle. All sides of a V-shape or three-sided sign shall count toward the cumulative area of signage. Dynamic displays on a property located in a less than 45 mph speed zone shall not exceed 64 square feet. Only one side of a double-sided, back-to-back, or V-shaped, provided the faces are equal in size, only side shall count toward the cumulative amount of signage allowed. A V-shaped sign shall not exceed a 90-degree angle. All sides of a V-shape or three-sided sign shall count toward the cumulative area of signage.
      (2)   The dynamic display sign must be located at least 100 feet from any property where there are structures used for residential purposes.
      (3)   The foil sign image or any portion thereof must have a minimum duration of ten seconds and must be a static display. No portion of the image may flash, scroll, twirl, change color, or in any manner imitate movement.
      (4)   No sign with dynamic display may exceed a maximum illumination of three-tenths of a foot candle above ambient light level as measured from 50 feet from the sign’s face. All signs with dynamic display having illumination by means other than natural light must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign’s brightness to comply with this requirement. No sign with dynamic display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, signal, or the safety of the public, or located where it would do so as determined by the City Traffic Engineer. If there is a violation of the brightness standards, the adjustment must be made within one business day upon notice of non-compliance from the city.
      (5)   Electronic graphic display signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between a half-hour before sunset and a half-hour after sunrise.
      (6)   No portion of any dynamic display sign may fluctuate in light intensity or use intermittent, strobe, or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles, or in any manner that creates the illusion of movement.
      (7)   Signs with dynamic display must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Signs with dynamic display must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display when notified by the city that it is not complying with the standards of this subchapter.
      (8)   Transition from one static display to another must be instantaneous without the use of special effects, not limited to fading, moving, or blinking. Changes in content must be accomplished in one second or less.
(Ord. passed 4-10-2017; Ord. O-21-21, passed 5-10-2021) Penalty, see § 150.999

§ 150.055 ONSITE SIGNS; DIRECTORY SIGNS.

   To facilitate economic growth and reduce the overall amount of signage within the city, the city may, at its discretion, establish directory signs in any zone. Directory signs should be in lieu of other signage, such as an existing offsite sign or signage provided by the State Department of Transportation.
(Ord. passed 4-10-2017; Ord. O-21-21, passed 5-10-2021)

§ 150.056 ONSITE SIGNS; RESIDENTIAL DISTRICTS.

   (A)   Area identification signs are permitted by conditional use permit in residential districts, including Rural Residential, Single Family Residential, Urban Residential, and Residential Storage, and must meet the following criteria:
      (1)   The size of the sign shall not exceed 32 square feet in area.
      (2)   The sign shall not exceed eight feet in height, as measured from the existing ground elevation to the top of the sign. Any landscaping, grading, structure, or other material that raises the level of the existing elevation of the ground shall be included in the height of the sign.
      (3)   Any such sign shall be erected only on a corner lot at the intersection of local or collector streets with collector or arterial roadways and only on property that is a part of the residential development identified herein.
      (4)   The sign shall be located on private property at the required setbacks for the zoning district, as detailed in this subchapter. Placement of the sign shall include consideration for the maintenance of appropriate sight lines at the intersection and shall not constitute an obstruction to traffic in the area.
      (5)   The sign shall include a landscaping plan to be installed and continually maintained by the owner of the property on which the sign is located, pursuant to the requirements of this section.
      (6)   No more than one sign per entrance to the development shall be allowed, with each sign meeting the provisions contained herein.
      (7)   Any lighting of the sign shall be external, downward directional, and hooded so as to prevent glare and to maintain the character of the neighborhood.
   (B)   Property owners seeking to display more signs than what are allowed in this section or seeking allowances outside of what is allowed in this section may obtain permission to do so with the approval of a sign concept plan. The sign concept plan shall contain all existing and proposed signage for the entire parcel. Property owners within 350 feet of the subject property shall be notified by regular mail of the sign concept plan in question. The Planning Commission shall review the sign concept plan and base its decision on the following:
      (1)   Necessity of the additional signage;
      (2)   Alternatives to additional signage;
      (3)   Continuity with signage on adjacent parcels;
      (4)   Aesthetic impacts; and
      (5)   Perceived effectiveness of proposed signage.
(Ord. passed 4-10-2017; Ord. O-21-21, passed 5-10-2021) Penalty, see § 150.999

§ 150.057 OFFSITE SIGNS.

   Offsite signs are prohibited, except for residential or commercial directory signs. Any existing offsite signs are considered non-conforming structures.
(Ord. passed 4-10-2017; Ord. O-21-21, passed 5-10-2021) Penalty, see § 150.999

§ 150.070 COMPLIANCE REQUIRED.

   Every use permitted by this chapter shall be so established and maintained as to comply with the provisions of this subchapter. The Planning Commission may require the complaining party to provide such tests or investigations by an independent testing organization satisfactory to the Planning Commission as are necessary to show non-compliance with these standards. The entire cost of such investigations and tests shall be paid for by the complaining party unless the results disclose non-compliance with these standards; in that event, the entire cost shall be borne by the owner or operator. This provision does not preclude the city from making any investigations and tests it finds appropriate to determine compliance with these standards.
(Ord. passed 4-10-2017)

§ 150.071 NUISANCES DECLARED.

   The following are declared to be nuisances affecting public peace and safety and shall not be allowed on any property within the city:
   (A)   Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, tires, miscellaneous junk, or other material, in a manner conducive to the harboring of mosquitoes, rats, mice, snakes, or vermin, or the rank growth of vegetation among the items so accumulated or in a manner creating fire, health, or other safety hazards from such accumulation;
   (B)   Any abandoned or junk vehicle as defined in Minnesota Statutes; and
   (C)   All other conditions or things which are likely to cause or to pose an unreasonable threat of injury to the person or property of anyone.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.072 NOISE.

   (A)   Noise shall be measured on any property line of the tract on which the source of the noise is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness, or intensity. At the property line of the tract on which the source of noise is located, the sound pressure level of noise radiated shall not exceed the following limits measured for 10% (L10) and 50% (L50) of a one hour-period, using a sound level meter as authorized by the City Council.
   (B)   In addition, no persons shall make, or cause to be made, any impulsive and loudly audible noise that injures or endangers comfort, repose, health, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property value.
 
Adjoining Property Zone - Time
Day, 7:00 a.m. -
10:00 p.m.
Night, 10:00 p.m. -
7:00 a.m.
L10
L50
L10
L50
Decibels, commercial zones
65
60
65
60
Decibels, residential zones
60
55
50
45
 
(Ord. passed 4-10-2017; Ord. O-23-25, passed 5-8-2023) Penalty, see § 150.999

§ 150.073 ODOR.

   No use shall cause the discharge of toxic, noxious, or odorous matter beyond the limits of the site where it is located in such concentrations as to be obnoxious or otherwise detrimental to the public health, safety, comfort, or welfare, or cause injury to property or business.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.074 GLARE.

   Direct or reflected glare, such as from floodlights, spotlights, or high temperature process, and as differentiated from general illumination, shall not be visible beyond the sight of origin at any property line. Any lights used for exterior illumination shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted where in view of adjacent property or public right-of-way. Except for public street lights, any light or combination of lights which cast light on a public street shall not exceed one foot-candle as measured from the property line of said street. Any light or combination of lights which cast light on residential property shall not exceed one foot-candle as measured from the property line of said property.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.075 SMOKE.

   The emission of smoke by any use shall be in compliance with and regulated by the State Pollution Control Standards, Minnesota Regulations APC 7017. Open burning shall require a DNR burning permit.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.076 DUST AND OTHER PARTICULATE MATTER.

   The emission of dust, fly ash, or other particulate matter by any use shall be in compliance with and regulated by the State Pollution Control Standards, Minnesota Regulation APC 7011.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.077 FUMES OR GASES.

   Fumes or gases shall not be emitted at any point in concentrations that are noxious, toxic, or corrosive. The values given in Table I (Industrial Hygiene Standards - Maximum Allowable Concentration for eight hour day, five days per week), Table III (Odor Thresholds), Table IV (Concentrations of Substances Causing Pain in the Eyes), and Table V (Exposure to Substances Causing Damage to Vegetation) in the latest revision of Chapter Five, “Physiological Effects” that contains such tables, in the Air Pollution Abatement Manual published by the Manufacturing Chemists’ Association, Inc., Washington D.C., are hereby established as guides for the determination of permissible concentration and amounts. The city may require detailed plans for the elimination of fumes or gases before the issuance of a zoning permit.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.078 FIRE HAZARDS.

   Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of such materials. Such hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.079 WASTES.

   (A)   All waste generated shall be disposed of in a manner consistent with all State Pollution Control Agency rules.
   (B)   Any accumulation of waste generated on any premises not stored in containers which comply with State Pollution Control Agency rules, or any accumulation of mixed solid waste generated on any premises which has remained thereon for more than one week, or any accumulation of infectious, nuclear, pathological, or hazardous waste which is not stored or disposed in a manner consistent with State Pollution Control Agency rules, is a nuisance and may be abated, and the cost of abatement may be addressed against the property where the nuisance is found.
   (C)   The accumulation, storage, processing, and disposal of waste on any premises, which is not generated on that premises, is prohibited, except as specifically provided in this chapter.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.080 AIR POLLUTION.

   Every activity shall conform to state regulations relating to air quality standards and air pollution control.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.081 EROSION AND DRAINAGE.

   (A)   No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties.
   (B)   All storm sewer inlets and drainage ways that are functioning during construction shall be protected so that sediment laden water does not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
   (C)   All onsite stormwater conveyance systems must be designed and constructed to withstand the design volume of stormwater with appropriate stabilization to prevent scour and erosion. Erosion controls must be provided at the outlets of all storm sewer pipes or drainage ways.
   (D)   All temporary and permanent erosion and sediment control practices shall be maintained and repaired to assure the continued performance of their intended function.
   (E)   All disturbed ground left inactive for seven or more days shall be stabilized by seeding or sodding, or by mulching or covering, or other equivalent control measure.
   (F)   All temporary erosion control devices, including silt fence, gravel, hay bales, or other measures shall be removed from the construction site and properly disposed of or recycled. This removal and disposal must occur within 60 days of the establishment of permanent vegetative cover on the disturbed area.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.082 RADIOACTIVITY OR ELECTRICAL DISTURBANCE.

   No activity shall emit dangerous radioactivity at any point or any electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. Adverse effects shall be measured by FCC standards.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.083 FERTILIZERS, HERBICIDES, AND PESTICIDES.

    No person shall place, spread, or store fertilizers, herbicides, and/or pesticides in any manner other than that recommended by the manufacturer or in any manner which allows any escape of nutrients or toxins into the air, groundwater, or surface water of the city.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.084 ABANDONED BUILDINGS.

   No person shall allow a building, mobile home/manufactured house, or other structure to be abandoned, deteriorated, or a safety hazard. All abandoned, deteriorated, or unsafe structures shall be removed. If the owner fails to remove the structure, the city shall do so and assess the cost against the property through the county taxation method.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.100 FENCES.

   (A)   Safety hazards. Fences shall not be erected where they create a visual safety hazard in the opinion of the Zoning Administrator. Fences shall not be electrified or contain barbed wire, except in areas where contact with the general public is not anticipated or with the permission of the Planning Commission.
   (B)   Location and orientation.
      (1)   All boundary line fences shall be entirely located upon the property of the person constructing such fence with a two-foot minimum setback, unless adjoining property owner agrees, in writing, that such fence can be erected on the division line of the respective properties or a certificate of survey is performed.
      (2)   Under no circumstances shall a fence be constructed closer than ten feet from the surface of a public road and in all cases not within the public right-of-way.
      (3)   Fences may not be placed within a shore or bluff impact zone.
   (C)   Construction. The “good side” of the fence shall face abutting properties, meaning that the posts shall face in toward the property on which the fence sits, and the finished face of the fence shall face abutting properties.
   (D)   Height. Fences not exceeding 96 inches in height may be constructed.
   (E)   Maintenance. Fences shall be maintained to retain their aesthetic quality, screening abilities, and function. Missing boards, rusting wire and posts, and peeling paint shall be taken care of at the owner’s expense as they occur.
   (F)   Fence materials. Every fence shall be constructed in a substantial, workmanlike manner and of material reasonable suited for the purpose for which the fence is proposed to be used. Electric fences and fences made of materials such as hog wire, barbed wire, or snow fencing may not be used as a boundary fence in the residential districts.
(Ord. passed 4-10-2017; Ord. O-20-19, passed - -; Ord. O-22-23, passed 10-11-2022) Penalty, see § 150.999

§ 150.101 PROPERTY AND STRUCTURE MAINTENANCE.

   (A)   All structures shall be properly maintained in a clean and acceptable manner so as not to constitute a menace to the public health, safety, convenience, general welfare, property values, and aesthetics.
   (B)   All landscaping shall be properly maintained so as to preserve planting in a live state and free of noxious weeds.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.102 DRIVEWAY AND ACCESS MANAGEMENT.

   (A)   Permit required. No person shall construct, or reconstruct, or make any substantial alteration of any driveway access to any city street rights-of-way without first obtaining a permit from the Zoning Administrator. The Zoning Administrator may issue the permit upon recommendations by the Public Works Department and upon payment of a fee as established by City Council ordinance.
   (B)   Access control.
      (1)   Residential districts. One access driveway shall be allowed for each parcel of land two acres or less. Parcels of land in excess of two acres shall be allowed one access driveway for each 200 feet of frontage located along the front lot line on a public right-of-way, and allowed one shared access to not more than two lots not fronting on a public right-of-way. Corner lots are allowed one additional access driveway; this driveway must be placed on a local street. Corner lots with frontage along local streets may place driveway accesses on either the front or side lots lines as long as spacing requirements identified in division (C) below are met.
      (2)   Commercial and industrial. Driveways in all commercial and industrial areas shall be subject to individual review and approval by the city in order to avoid congestion and safety hazards.
      (3)   Generally. All driveways shall access local streets unless otherwise permitted by the City Council.
   (C)   Spacing. In no case shall any driveway be closer to a street intersection or private shared drive intersection than as follows: 75 feet in Rural Residential or Agricultural Districts and 35 feet in the Single Family Residential and Urban Residential Districts.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.103 STORAGE.

   (A)   Exterior storage.
      (1)   There shall be no exterior storage allowed on lots that do not contain a principal or accessory structure.
      (2)   Where there is a principal or accessory structure, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: laundry drying, licensed recreational equipment, construction landscaping materials and equipment currently being used for construction of the premises, woodpiles, agricultural equipment and materials if these are used or intended for use on the premises, off-street parking, except as otherwise regulated herein.
      (3)   No more than two fish houses and one recreational vehicle are permissible if they are currently licensed. Fish houses and recreational vehicles must be stored at least ten feet distance from any property line and outside of the OHW setback.
      (4)   Abandoned motor vehicles shall be stored within a structure or completely screened from view from adjacent properties and right-of-way.
   (B)   Bulk storage. All uses associated with the bulk storage of oil, gasoline, liquid propane, liquid fertilizer, chemicals, and similar liquids shall comply with the requirements of the State Fire Marshal, the State Pollution Control Agency, and State Department of Agriculture. When in excess of normal domestic allowances, the property owner shall have documents from those offices stating that the use is in compliance. No storage facility shall be constructed or placed where spillage from the facility would drain to a drainage way or public waters without providing complete containment.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.104 VISUAL STANDARDS; SCREENING.

   (A)   General. No use shall create, maintain, or continue any activity or structure which has a strong negative visual impact or offends the morals or violates the standards of the city.
   (B)   Standards. Screening requirements for each district are contained in §§ 150.025 through 150.038.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.105 SANITATION STANDARDS.

   (A)   Solid waste. All solid waste shall be disposed of in accordance with the standards of the county.
   (B)   Domestic sewage.
      (1)   All plumbing shall discharge into a municipal sanitary system if available.
      (2)   All designs shall be submitted on the county’s forms.
      (3)   All dwellings or structures with plumbing shall be served by an individual or common sewage disposal system meeting the requirements of Minn. Rules Chapters 7080 through 7083, as amended from time to time, and the county’s “Subsurface Sewage Treatment Systems - Technical Standards and Criteria,” as amended.
      (4)   All non-conforming systems shall be brought into conformance.
      (5)   Sewage tanks being abandoned shall be thoroughly pumped and filled with soil.
      (6)   All owners of individual sewage treatment systems shall have the system inspected once each five years by a certified sewage system inspector.
         (a)   The person inspecting the system shall examine the septic tank and determine the need for pumping in accordance with Minn. Rules Chapters 7080 through 7083, as amended from time to time.
         (b)   The person inspecting the system shall provide to the city a statement that the system appears to be in good working order, or specifying any defects discovered and the date such defects were/will be corrected. The form shall also indicate if the septic tank was pumped.
         (c)   The Zoning Administrator shall maintain a file by legal description and shall notify any delinquent property owner when six months have elapsed beyond the required five-year period.
         (d)   The Zoning Administrator, or assistant, shall have the authority to verify the inspections and/or conduct inspections on behalf of the city.
   (C)   Water supply.
      (1)   All potable water systems shall be connected to a municipal water supply, if made available.
      (2)   All domestic and agricultural wells shall conform to the State Department of Health Standards for wells.
      (3)   All water systems shall meet the requirements of the State Department of Health Standards for water systems.
      (4)   All wells being abandoned shall be sealed according to State Department of Health Standards and report to the State Department of Health and the city.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.106 ANIMAL HUSBANDRY.

   (A)   Pets.
      (1)   Pets shall be properly cared for, shall not be allowed to create problems for neighbors or the city, or become a nuisance, and shall have sanitary standards maintained consistent with § 150.105(B).
      (2)   Property owners shall be responsible for management and proper disposal of animal waste per Minn. Rules part 7020.2225, as may be amended from time to time. Property owner shall adhere to M.S. § 343.21, as may be amended from time to time, on the treatment of animals. Property owner shall adhere to M.S. Chapter 344, as may be amended from time to time, relating to partition fences. Property owner must comply with all regulations imposed by the Minnesota Pollution Control Agency (MPCA) relating to the keeping of livestock or domestic farm animals, and such regulations shall be considered the minimum safeguard necessary to prevent pollution of natural sensitive areas or the creation of a health hazard.
   (B)   Wild animals.
      (1)   The keeping of wild animals as pets, including, but not limited to, primates and large carnivores, is not allowed.
      (2)   Wildlife rehabilitation uses shall require a conditional use permit and must meet the minimum standards established by the State Department of Natural Resources Rules Chapter 6244.
(Ord. passed 4-10-2017; Ord. O-24-35, passed 12-9-2024) Penalty, see §  150.999

§ 150.107 VEGETATION REMOVAL.

   Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in §§ 150.025 through 150.038, is allowed, subject to the following standards.
   (A)   No vegetation shall be removed along the shoreline, within shore impact zones, on steep slopes, and within bluff impact zones, except in conjunction with an approved site preparation or land alteration permit to accommodate the placement of stairways, landings, access paths, or authorized shoreland alterations.
   (B)   Except within bluff impact zones and steep slopes, between the shore impact zone and the building setback line, the removal of 25% of trees and 100% of shrubs is allowed. Pruning and limbing of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways, landings, or access paths.
   (C)   All vegetative alterations are subject to the following conditions.
      (1)   The cutting is not done in any contiguous strip or row over 12 feet wide from the OHW to the structure setback.
      (2)   The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.
      (3)   Along rivers, existing shading of water surfaces is preserved.
      (4)   All cutting is done by hand, without the use of heavy machinery, and topsoil is not disturbed.
      (5)   Erosion and stormwater control plans must be approved by the County Soil and Water Conservation District. A silt fence or other sediment control measures meeting SWCD standards must be properly installed between the project area and the lake or river before any construction begins and must remain in place until all permanent erosion control measures are in place.
   (D)   Diseased or dead trees that pose a hazard shall be removed immediately and disposed of and replaced with native tree species.
   (E)   Intensive vegetative clearing is allowed behind the structure setback.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.108 PARKING.

   (A)   General. Onsite parking or garage space shall be provided in all districts, except as specifically exempted. There shall be adequate drive access to prevent the need to back onto collector streets or county highways. Onsite parking spaces shall not be used for storage.
   (B)   Dimensions. Parking sites shall be a minimum of 20 feet long and ten feet wide.
   (C)   Parking ratios. Adequate parking shall be required, with the following standards to be guidelines subject to site specific review by the Planning Commission:
      (1)   Dwelling: two parking spaces for each unit;
      (2)   Multiple dwellings: one and one-half spaces per dwelling unit;
      (3)   Tourist accommodations: one and one-half parking spaces for each room or unit;
      (4)   Senior and/or physically handicapped housing: one space per dwelling unit;
      (5)   Business and professional offices: one space for each 300 square feet of gross floor area;
      (6)   Medical and dental clinics: two spaces per examining room plus one space for each employee;
      (7)   Schools: one space per seven students and one space for each two employees;
      (8)   Hospital/nursing homes: one space for every three beds plus one space for each two employees;
      (9)   Retail stores: one space for each 100 square feet of gross floor area;
      (10)   Furniture and appliance stores, household equipment, carpet sales, furniture repair shop, or antique shop: one space for each 400 square feet of gross floor area;
      (11)   Theater, stadium, auditorium, church, or other places of public assembly: one parking space for each three seats, based on maximum seating capacity;
      (12)   Office building: one parking space for each 300 square feet of office floor area;
      (13)   Funeral homes: one space for each four seats, based on maximum capacity;
      (14)   Eating and drinking establishments: one parking space for each of three seats, based upon maximum seating capacity;
      (15)   Industrial, manufacturing, or wholesale establishments: one parking space for each two workers, based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the industrial or manufacturing establishment or one space for each 2,000 square feet of gross floor area, whichever is larger;
      (16)   Other uses not described: as determined by the Planning and Zoning Commission and City Council;
      (17)   Onsite parking shall not be closer than ten feet from a lot line, except in the DMU District;
      (18)   All parking areas shall be adequately drained to a pervious surface designed to allow entrapment of silts and nutrients prior to discharge to a public water;
      (19)   More than five parking stalls contiguously located and any commercial parking adjacent to residential shall be landscaped according to a plan approved by the Zoning Administrator with review by the Planning Commission;
      (20)   Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as to not interfere with residential use. Lighting will be designed to eliminate glare from adjacent roadways to ensure safe vehicular traffic; and
      (21)   All required loading berths shall be off-street and shall be located on the same lot as the principal use served. Loading shall not occupy front yard space. Berths shall not be used for storage.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.109 LOADING AND UNLOADING REQUIREMENTS.

   There shall be adequate loading and unloading areas established for each property based on the use. It shall be the property owner’s responsibility to ensure that his, her, or their loading and unloading operations do not interfere with the flow of traffic, create a nuisance, or pose a safety hazard. Operations are subject to review by the Planning Commission.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.110 DRAINAGE.

   (A)   General.
      (1)   When possible, existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
      (2)   Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible, and facilities and methods used to retain sediment on the site.
      (3)   When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds must be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and human-made materials and facilities.
   (B)   Natural drainage. All development shall provide for the continuance of natural drainage ways, and structures shall be so constructed as to be one foot above the water level in the drainage way created by a storm of a 100-year return period or a 1% chance of occurrence.
   (C)   Drainage storage areas. The use of natural or human-made stormwater storage areas is encouraged. These areas should be vegetated and designed to naturally lower after a storm.
   (D)   Filling. No filling of areas inundated by the 100-year, 24-hour storm along drainage ways shall be allowed, except by conditional use permit.
   (E)   Impervious areas. All parking areas, heavy soil areas, storage areas, and impervious areas shall be designed to allow entrapment of silts and nutrients prior to discharge to a natural drainage way or public water.
   (F)   Public waters. Newly constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
   (G)   Erosion. Erosion control measures shall be provided in all areas disturbed during any grading or construction. All areas disturbed shall be covered with topsoils and seeded. Areas subject to concentrated runoff or steeper than three-to-one shall be sodded, planted with appropriate deep-rooted vegetation, or protected with an appropriate mulch cover as directed by the City Engineer.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.111 GRADING.

   (A)   General. The following activities must be authorized by permit, except for excavation for permitted structures, drives, sewer systems, and parking areas:
      (1)   Grading and filling in the shore or bluff impact zone;
      (2)   Grading and filling of wetlands;
      (3)   Grading in the bed of public waters;
      (4)   Any alterations of the natural topography when the slope of the land is toward a public water or watercourse involving the movement of more than ten cubic yards of material in a bluff or shore impact zone, or more than 50 cubic yards of material anywhere else within a shoreland area; and
      (5)   Any alteration outside of the shoreland area where the amount of grading exceeds 500 cubic yards.
   (B)   Conditions. The following conditions shall apply.
      (1)   The smallest amount of bare ground is exposed for as short a time as feasible.
      (2)   Four inches of topsoil is placed, temporary ground cover such as mulch is used, and permanent ground cover such as sod is planted.
      (3)   Methods to prevent erosion and trap sediment are employed.
      (4)   Fill is stabilized to acceptable engineering standards and must not create an unstable slope.
      (5)   Plans to place fill or excavated material on steep slopes must be reviewed by a qualified professional for continued slope stability and must not create finished slopes of 30% or greater.
      (6)   Fill or excavated material must not be placed in bluff impact zones.
      (7)   Fill placed in a public water below the ordinary high water line requires a DNR waters permit and a Corps of Engineers permit.
      (8)   Excavation in the bed of public waters requires a DNR waters permit and a Corps of Engineers permit.
      (9)   Only clean fill consisting of sand, gravel, or rock will be allowed where contact with water is anticipated. Mineral soil may be allowed elsewhere.
      (10)   Alterations to topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
   (C)   Wetlands. Grading or filling in any protected wetland is prohibited unless authorized by federal, state, county, and local permitting agencies.
   (D)   Public waters. Connections to public waters of boat slips, canals, lagoons, harbors, and similar inland excavations are prohibited.
   (E)   Roads, driveways, and parking areas. Public and private roads, driveways, and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from public waters.
      (1)   Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts.
      (2)   Private watercraft access ramps, approach roads, and access-related parking areas are prohibited on lakes with public access or more than one privately-owned but public access. On lakes with no public access, private watercraft access ramps, approach roads, and access-related parking areas may be placed by permit within shore impact zones, provided the vegetative screening and erosion control conditions of this division (E) are met.
   (F)   Ice ridges. If ice ridges occur annually, the property owner may restore the shoreline every year. Removal or grading of an ice ridge must not disturb emergent aquatic vegetation, unless authorized by an aquatic plant management permit from the DNR’s Division of Fisheries. Restoration shall be permitted only where:
      (1)   The ice ridge resulted from ice action within the last year;
      (2)   The total length of shoreline zone to be affected does not exceed 50 feet;
      (3)   All ice ridge material that is composed of muck, clay, or organic sediment is deposited and stabilized at an upland site above the ordinary high water level of any public water;
      (4)   All ice ridge material that is composed of sand or gravel is removed or graded to conform to the original cross-section and alignment of the lakebed, with a finished surface at or below the ordinary high water level;
      (5)   No additional excavation or placement of fill material occurs on the site; and
      (6)   All exposed areas are immediately stabilized as needed to prevent erosion and sedimentation.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.112 CAMPING.

   (A)   General.
      (1)   All recreational vehicles must be designed to operate on state roads without a special permit and must have a current license.
      (2)   No camping unit may be permanently placed or skirted.
      (3)   All camping units must be able to be moved readily.
      (4)   Camping units must meet dwelling setback requirements.
      (5)   Prior to placing a camping unit, the occupant must have the permission of the property owner. The permission must be written when the property owner is not available onsite.
   (B)   Properties with principal structures.
      (1)   There shall be a maximum of two units allowed at any one time.
      (2)   No individual camping unit may be placed for use longer than 14 days within any 60 days.
      (3)   One camping unit may be allowed in outside storage. That unit may be stored year round.
   (C)   Properties without principal structures.
      (1)   There shall be a maximum of two units allowed at any one time.
      (2)   Each individual camping unit is allowed for 14 days in any one calendar year without a permit.
      (3)   A permit is required for camping units established for more than 14 days in any one calendar year. The maximum time an individual unit can be established is nine months in any one calendar year.
      (4)   One permit per parcel per calendar year is allowed.
      (5)   A permit for a camping unit requires installation of a permanent sewage treatment system.
   (D)   Properties where a principal structure is being constructed.
      (1)   Camping units are allowed in conjunction with a land use permit for construction of a principal structure.
      (2)   Camping units are allowed up to 12 months during construction, with extension for an additional 12 months in conjunction with extension of a zoning permit.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.113 SOLAR ENERGY SYSTEMS (SES).

   (A)   Purpose and intent. The city finds that other communities are addressing the use and development of renewable energy systems, believing them to enhance energy conservation efforts with limited adverse impact on nearby properties. The city finds that it may be in the public interest to encourage the use and development of such renewable energy systems; to support the use of solar energy collection systems and the development of solar energy farms; and that the development of solar energy farms could be balanced with the protection of the public health, safety and welfare. Accordingly, the city resolves that the following standards shall be adopted to address applications for solar energy systems and solar energy farms to be constructed within the city.
      (1)   Roof-mounted solar energy systems shall be allowed as a permitted accessory use in all zoning districts in accordance with the standards in this section and all ground-mounted solar energy systems shall be considered by conditional use permit.
      (2)   The following systems shall be exempt from the requirements of this section and shall be regulated as any other building element:
         (a)   Building-integrated solar energy systems that are an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural element or structural component including, but not limited to, photovoltaic or hot water solar energy systems contained within roofing materials, windows, skylights, and awnings; and
         (b)   Passive solar energy systems that capture solar light or heat without transforming it into another form of energy or transferring the heat via a heat exchanger.
   (B)   System standards.
      (1)   Electrical.
         (a)   All utilities shall be installed underground for ground-mounted systems.
         (b)   An exterior utility disconnect switch shall be installed at the electric meter serving the property.
         (c)   Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code.
         (d)   No solar energy system shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the solar energy system with the utility company shall adhere to the National Electrical Code.
      (2)   Maximum area. Ground-mounted solar energy systems shall be limited to the total impervious surface restrictions for the lot, per zoning district requirements.
      (3)   Color. All roof-mounted solar energy systems shall use colors that are the same or similar with the color of the roof material of the building on which the system is mounted.
   (C)   Location and setbacks. Solar energy system must meet the accessory structure setback for the zoning district in which the system is located.
      (1)   Roof-mounting.
         (a)   The solar energy system shall comply with the maximum height requirements of the applicable zoning district.
         (b)   In addition to the building setback, the collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. A conditional use permit is required for any solar array that exceeds the square footage of the roof, in any zoning district.
      (2)   Ground-mounting.
         (a)   The solar energy system shall only be located in the rear yard as defined by this chapter.
         (b)   All components of the solar energy system shall meet the setback requirements of the zoning district.
         (c)   Solar energy systems shall not encroach upon drainage and utility easements.
         (d)   Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt.
   (D)   Screening. Solar energy systems shall be screened in accordance with the requirements of this chapter to the extent possible without affecting their function.
   (E)   Certification.
      (1)   Roof-mounted. Prior to permit issuance, the property owner shall provide documentation from a licensed contractor, building inspector, licensed electrician, or electrical engineer that, at a minimum, the following:
         (a)   Certification that the electrical wiring and solar energy system meets all applicable national, state, and county electrical and building codes;
         (b)   Certification that the building roof condition is adequate for, and structural integrity will not be compromised by, the solar energy system being installed.
      (2)   Ground-mounted. Prior to permit issuance, the property owner shall provide documentation from a licensed contractor, building inspector, licensed electrician, or electrical engineer that, at a minimum, the following: Certification that the electrical wiring and solar energy system meets all applicable national, state, and county-adopted electrical and building codes.
   (F)   Abandonment. Any solar energy system which is inoperable for 12 successive months shall be
deemed to be abandoned and shall be deemed a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit.
   (G)   Permit.
      (1)   A land use permit shall be obtained for any solar energy system prior to installation.
      (2)   Permit issuance shall be authorized by the Planning and Zoning Administrator or their designee, or at their discretion, may require approval by the Planning Commission.
   (H)   Height. Solar energy systems must meet the following height requirements:
      (1)   Roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district.
      (2)   Ground-mounted solar energy systems shall not exceed 20 feet in height when oriented at maximum tilt.
   (I)   Visibility. Solar energy systems shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys.
(Ord. O-24-34, passed 12-9-2024) Penalty, see § 150.999

§ 150.125 GENERAL.

   (A)   Planned unit development (PUD) requires the assistance of professional planning and usually involves the approval of multiple agencies or other governmental bodies. Where circumstances are favorable, PUDs provide more latitude in land use than normal development to allow for planning, clustering facilities, consolidating green spaces and internal recreation amenities. While densities higher than normal are often allowed, they must be justified by the preservation and consolidation of green space, increased screening and landscaping, increased recreational amenities, and other significant improvements and design features beneficial to the residents, neighbors, and the general public.
   (B)   Mixed use PUD, where appropriate, may be allowed, provided the use not normally allowed in the zoning district does not exceed 35% of the building floor area.
   (C)   Provisions of each zoning district shall govern within that district, except where specifically addressed in this section.
(Ord. passed 4-10-2017)

§ 150.126 SUITABILITY.

   The city must consider the following criteria in the examination of a parcel for suitability as a PUD:
   (A)   Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;
   (B)   Physical and aesthetic impacts of increased density;
   (C)   Suitability of lands for the planned unit development approach;
   (D)   Level of current development in the area;
   (E)   Amounts and types of ownership of undeveloped lands; and
   (F)   Size of the parcel and amount, if any, of shoreline.
(Ord. passed 4-10-2017)

§ 150.127 DESIGN CRITERIA FOR NEW PUDS.

   (A)   Minimum size. A planned unit development shall contain a minimum of three units or sites.
   (B)   Buffer. A 50-foot vegetative buffer will be maintained or established along the boundary of the PUD. There shall be no units or impervious coverage within this buffer, with the exception of access roads or utilities. The buffer will serve to screen the adjacent parcels and the lake, where applicable, from the units within the PUD. The screening will contain both low growing (e.g., brush) and high growing (e.g., trees) vegetation. Adjacent parcels and the lake, where applicable, shall be a minimum of 50% screened, as measured by the Planning and Zoning Administrator, from the adjacent parcel or the lake during leaf-on conditions. An earthen berm may be used where, in the opinion of the Planning Commission, the existing vegetation cannot be enhanced to meet the 50% screening criteria. Use of a berm shall not preclude the maintaining of a 50-foot buffer or the installation of screening as part of the berm.
   (C)   Open space. At least 25% of the total project area must be preserved in open space.
      (1)   Open space shall be left in its natural state and shall be contiguous.
      (2)   Dwelling units or sites, road right-of-way, land covered by road surfaces, parking areas, stormwater basins, collection and treatment areas, structures, and landscaped areas which are routinely maintained are developed areas and shall not be included in the computation of minimum open space.
      (3)   Areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries shall be included as open space.
      (4)   The 50-foot buffer shall be included as open space, minus areas used as accesses.
      (5)   Where a wildlife corridor is present, open space shall be designed to include the corridor.
      (6)   The appearance of open space areas shall be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means acceptable to the city.
      (7)   At least 50% of the shore impact zone must be maintained as open space.
   (D)   Common space. At least 50% of the project must be included as common space.
      (1)   Open space shall be counted as common space.
      (2)   Common space may include any outdoor recreational facilities for use by owners of the dwelling units or sites, or the public.
      (3)   Common space may include areas used for stormwater retention or management and areas used for sanitary sewer collection or disposal. Where common space includes sanitary sewage treatment systems, the use of the space shall be restricted where necessary to avoid adverse impacts on the systems.
      (4)   All of the shore impact zones must be included as common space.
      (5)   Common space must not include commercial facilities or uses, but may contain water-oriented facilities.
      (6)   The appearance and use of common space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means acceptable to the city.
   (E)   Stormwater management.
      (1)   All PUDs must develop and maintain a stormwater management plan indefinitely.
      (2)   Capacities of existing drainage ways shall be maintained.
      (3)   Unless specifically allowed by the city, inlets and outlets to adjacent parcels shall be maintained. Flows from outlets shall be maintained unless allowed by the city.
      (4)   All PUDs shall contain the ten-year, 24-hour storm event within the development.
      (5)   Runoff from the parcel shall not be concentrated unless part of a city stormwater management plan.
   (F)   Sanitary sewer and water supply standards.
      (1)   Residential planned unit developments must be connected to publicly owned water supply and sewer systems, when available.
      (2)   Onsite water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the State Department of Health and the State Pollution Control Agency.
      (3)   Onsite sewage treatment systems must be located in a suitable area of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system.
   (G)   Erosion control.
      (1)   All PUDs must develop and maintain an erosion control plan throughout construction activities.
      (2)   Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other techniques must be used to minimize erosion.
      (3)   Steps shall be taken to insure that disturbed ground is restored or stabilized as soon as possible after being disturbed.
   (H)   Exterior lighting. All exterior lighting shall be directed downward. Lighting shall not illuminate parcels adjacent to the PUD, either directly or indirectly.
   (I)   Building standards. Units must be clustered in one or more groups and located on suitable areas of the development. All structures within a PUD must meet the minimum standards.
      (1)   New multi-family dwellings of four units or larger shall be designed by an architect.
      (2)   New multi-family buildings shall meet the State Code for fire and sound ratings.
      (3)   Water systems must be winterized.
      (4)   Parking and driving areas must be paved.
      (5)   All buildings shall be earth tone in color and shall be designed, constructed, and positioned to be compatible, in color, character, and mass with the surrounding land use.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.128 DESIGN CRITERIA FOR EXISTING PUDS.

   (A)   All existing PUDs shall meet the design criteria for a new PUD, where possible.
   (B)   Additional development within an existing PUD shall not bring the PUD further out of compliance with the basic design criteria.
   (C)   Allowances for density increases shall only be made in existing PUDs where new development within the PUD meets the design criteria and specific density increase criteria, and the new development serves to bring the entire PUD closer to conforming with the design criteria.
(Ord. passed 4-10-2017)

§ 150.129 COMPUTING PUD BUILDABLE AREA.

   Buildable area in a PUD is calculated using the following procedure:
   (A)   The project parcel is divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:
 
Shoreland Tier Dimensions
Unsewered (feet)
Sewered (feet)
General develop lakes - first tier
200
200
General develop lakes - second and additional tiers
267
267
Recreational Development - all tiers
267
267
Natural Environment lakes - all tiers
400
320
 
   (B)   The area within each tier is next calculated, excluding all wetlands, bluffs, or land below the ordinary high water level of public waters. This area is then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable base number of dwelling units or sites.
   (C)   Beyond the second tier, all property is classified as “third tier and beyond.”
(Ord. passed 4-10-2017)

§ 150.130 RESIDENTIAL PUDS.

   (A)   Base density. To compute the base density, the buildable area within each tier, as calculated in § 150.235(E), is divided by the single residential lot size standard for the zoning district. This shall yield a base density of dwelling units or sites for each tier.
   (B)   Transferability. Allowable base densities may be transferred from any tier to any other tier further from the shoreland water body or watercourse, but must not be transferred to any other tier closer.
   (C)   Density increases. The city shall allow some dwelling unit or site density increases for residential planned unit developments as provided for in the following.
      (1)   When density increases are allowed, they shall be allowed only in conformance with the following table.
Criteria
Density Increase, Tier 1
Density Increase, Tier 2
Density Increase, Tier 3 and Beyond
Criteria
Density Increase, Tier 1
Density Increase, Tier 2
Density Increase, Tier 3 and Beyond
Connection to city sewer
20%
40%
50%
External vegetative buffer increased to an average of 75 feet
5%
20%
25%
External vegetative buffer increased to an average of 100 feet
10%
40% (not cumulative)
50% (not cumulative)
Maintain 100-year, 24-hour storm event onsite
10%
20%
25%
Open space increased to 40% of total area
5%
20%
25%
Restore and maintain shoreland in its original/natural state
10%
20%
20%
Screening increased to 75% effective
5%
20%
25%
Screening increased to 100% effective
10%
40% (not cumulative)
50% (not cumulative)
Setback from lake increased 50%
5%
10%
10%
Setback from lake increased 100%
10%
20% (not cumulative)
20% (not cumulative)
Notes to table:
Increases are from the base density. Stepped increases do not result in cumulative density increases (e.g., a 75-foot buffer allows a 5% increase in Tier 1. A 100-foot buffer would allow an additional 10% increase in Tier 1 for a total of 15% as shown in the table).
 
      (2)   Increases in unit or site densities shall not exceed the following maximums.
 
Tier
Maximum Density Increase
First
50%
Second
100%
Third and each subsequent tier
200%
 
   (D)   Administration and any maintenance requirements. Prior to final approval of any residential planned unit developments, the city will require adequate provisions developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development as a community.
      (1)   Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers.
      (2)   Each member must pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or sites.
      (3)   Assessments must be adjustable to accommodate changing conditions.
      (4)   The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.
      (5)   Changes to owner’s association must be approved by the city.
(Ord. passed 4-10-2017)

§ 150.131 COMMERCIAL PUDS.

   (A)   Base density. Base density is determined through the following steps.
      (1)   Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space.
      (2)   Select the appropriate floor area ratio from the following table.
Average Unit Floor Area (Square Feet)
Sewered General Development Lakes; First Tier on Unsewered General Development Lakes
Second and Additional Tiers on Unsewered General Development Lakes; Recreational Development Lakes
Natural Environmental Lakes and Streams
Average Unit Floor Area (Square Feet)
Sewered General Development Lakes; First Tier on Unsewered General Development Lakes
Second and Additional Tiers on Unsewered General Development Lakes; Recreational Development Lakes
Natural Environmental Lakes and Streams
1,000
0.108
0.054
0.027
1,100
0.116
0.058
0.029
1,200
0.125
0.064
0.032
1,300
0.133
0.068
0.034
1,400
0.142
0.072
0.036
1,500
0.150
0.075
0.038
Note to table:
For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 1,000 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home with a minimum of the ratio listed for 1,000 square feet.
 
      (3)   Multiply the useable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites.
      (4)   Divide the area computed in division (A)(3) above by the average determined in division (A)(1) above. This yields a base number of dwelling units or sites for each tier. Use 1,000 square feet minimum for a RV or manufactured home.
   (B)   Transferability. Allowable base densities may be transferred from any tier to any other tier further from the shoreland water body or watercourse, but must not be transferred to any other tier closer.
   (C)   Density increases. The city shall allow some dwelling unit or site density increases for residential planned unit developments as provided for in the following.
      (1)   Where density increases are allowed, they shall be allowed only in conformance with the following table.
Criteria
Density Increase, Tier 1
Density Increase, Tier 2
Density Increase, Tier 3 and Beyond
Criteria
Density Increase, Tier 1
Density Increase, Tier 2
Density Increase, Tier 3 and Beyond
Connection to city sewer
20%
40%
50%
External vegetative buffer increased to an average of 75 feet
5%
20%
25%
External vegetative buffer increased to an average of 100 feet
10%
40% (not cumulative)
50% (not cumulative)
Maintain 100-year, 24-hour storm event on site
10%
20%
25%
Open space increased to 40% of total area
5%
20%
25%
Restore and maintain shoreland in its original/natural state
10%
20%
20%
Screening increased to 75% effective
5%
20%
25%
Screening increased to 100% effective
10%
40% (not cumulative)
50% (not cumulative)
Setback from lake increased 50%
5%
10%
10%
Setback from lake increased 100%
10%
20% (not cumulative)
20% (not cumulative)
Note to table:
Increases are from base density. Stepped increases do not result in cumulative density increases (e.g., a 75-foot buffer allows a 5% increase in Tier 1. A 100-foot buffer would allow an additional 10% increase in Tier 1 for a total of 15%, as shown in the table).
 
      (2)   Increases in unit or site densities shall not exceed the following maximums.
 
Tier
Maximum Density Increase
First
50%
Second
100%
Third and each subsequent tier
200%
 
(Ord. passed 4-10-2017)

§ 150.145 PURPOSE AND INTENT.

   The purpose and intent of this subchapter is:
   (A)   To establish predictable and balanced regulations that protect the public health, safety, and general welfare of the city;
   (B)   Facilitate the provision of telecommunications services and facilities, including commercial wireless telecommunication services in the city;
   (C)   Minimize adverse visual effects of towers through careful design standards;
   (D)   Avoid potential damage to adjacent properties from tower or antenna failure and weather related occurrences through structural standards, careful siting, and setback requirements; and
   (E)   Encourage the use of existing towers and buildings to accommodate commercial wireless telecommunication service antennas in order to minimize the number of towers needed to serve the city.
(Ord. passed 4-10-2017)

§ 150.146 PERMITS REQUIRED.

   It shall be unlawful for any person, firm, or corporation to erect, construct in place, place, or re-erect any tower, unless it shall replace a like tower, without first making application to the city and securing a permit. A change in construction, dimension, lighting design, or design type shall also require a permit. The placement of antennas on previously approved towers may be administratively approved by the city.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.147 TOWER AND ANTENNA DESIGN REQUIREMENTS.

   Proposed or modified towers and antennas shall meet the following design requirements.
   (A)   Towers and antennas shall blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities.
   (B)   No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow’s nest, or like structure, except during periods of construction or repair.
   (C)   Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to applicable state structural building standards.
   (D)   Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.
   (E)   Metal towers shall be constructed of, or treated with, corrosive resistant material.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.148 TOWER SETBACKS.

   Towers and all accessory structures or buildings shall conform to the following minimum setback requirements.
   (A)   Towers shall be set back from all property lines and existing structures an amount equal to the height of the structure.
   (B)   Guy wires for towers shall be located no closer than 25 feet to any property line and shall meet the setback of the underlying land use district with respect to the public road right-of-way.
   (C)   Suitable protective anti-climbing fencing, with a minimum height of six feet, shall be provided around any tower and guy wires.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.149 TOWER LOCATION.

   Towers less than 200 feet in height shall be located a minimum of one-half mile from the end of an airport clear zone as measured from the center point of the base of a freestanding tower. Towers that are 200 feet or more in height shall be located a distance of at least three miles from any public or private airport.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.150 CO-LOCATION REQUIREMENTS.

   All commercial wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements.
   (A)   Documentation of the area to be served, including maps demonstrating the size of communication cells and a search ring for the antenna location. A narrative describing a search ring for the request, with not less than one mile radius clearly explaining why the site was selected, what existing structures were available, and why they are not suitable as locations or co-locations.
   (B)   Documentation that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the search ring of the service area due to one or more of the following reasons.
      (1)   The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned equipment at a reasonable cost.
      (2)   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer or qualified radio frequency engineer, and the interference cannot be prevented at a reasonable cost.
      (3)   Existing or approved towers and buildings within the search radius that are 60 feet or over in height that cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified and licensed professional engineer.
      (4)   Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
   (C)   Any proposed tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is over 99 feet in height, or for at least one additional user if the tower is between 35 and 99 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept mounting at varying heights.
   (D)   An agreement stating that the site will be designed for not less than three users with applicant and property owner commitment to collocation, whereby, any prohibition of additional users on a tower will be considered a violation of the permit and city policy. The agreement shall also include a statement that any unused or abandoned tower shall be removed by the property owner and/or applicant. Said agreement shall be signed by the applicant and the property owner and shall be attached to and become a part of the permit.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.151 ANTENNAS MOUNTED ON EXISTING BUILDINGS OR TOWERS.

   The placement of telecommunication antennas, including wireless telecommunication antennas on existing buildings, towers, or structures, shall meet the requirements of the underlying land use district and this section. A site plan and building plan must be submitted to the city as part of the land use permitting process. Where a tower is non-conforming due to the requirements of this section, additional telecommunication antennas may be permitted to be placed on the tower after being reviewed by the Zoning Administrator.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.152 ACCESSORY UTILITY BUILDINGS.

   All buildings and structures accessory to a tower shall:
   (A)   Be architecturally designed to blend in with the surrounding environment and shall meet the height and setback limitations as established for each land use district; and
   (B)   Have ground mounted equipment screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.153 TOWER LIGHTING.

   A tower shall not be illuminated by artificial means and shall not have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration or the Federal Communications Commission or state agency. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.154 ABANDONED OR UNUSED TOWERS.

   Abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. In the event that a tower is not removed within the 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.155 PUBLIC SAFETY TELECOMMUNICATIONS INTERFERENCE.

   Commercial wireless telecommunications services shall not interfere with public safety telecommunications. All applications shall include adequate information that will be reviewed by the Planning and Zoning Commission before a permit may be issued. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the city at least ten calendar days in advance of any changes and allow the city to monitor interference levels during the testing process.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.156 SIGNS AND ADVERTISING.

   The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.157 NON-CONFORMING TOWERS.

   (A)   In order to avoid requiring new towers and to minimize the number of towers needed to serve the city, the following provisions shall apply to non-conforming towers. Telecommunication towers in existence at the time of this chapter may be permitted to increase tower height after being issued a conditional use permit.
   (B)   The Planning and Zoning Commission shall consider the following criteria as part of the conditional use permit process:
      (1)   Tower safety concerns, including tower collapse, falling ice, and airplane traffic;
      (2)   Land use character and history of tower(s);
      (3)   Comparative visual impact to the surrounding lands of the proposed tower height increase;
      (4)   Disturbance or conflict with agricultural uses on the property; and
      (5)   Other factors which tend to reduce conflicts or are incompatible with the character and need of the area.
(Ord. passed 4-10-2017)

§ 150.158 SCREENING AND LANDSCAPING REQUIREMENT.

   A screening and landscaping plan designed to screen the base of the tower, accessory utility buildings, utility structures, and security fencing shall be submitted. The plan shall show the location, size, quantity, and type of landscaping materials. Landscape materials shall be capable of screening all year and must be six feet in height by the end of the second growing season. Gravel or other durable surface, or other weed prevention measures, shall be applied within the fenced area to prevent the growth of weeds. A maintenance plan for landscaped materials shall also be submitted.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.159 ADDITIONAL SUBMITTAL REQUIREMENTS.

   In addition to the information required elsewhere, applications shall include the following information:
   (A)   A report from a licensed professional engineer that describes the commercial wireless telecommunication service tower’s capacity, including the number and type of antennas that it can accommodate;
   (B)   A letter of intent from the commercial wireless telecommunication service tower owner committing the tower owner and successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use;
   (C)   The location of all public and private airports within a three-mile radius of the tower site;
   (D)   Applicant must obtain FAA approval and/or provide documentation that FAA approval is not needed;
   (E)   Applicant must obtain FCC licensure and approval as required for various communications applications. No interference with local television and radio reception will be allowed;
   (F)   An intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems, only if that is the basis for not co-locating;
   (G)   The applicant must submit proof of liability and worker’s compensation;
   (H)   For towers over 500 feet, an environmental assessment worksheet (EAW) is required, and the applicant shall be responsible to provide the city with all information required to complete the EAW prior to the issuance of a permit from the city; and
   (I)   The owner of the tower shall provide the city with an acceptable financial guarantee in an amount equal to one and one-half times the cost to remove the tower and related infrastructure, including footings and other underground improvements to a depth of 36 inches below existing grade, and to restore the site. Failure to remove the structure shall be cause for the city to remove the tower and associated equipment at the expense of the property owners.
(Ord. passed 4-10-2017)

§ 150.160 TOWERS NOT REQUIRING A PERMIT.

   Permits are not required for the following:
   (A)   A satellite earth station antenna four feet in diameter or less, located in an industrial or commercial district, meeting required setbacks;
   (B)   A satellite earth station antenna three feet or less in diameter, meeting the required setbacks; or
   (C)   A tower less than 50 feet, as measured from the ground.
(Ord. passed 4-10-2017)

§ 150.175 PURPOSE AND INTENT.

   (A)   It is the purpose of this subchapter to regulate adult oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to:
      (1)   Prevent additional criminal activity within the city;
      (2)   Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood;
      (3)   To locate adult oriented businesses away from residential areas, schools, churches, and parks and playgrounds; and
      (4)   Prevent concentration of adult oriented businesses within certain areas of the city.
   (B)   The provisions of this subchapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative material, including adult oriented materials. Similarly, it is not the intent nor effect of this subchapter to restrict or deny access by adults to adult oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of adult oriented entertainment to their intended market.
(Ord. passed 4-10-2017)

§ 150.176 APPLICATION.

   (A)   Except as specifically provided in this subchapter, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this subchapter.
   (B)   No adult oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the city, the laws of the state, or the United States of America. Nothing in this subchapter shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or ordinances prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.177 LOCATION.

   During the term of this subchapter, no adult oriented businesses shall be located less than 500 feet from any residential zoning district boundary or site used for residential purposes, nor less than 500 feet from any church site, from any school site, from any day care facility, or from any park which is adjacent to property zoned Residential. In addition, no adult oriented business may be located within 300 feet of another adult oriented business. For purposes of this subchapter, this distance shall be a horizontal measurement from the nearest existing Residential District boundary or site used for residential purposes, church site, school site, day care site, park site, or another adult oriented business site to the nearest boundary of the proposed adult oriented business site.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.178 HOURS OF OPERATION.

   No adult oriented business site shall be open to the public from the hours of 11:00 p.m. to 9:00 a.m.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.179 OPERATION.

   (A)   Offsite viewing. An establishment operating as an adult oriented business shall prevent offsite viewing of its merchandise, which if viewed by a minor, would be in violation of M.S. Chapter 617, as amended from time to time, or other applicable federal or state statutes or local ordinances.
   (B)   Entrances. All entrances to the business, with the exception of emergency fire exits which are not useable by patrons to enter the business, shall be visible from a public right-of-way.
   (C)   Layout. The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing, including, but not limited to, books, magazines, photographs, video tapes, or any other material.
   (D)   Illumination. Illumination of the premises’ exterior shall be adequate to observe the location and activities of all person on the exterior premises.
   (E)   Signs. Signs for adult oriented businesses shall comply with the city code sign restrictions addressed in §§ 150.050 through 150.057, and in addition, signs for adult oriented businesses shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.180 CONSUMPTION OR SALE OF ALCOHOLIC BEVERAGES.

   Adult oriented business shall not be located on the same parcel as, on a parcel adjacent to or within 500 feet of an establishment that serves alcoholic beverages. Sale of alcoholic beverages on a parcel containing an adult use is prohibited. Consumption of alcoholic beverages on a parcel containing an adult use is prohibited.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.181 LICENSES.

   (A)   Licenses required. All establishments, including any business operating at the time this subchapter becomes effective, operating or intending to operate adult oriented business, shall apply for and obtain a license from the city. A person is in violation of the city code if he or she operates an adult oriented business without a valid license issued by the city.
   (B)   Applications. An application for a license must be made on a form provided by the city.
      (1)   The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
      (2)   The applicant must be qualified according to the provisions of this section, and the premises must be inspected and found to be in compliance with the appropriate state, county, and local law and codes by the health official, Fire Marshal, and building official.
      (3)   Application for license shall contain the address and legal description of the property to be used; the names, addresses, phone numbers, dates of birth of the owners, lessee, if any, the operator or manager, and all employees; the name, address, and phone number of two persons, who shall be residents of the state, and who may be called upon to attest to the applicant’s, manager’s, or operator’s character; whether the applicant, manager, or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, complete and accurate information detailing the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating, furnishing, or acquiring the premises, personal effects, equipment, or anything incident to the establishment, maintenance, and operation of the business.
      (4)   If the application is made on behalf of the corporation, joint business venture, partnership, or any legally constituted business association, it shall submit, along with its application, accurate and complete business records showing the names, addresses, and dates of birth of all individuals having an interest in the business, including partners, officers, owners, and creditors furnishing credit for the establishment, acquisition, maintenance, and furnishings of said business, in the case of a corporation, the names, addresses, and dates of birth off all officers, general managers, members of the Board of Directors as well as any creditors who have extended credit for the acquisition, maintenance, operation, or furnishing of the establishment, including the purchase or acquisition of any items of personal property for use in said operation.
      (5)   All applicants shall furnish to the city, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements, and any other documents establishing the interest of the applicant or any other person in the operation, acquisition, or maintenance of the enterprise.
   (C)   Application/applicant disqualification.
      (1)   The license fee required by this subchapter has not been paid.
      (2)   An applicant has been convicted of a crime involving any of the following offenses:
         (a)   Any sex crimes as defined by M.S. §§ 609.29 through 609.352 inclusive, as they may be amended from time to time, or as defined by any ordinance or statute in conformity therewith;
         (b)   Any obscenity crime as defined by M.S. §§ 617.23 through 617.299 inclusive, as they may be amended from time to time, or as defined by any ordinance or statute in conformity therewith, for which:
            1.   Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
            2.   Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or
            3.   Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the conviction is two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-hour period.
      (3)   The fact that a conviction is being appealed from shall have no effect on disqualification of the applicant or applicant’s spouse.
   (D)   Requalification. An applicant who has been convicted of an offense listed in division (C)(2) above, may qualify for an adult oriented business license only when the time period required by division (C)(2) above has elapsed.
   (E)   Posting. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult oriented business. The license shall be posted in a conspicuous place at or near the entrance to the adult oriented business so that it may be easily read at any time.
   (F)   Council action. The City Council shall act to approve or disapprove the license application within 120 days from the date the application was submitted, provided that the application contains all of the information required by this subchapter. If the application is deficient, the Council shall act on the application within 120 days from the date that the deficiency has been corrected. The City Clerk-Treasurer shall notify the applicant of the deficiencies in the application.
   (G)   Appeals. Within 90 days after the decision by the Council, the applicant may appeal to the District Court by serving a notice upon the Mayor or City Clerk-Treasurer.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.182 INVESTIGATION AND ISSUANCE.

   The City Council shall direct the Police Department or County Sheriff to investigate all facts set forth in the application. An advance fee of $500 shall be submitted with the application to defray the city’s costs and expenses with the background investigation. After the background investigation has been completed and all information required by the application has been submitted to the city, the City Council shall determine whether to grant or deny the license application.
(Ord. passed 4-10-2017)

§ 150.183 LICENSE FEES.

   Fees shall be established by City Council resolution on the fee structure.
(Ord. passed 4-10-2017)

§ 150.184 INSPECTION.

   (A)   Access. An applicant or licensee shall permit health officials, representatives of the Police Department, County Sheriff’s Office, Fire Department, Zoning Administrator, and Building Inspection Division to inspect the premises of an adult oriented business for the purpose of ensuring compliance with the law and city code, at any time it is occupied or open for business, in accordance with § 10.20.
   (B)   Refusal to permit inspections. A person who operates an adult oriented business, or his or her agent or employee, commits an offense if he or she refuses to permit a lawful inspection of the premises by health officials, representatives of the Police Department, County Sheriff’s Office, Fire Department, Zoning Administrator, and Building Inspection Division, at any time it is occupied or open for business, in accordance with § 10.20. Refusal to permit inspections may result in the suspension of the license as provided in § 150.186.
   (C)   Exceptions. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for uses as a permanent or temporary habitation.
(Ord. passed 4-10-2017)

§ 150.185 EXPIRATION AND RENEWAL.

   (A)   Expiration. Each license shall expire at the end of the calendar year and may be renewed only by making application as provided in § 150.181(B). Application for renewal must be made at least 60 days before the expiration date, and when made less than 60 days before the expiration date, the expiration of the license will be unaffected.
   (B)   Denial of renewal. When the city denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
(Ord. passed 4-10-2017)

§ 150.186 SUSPENSION.

   (A)   Causes of suspension. The city may suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a licensee has:
      (1)   Violated or is not in compliance with any provision of this subchapter;
      (2)   Engaged in the use of alcoholic beverages while on the adult oriented business premises;
      (3)   Refused to allow an inspection of the adult oriented business premises as authorized by this subchapter in accordance with § 10.20;
      (4)   Knowingly permitted gambling by any person on the adult oriented business premises; or
      (5)   Demonstrated inability to operate or mange an adult oriented business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
   (B)   Notice. A suspension by the city shall be preceded by written notice to the licensee and before a hearing. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensee’s business premises with the person in charge thereof.
(Ord. passed 4-10-2017)

§ 150.187 REVOCATION.

   (A)   Suspended licenses. The city may revoke a license if a cause of suspension in § 150.186 occurs and the license has been suspended within the preceding 12 months.
   (B)   Causes of revocation. The city shall revoke a license if it determines that:
      (1)   A licensee gave false or misleading information in the material submitted to the city during the application process;
      (2)   A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
      (3)   A licensee or an employee has knowingly allowed prostitution on the premises;
      (4)   A licensee or an employee knowingly operated the adult oriented business during a period of time when the licensee’s license was suspended;
      (5)   A licensee has been convicted of an offense listed in § 150.181(C)(2), for which the time period required in § 150.181(C)(2) has not elapsed;
      (6)   On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in § 150.181(C)(2), for which a conviction has been obtained, and the person or person were employees of the adult oriented business at the time the offenses were committed;
      (7)   A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, or masturbation to occur in or on the licensed premises; or
      (8)   A licensee has allowed the sale and/or consumption of alcoholic beverages at the adult oriented business for which a license has been issued herein.
   (C)   Appeals. The fact that conviction is being appealed shall have no effect on the revocation of the license.
   (D)   Granting a license after revocation. 
      (1)   When the city revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult oriented business license for one year from the date the revocation became effective.
      (2)   If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
      (3)   If the license was revoked under division (B)(5) above, an applicant may not be granted another license until the appropriate number of years required under § 150.181(C) have elapsed.
   (E)   Notice. A revocation by the city shall be proceeded by written notice to the licensee and a public hearing. The notice shall give at least ten day’s notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed premised with the person in charge thereof.
   (F)   Transfer of license. A licensee shall not transfer this license to another, nor shall a licensee operate an adult oriented business under the authority of a license at any place other than the address designated in the application.
(Ord. passed 4-10-2017)

§ 150.200 PURPOSE AND INTENT.

   The purpose and intent of this subchapter is:
   (A)   To establish predictable and balanced regulations that protect the public health, safety, and general welfare of the city;
   (B)   Facilitate the provision of wind energy conversion systems in the city;
   (C)   Minimize adverse visual effects of towers through careful design standards; and
   (D)   Avoid potential damage to adjacent properties from wind turbine and/or tower failure and weather related occurrences through structural standards, careful siting, and setback requirements.
(Ord. passed 4-10-2017)

§ 150.201 PERMITS REQUIRED.

   It shall be unlawful for any person, firm, or corporation to erect, construct in place, place, or re-erect any wind energy conversion system, unless it shall replace a like residential wind energy conversion system, without first making application to the city and securing a permit. A change in construction, dimension, lighting design, or design type shall also require a permit.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.202 WIND ENERGY CONVERSION SYSTEM DESIGN REQUIREMENTS.

   Proposed or modified wind turbines shall meet the following design requirements:
   (A)   All above-ground components must be white, grey, or non-obstructive in color;
   (B)   Lighting shall be limited to FAA requirements;
   (C)   Signage shall be limited to appropriate warnings and turbine manufacturing/owner on nacelle;
   (D)   Power lines shall be buried; and
   (E)   Shall be considered abandoned after one year of no production. The owner shall have 90 days for removal after abandonment.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.203 CLEARANCE OF BLADE.

   No portion of the residential wind energy system shall extend within 20 feet of the ground. No blades may extend over parking areas, driveways, or sidewalks.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.204 SETBACKS.

   No part of the wind system structure, including guy wire anchors, may encroach in the normal structure setbacks. Setbacks for the system tower shall be no farther from the property line than the height of the system, provided that it also complies with any applicable fire setback requirements.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.205 AUTOMATIC OVERSPEED CONTROLS.

   All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic overspeed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.206 ADDITIONAL SUBMITTAL REQUIREMENTS.

   In addition to the information required elsewhere, applications shall include the following information.
   (A)   Approved wind turbines.
      (1)   Residential wind turbines must be approved under an emerging technology program, IEC, or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy.
      (2)   Non-certified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.
   (B)   Compliance with Uniform Building Code. Land use permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer. Wet stamps shall not be required.
   (C)   Compliance with FAA regulations. Residential wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
   (D)   Compliance with National Electric Code. Land use permit applications for residential wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer.
   (E)   Utility notification.
      (1)   No residential wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator.
      (2)   Off-grid systems shall be exempt from this requirement.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.215 POLICY.

   Extractive use mining is an important industry in the city and contributes directly and indirectly to the economy of the city. Construction sand and gravel are used in concrete, aggregates, concrete products, asphalt, road base, fill, snow and ice control, and other miscellaneous uses. Peat, black dirt, rock, and other soils are used extensively for landscaping. Other extractive uses are or may be used to a lesser degree in the city.
(Ord. passed 4-10-2017)

§ 150.216 GRAVEL EXTRACTION PERMIT CLASSIFICATIONS.

   (A)   G1. Top soil removal for commercial purposes.
      (1)   Temporary borrow sites incidental to construction.
      (2)   No processing of materials or stockpiling of recyclable bituminous or demolition materials.
      (3)   Extraction and reclamation to occur in same construction season.
      (4)   Peat and humus extraction.
   (B)   G2. All G1 uses.
      (1)   Natural material removal only, no processing, with exception for screening equipment.
      (2)   Site may be used for many years and developed in phases.
      (3)   Site may be used for stockpiling of screened materials.
   (C)   G3. All G1 and G2 uses.
      (1)   Site may include crushing, screening, washing, and processing of bituminous and demolition materials.
      (2)   Stockpiling of recyclable demolition and bituminous can occur.
   (D)   G4. All G1, G2, and G3 uses. Site may include hot mix operations and bituminous reprocessing.
   (E)   G5. All G1, G2, G3, and G4 uses. Site may include redi-mix concrete plant.
(Ord. passed 4-10-2017)

§ 150.217 INTERIM USE PERMIT REQUIRED.

   Extractive uses shall only be allowed as an interim use in those districts indicated in the use classification list in § 150.038. In addition to the general conditions that may be imposed by the Planning Commission/Board of Adjustment, the specific conditions in this subchapter shall apply to conditional use permits.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.218 APPLICABILITY.

   (A)   The standards in this subchapter shall apply to extractive uses in all land use districts where such uses are allowed.
   (B)   All forms of extractive use shall be subject to the provisions of this subchapter, including, but not limited to, gravel, sand, topsoil, quarry rock, mineral, peat, humus, sub-surface insitu-leach extraction, petroleum, and any other similar uses in which material is removed from the ground, except for the following: Personal non-commercial extractive use by the owner of the land on which the extractive use takes place is exempt from permitting requirements, but are subject to restoration requirements in this section within one year of suspension of extraction activities if the site is visible from the public road.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.219 ADDITIONAL CUP INFORMATION AND REVIEW CRITERIA.

   An interim use permit is required for all new extractive uses, with the exception of the owner’s extractive use for personal/non-commercial purposes. As part of the interim use permit, an operation permit shall be required. In addition to the application, information, and review criteria for a general conditional use permit in this section, the following specific requirements shall be met for an extractive use conditional use permit.
   (A)   Operation permit required. It shall be required as part of the approval of the interim use permit for an extractive use that an operation permit be issued. The operation permit shall not run with the land. The operation permit will be for a specific operator and for a specific time limit reviewed annually.
   (B)   Specific evaluation criteria. In addition to the general criteria for evaluating an interim use permit in § 150.284, the following specific criteria shall be used in evaluating an application for an extractive use conditional use permit:
      (1)   The ability of roads to handle extractive related traffic;
      (2)   Air quality, dust and noise control measures, and ability to limit impact upon any adjacent residential properties according to MPCA standards;
      (3)   Groundwater protection;
      (4)   Property controlling access;
      (5)   Control of erosion and sedimentation;
      (6)   Impact within watershed;
      (7)   In harmony with the Comprehensive Plan; and
      (8)   Compatibility with adjacent and surrounding land use, zoning patterns, and patterns of development.
   (C)   Application information. In addition to the general application information for an interim use permit in § 150.284, the following specific application information shall be provided by the applicant for an extractive use interim use permit:
      (1)   A written description of the extractive use and operation thereof, including GPS coordinates;
      (2)   Amount of truck activity at highest and average levels; ADT (average daily total) counts;
      (3)   Dust control measures;
      (4)   Buffer area, on all sides of the operation;
      (5)   Hours of operation, along with duration of proposed activity;
      (6)   Truck routes to and from site;
      (7)   Types of barriers established, if necessary, for safety of people and livestock by the active area of excavation;
      (8)   Property line location, and full legal description of the site and easement documentation;
      (9)   Reclamation plans;
      (10)   Plans for screening from adjacent properties;
      (11)   Plans for drainage from the site;
      (12)   Long range plans for the site, phase development, and reclamation;
      (13)   Anticipated vegetative and topographic alterations;
      (14)   Proposed mitigation of effects on wildlife;
      (15)   Erosion and stormwater control plan;
      (16)   Proposed mitigation for cultural and/or archaeological sites;
      (17)   Noise abatement plan; and
      (18)   A description of all land uses within one-mile radius of the proposed extraction site.
   (D)   Site plan. In addition to the general application information for an interim use permit in § 150.284, the following site plan information shall be provided by the applicant for an extractive use conditional use permit:
      (1)   Location of all extractive use operations;
      (2)   Horizontal and vertical dimensions of the extractive site;
      (3)   All setbacks from roads and adjacent property lines;
      (4)   Location, size, and use of all structures on the parcel;
      (5)   Location of all adjacent structures and their uses within one-quarter of a mile;
      (6)   Area of excavation or phases of proposed excavation;
      (7)   Extent of vegetation in buffet area;
      (8)   All lakes, streams, and wetlands on property;
      (9)   Location of proposed stock piles or slag piles;
      (10)   Location of reclamation materials;
      (11)   Depth to saturated soil and average water table depth;
      (12)   All wells, both proposed and existing, all water sources and discharge sites; and
      (13)   USGS topographical map of the area delineating the site boundaries and access road.
   (E)   DNR permit. If applicant excavates into groundwater or below, a permit must also be obtained from the State DNR or other statutory regulatory agencies, pursuant to M.S. § 103G.245, as amended from time to time. Copy of permit shall be on file prior to commencement of operations.
(Ord. passed 4-10-2017)

§ 150.220 REQUIRED CONDITIONS FOR EXTRACTIVE USES.

   In addition to the general conditions that may be imposed on an interim use permit in § 150.284, the following specific conditions shall be imposed on conditional use permits for extractive uses.
   (A)   Buffer area. A 50-foot buffer area, and additional area needed to maintain a three-to-one slope, shall be established between the extractive use site and the property line containing the extractive use. This buffer area may be altered through a written agreement with the adjacent property owner. Proof of the agreement shall be filed with the city and recorded with the County Recorder and specifically shall state what activities may take place in the buffer area. Without such agreement, the buffer area may be used under the following circumstances.
      (1)   The buffer area may contain the haul road if it is determined by the city that for safety purposes, the extractive site access needs to be within the buffer area.
      (2)   The haul road may also be placed in the buffer area to avoid wetlands.
   (B)   Depth to groundwater separation. The applicant must indicate depth to groundwater table in plan. Boring may be required. A minimum separation of one foot above the groundwater table must be maintained unless permit is on file.
   (C)   Reclamation during operation. All slopes shall be stabilized, equipment and structures removed, topsoil properly placed, and permanent seeding established, banks rounded, and other reclamation actions completed on an ongoing basis.
      (1)   Slope the banks at a minimum of three-to-one and otherwise properly guard and keep any pit or excavation in such condition so as not to be dangerous from caving or sliding banks.
         (a)   The tops of banks shall be rounded to conform to the surrounding topography.
         (b)   Properly drain, fill, or level any excavation, after created, so as to make the same safe and healthful as the Planning Commission/Board of Adjustment shall determine.
      (2)   All trees, brush, stumps, and any other debris removed for the sole purpose of operation of an extractive use site shall be disposed of in a manner acceptable to the Fire Warden and the local Solid Waste Department, A copy of the letter of acceptance shall be filed with the city. In no case shall vegetation from over a ten-acre area be kept on the property unless it is burned or buried.
      (3)   Keep any extractive use, excavation, or impounded waters within the limits for which the particular permit is granted.
      (4)   Before any permit is issued, the applicant must submit a reclamation plan for approval by the city. The plan shall meet the following minimum reclamation standards.
         (a)   Reclamation of the site within one year of the expiration of the operator permit. All buildings, structures, and plants incidental to such operation shall be dismantled and removed by, and at the expense of, the extraction operator last operating such buildings.
         (b)   The peaks and depressions of the area shall be graded and backfilled to a surface which will result in a topography in generally substantial conformity to the land area immediately surrounding, and which will minimize erosion due to rainfall. No finished slope shall exceed a three-to-one slope ratio.
         (c)   Reclaimed areas shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to be seeded with compatible plants.
         (d)   Such required topsoil shall be planted with legumes and grasses. Trees and shrubs may also be planted, but not as a substitute for legumes and grasses. Such planting shall adequately retard soil erosions, and be based on SWCD recommendations.
         (e)   Extractive use sites may also be reclaimed for wetland mitigation or creation and, if it is the intent of the operator to reclaim in that manner, it must be done pursuant to a plan approved by the city.
         (f)   Reclamation must occur within one year of the cease of operation.
      (5)   Interim use permits for extractive uses shall be reviewed by staff every two years at no additional cost to the applicant.
      (6)   The extractive use operation shall not adversely affect the quality or quantity of surface or subsurface water resources as defined by MPCA, DNR, USACOE, or MDH. Surface water originating outside and passing through the extraction district shall, at its point of departure from the mining site, be of equal quality to the water at the point where it enters the mining site. The mining operator shall perform any water treatment necessary to comply with this provision.
      (7)   No processing equipment, such as screening, crushing, washing plants, and the like may operate closer than 1,000 feet to a residence in existence at time of application unless the written consent of the resident is on file with the city.
      (8)   Hours of operation shall be set by the Planning Commission/Board of Adjustment.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.221 PERFORMANCE SECURITY.

   The Planning Commission/Board of Adjustment shall require performance security, as specified in § 150.290, in an amount sufficient to pay all costs associated with restoration of the extractive use site.
(Ord. passed 4-10-2017)

§ 150.235 MANUFACTURED AND PRE-BUILT HOUSING DEVELOPMENT.

   (A)   General. Manufactured housing development shall be considered a form of PUD and administered as a conditional use in the zoning district where said use is allowed. Development of this type creates a heavy demand and reliance on municipal type facilities, including roads, sewer, water, and fire protection. In addition, these developments are often the most dense in a community requiring heavier streets, more public recreation facilities, and nearby shopping.
   (B)   Minimum standards.
      (1)   A State Department of Health permit shall be required.
      (2)   Parcel size shall be a minimum of 20 acres.
      (3)   At least two acres shall be set aside for parks and recreation.
      (4)   Minimum individual lot dimensions shall be 60 feet by 140 feet.
      (5)   At least 20% of the land shall be in common ownership not used for individual lots.
      (6)   The common roadway area, where private, shall be a minimum of 40 feet wide with a 24-foot wide bituminous surfaced road.
      (7)   There shall be a minimum of two and a maximum of three parking spaces for each unit.
      (8)   Each unit shall be a minimum of 640 square feet.
      (9)   All units must be skirted, unless placed on an enclosed foundation.
      (10)   Landscaping shall be required as per the direction of the Planning Commission.
      (11)   When served by public utilities, there shall be individualized sewer, water, and electrical connection for each site.
      (12)   Solid waste storage and removal shall be centralized within the development and shall be the responsibility of the owner of the development.
      (13)   Each unit must meet the requirements of the State Building Code, HUD standards, and M.S. §§ 327.15 through 327.35, as they may be amended from time to time; and shall be no older than five years at time of installation, and have the required state seal attached.
      (14)   Sufficient storm shelter shall be provided to accommodate all residents of the development.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.236 CAMPGROUNDS/CAMPSITES.

   (A)   General. Campgrounds/RV parks shall be considered a form of planned unit development and administered thereunder as conditional uses in the zone where said use is allowed, except no density increases will be considered.
   (B)   Minimum parcel size. No campground or recreational vehicle park shall be allowed on a parcel of less than ten acres.
   (C)   Dwelling site requirements. The dwelling sites must conform to the State Department of Health standards and the following:
      (1)   Campsites or recreational vehicle sites shall have a minimum of 3,000 square feet designated for each family unit, with a minimum of 40 feet, center to center;
      (2)   A strip of land with a minimum width of 40 feet shall be reserved for a service road adjacent to each of the designated sites;
      (3)   Parking shall be off the road;
      (4)   Recreational facilities as determined by PUD;
      (5)   A water system capable of providing 100 gallons per site, per day, at 20 psi at the most remote fixture for RV sites, or within 400 feet of each campsite for non-RV sites;
      (6)   Conforming onsite sewage collection and disposal system sized for 100 gallons per campsite, per day;
      (7)   Solid waste facilities consisting of one 30 gallon can for each four campsites or one dumpster for each 20 sites, constructed to prevent overturning or cover removal by animals, and screened;
      (8)   Firepit for each campsite;
      (9)   Campsites for recreational vehicles shall have sewer connection, water connection, and electric connection, or recreational vehicles shall be self-contained, and a wastewater disposal station for the first and each 100 such vehicles at least 50 feet from the nearest campsite shall be provided;
      (10)   Drinking water and restroom facilities with showers shall be provided, all within 400 feet of every site not served with full facilities;
      (11)   Grass or other complete ground cover shall be maintained, except in parking areas and roads;
      (12)   Evidence shall be provided, prior to final approval, that the licenses and approval process of the State Department of Health has been adhered to;
      (13)   All sites shall be well drained; and
      (14)   Sufficient storm shelter shall be provided to accommodate all occupants of the campground.
   (D)   Submission requirements. The submission requirements for a campground shall be the same as PUDs, except as determined not applicable by the Zoning Administrator.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.237 HOME OCCUPATION.

   (A)   General. Each home occupation in the city shall require a permit. Home occupation permits are not transferable to a new owner/renter/occupant, thus the permit will not run with the property, nor be transferable to a different property.
   (B)   Standards.
      (1)   All business activities, including storage, shall be inside buildings or completely screened from adjacent properties.
      (2)   All activities shall be clearly incidental to the use of the property for residential purposes. Not more than 25% of the gross floor area of the residence or 50% of the gross floor area of a garage or storage building shall be used for commercial purposes.
      (3)   No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless said occupation is contained entirely within the principal building and will not require any on-street parking facilities.
      (4)   Not more than two non-residents may be employed on the premises by the home occupation.
      (5)   On the premises, retail sales will be allowed only of products manufactured on those premises unless specifically authorized by conditional use permit.
      (6)   No articles for sale shall be displayed so as to be visible from the street.
      (7)   All activities will be controlled to prevent nuisance problems of noise, vibration, smoke, dust, fumes, or litter.
      (8)   The home occupation shall not generate more than two customer vehicles at one time. Off-street parking shall be provided, but no more than two spaces.
      (9)   No mechanical or electrical equipment shall be used if the operation of such equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.
      (10)   A person having a home occupation shall provide proof of meeting the requirements of this division (B) upon request by the city.
   (C)   Yard sales/garage sales. Yard sales and garage sales do not require a home occupation permit so long as they do not exceed seven cumulative days in one calendar year.
   (D)   Private automobile sales. One automobile displayed for sale on a property shall not require a home occupation permit so long as not more than two automobiles are sold over 30 cumulative days per calendar year.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.238 AUTO SALVAGE YARDS/JUNKYARDS.

   (A)   Auto salvage yards are to be allowed only as a service to the community. No more than two will be allowed within the city limits.
   (B)   Such facilities are subject to the following, in addition to CUP criteria and conditions.
      (1)   Onsite sales are allowed along with parts salvage.
      (2)   Fencing/screening sufficient to prevent the facility and all salvaged materials from being seen from a public roadway or adjacent property shall be provided.
      (3)   A defined perimeter must be approved and maintained.
      (4)   The facility shall not be located within a drainage way or wetland.
      (5)   Landscaping, in addition to the required screening, may be required by the Planning and Zoning Commission.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.239 LANDFILLS.

   (A)   Landfills are not allowed in the city due to the close proximity to the lakes and streams. The county has the responsibility for this service.
   (B)   Disposal of trees, stumps, rock, brush, and other natural products by burying is allowed on construction sites as determined by the permit.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.240 OUTDOOR WOOD BURNING FURNACES.

   (A)   All outdoor wood burning furnaces shall be set back at least 100 feet from all property lines and at least 300 feet from the nearest occupied building not served by an outdoor wood burning furnace.
   (B)   The minimum height for any outdoor wood burning furnace shall meet or exceed the manufacturer’s guidelines.
   (C)   All outdoor wood burning furnaces installed after the effective date of this chapter shall be EPA Phase II qualified.
   (D)   Only the following materials may be burned in the wood burning furnaces: biomass pellets, corn, firewood, and clean, untreated lumber, or other wood products prepared or cut to length appropriate for burning.
   (E)   All requirements for installation and maintenance shall be met, including, but not limited to, local, state, and federal regulations and manufacturer’s specifications.
   (F)   If the use of an outdoor wood burning furnace creates a human health hazard or a public nuisance as determined by the Zoning Administrator or other authorized agent of the city, continued use of said outdoor wood burning furnace shall be prohibited until all necessary corrections have been made to the satisfaction of the city.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.241 KEEPING OF CHICKENS.

   (A)   Purpose of chickens. It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also be a rewarding pastime. Therefore, it is the purpose and intent of this section to permit the keeping and maintenance of chicken hens for eggs and meat sources in a clean and sanitary manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the community.
   (B)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      AT LARGE. A chicken out of its chicken run, off the premises, or not under the custody and control of the owner.
      CHICKEN. A female chicken or hen.
      CHICKEN COOP. A structure providing housing for chickens, made of wood or other similar materials, that provides shelter from the elements.
       CHICKEN RUN. A fenced outside yard for the keeping and exercising of chickens.
      OWNER. The resident, property owner, custodian, or keeper of any chicken.
      PREMISES. Any platted lot or group of contiguous lots, parcels, or tracts of land.
   (C)   Permit. No person shall maintain a chicken coop and/or chicken run in the residential districts unless granted a permit by the city. The permit shall be subject to all terms and conditions of this section and any additional conditions deemed necessary by the city to protect the public health, safety, and welfare. The necessary permit may be obtained from the City Clerk-Treasurer’s office and shall be valid for three years. Included with the information required prior to issuance of the permit must be a scaled diagram that indicates the location of any chicken coop and run, and the approximate size and distance from adjoining structures and property lines. A permit for the keeping of chickens may be revoked or suspended by the Council for any violation of this section following written notice and a public hearing.
   (D)   General permit requirements. In the case of rental residential property, including multi-family residential property, written permission must be given by the property owner for a tenant to keep or harbor chickens on said residential premises. It is unlawful for any person to own, control, keep, maintain, or harbor hen chickens on any premises in the R-1 and R-2 Zoning Districts within the city unless issued a permit to do so as provided herein.
      (1)   The keeping of chickens shall not be allowed on properties within the R-1 and R-2 Zoning Districts of less than one-quarter acre in size. No permit shall be issued for the keeping or harboring per the following maximum numbers:
         (a)   Tier I consisting of one to six chickens: minimum one-quarter acre;
         (b)   Tier II consisting of seven to 12 chickens: minimum one-half acre; and
         (c)   Tier III consisting of 13 to 20 chickens: minimum one acre.
      (2)   The keeping of any poultry besides hen chickens is prohibited in all zoning districts.
      (3)   All chicken coops and runs must meet the setback requirements of the Building and Zoning Codes. If applicable, an electrical permit is required.
      (4)   No person shall keep roosters or adult male chickens on any property within the city.
      (5)   Chickens are specifically limited to the following designated zoning districts: AG, RR, R-1, and R-2.
      (6)   Permits may be revoked due to cruelty to the chickens, if the chickens become a nuisance, or any violation of non-compliance of this section.
      (7)   Outdoor slaughtering of chickens in the R-l and R-2 Zoning Districts is prohibited.
      (8)   Chicken fighting shall not be allowed anywhere within the city limits.
      (9)   Chickens shall not be housed in a residential house.
      (10)   Chickens must be confined at all times in a chicken coop or chicken run. Chicken coops and chicken runs shall comply with the following requirements:
         (a)   Located in the side or rear yard;
         (b)   The shelter shall be located closer to the chicken owner’s dwelling than to any of the neighboring dwellings;
         (c)   Any mobile coop or rolling coop must meet all of the required setbacks at all times;
         (d)   Meet the setback of at least 25 feet from any residential dwelling on any adjacent lot and at least ten feet from the property line;
         (e)   Coops must provide protection from the weather and predators;
         (f)   A minimum of one nest box per four to five birds. Chickens like to be up high, so a place for them to roost is important;
         (g)   There should be a well insulated area with a light bulb or heat lamp for the winter months as well as ventilation for fresh air; and
         (h)   A minimum of four square feet per bird, including outdoor space, is required. Coop must not exceed ten square feet per chicken in size and must not exceed eight feet in total height.
      (11)   Chicken coops must either be:
         (a)   Elevated with a clear open space of at least 24 inches between the ground surface and framing/floor of the coop; or
         (b)   The coop floor, foundation, and footings must be constructed using rodent-resistant construction.
   Example of simple coop design for up to 16 hens from Storey’s Guide to Raising Chickens.
      (12)   Chicken feed must be kept in an enclosed, rodent-proof container.
      (13)   (a)   All premises in which chickens are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. The coop and its surroundings must be cleaned frequently enough to control odor.
         (b)   Manure shall not be allowed to accumulate in any way that causes an unsanitary condition or causes odors detectible on another property.

§ 150.242 TEMPORARY FAMILY HEALTH CARE DWELLINGS.

   Pursuant to authority granted by M.S. § 462.3593, Subd. 9, as amended from time to time, the city opts out of the requirements of M.S. § 462.3593, as amended from time to time, which defines and regulations temporary family health care dwellings.
(Ord. passed 4-10-2017)

§ 150.255 SKETCH PLAN.

   A sketch plan shall contain the following data:
   (A)   Existing conditions.
      (1)   Approximate exterior boundary drawn to a scale of not less than one inch equals 100 feet with the scale and northerly direction shown thereon;
      (2)   Indication of floodplains, wetlands, slopes over 12%, bluffs, tree cover, and ordinary high water mark;
      (3)   Use of adjoining properties, including street locations, structure locations, and property lines;
      (4)   Significant historical sites;
      (5)   Approximate locations of existing structures;
      (6)   Approximate locations of existing wells and sewage treatment systems;
      (7)   Location by section, town, and range with small scale sketch showing location; and
      (8)   The existing zoning classification and the zoning classification of adjacent parcels.
   (B)   Proposed design.
      (1)   Proposed roads and walkways;
      (2)   Proposed lots with building setbacks and bluff impact zones;
      (3)   Proposed green space; and
      (4)   Proposed city sewer and water system connections or sewage treatment systems and well locations.
(Ord. passed 4-10-2017)

§ 150.256 PRELIMINARY PLAT, PRELIMINARY CONDOMINIUM PLAT, OR METES AND BOUNDS SUBDIVISION RESULTING IN AT LEAST ONE PARCEL LESS THAN TEN ACRES.

   A preliminary plat, preliminary condominium plat, or metes and bounds subdivision resulting in at least one parcel less than ten acres shall contain the following data (except as waived in advance by the Planning Commission), along with other reasonable information required by the Commission to make a proper evaluation of the proposal:
   (A)   Existing conditions.
      (1)   Boundary lines with lengths and bearings drawn to exact scale of no less than one inch equals 100 feet taken from a boundary survey by a registered land surveyor with the legal description of the property, total acreage, name of the fee owner, developer, and surveyor. North arrow and scale;
      (2)   Topography consisting of two-foot contour intervals, or, at the discretion of the Planning Commission during the sketch plan review, ten-foot contour intervals taken from USGS mapping with additional field determined spot elevations added to define drainage ways, 100-year floodplains, wetlands, slopes, and the ordinary high water mark. Near-shore aquatic conditions, including depths, types of bottom, sediments, and aquatic vegetation;
      (3)   Tree cover limits, specimen tree locations;
      (4)   Soils as determined by hand borings on a random basis, to determine depth to groundwater at lower elevations and suitability for sewage treatment systems. At least one boring for each unit unless waived by the Planning Commission;
      (5)   Location of adjoining streets, wetlands, structures, and property lines within 200 feet of subject parcel, including acreage of any property owned by the developer not included in the preliminary plat;
      (6)   Significant historical sites;
      (7)   Significant wildlife habitat areas;
      (8)   Endangered, threatened, rare, or critical species, both flora and fauna;
      (9)   Date of boundary survey, topography, and proposed plat;
      (10)   Layout of existing streets, walkways, driveways, blocks, lots, and structures drawn to the same scale;
      (11)   Locations of existing wells and sewage treatment systems;
      (12)   Location by section, town, and range with small scale sketch showing location within the city; and
      (13)   The existing zoning classification and the zoning classification of adjacent parcels.
   (B)   Proposed design.
      (1)   Layout of proposed streets, walkways, driveways, blocks, lots, and buildings if known, drawn to same scale as existing data;
      (2)   Dimensions scaled to nearest five feet of all lot lines, street widths, easement widths, and lakeshore lengths;
      (3)   Buildable areas of proposed lots;
      (4)   Structure setback lines from streets, lot lines, and ordinary high water mark and a designation of the buildable area on the parcel;
      (5)   Proposed green space with area shown;
      (6)   Proposed public dedication areas other than streets or walkways with the area shown;
      (7)   Proposed city sewer or water system connections and extensions, existing and proposed, with grades shown;
      (8)   Potential locations and estimated depth to water table for all proposed onsite sewage disposal systems, two per lot;
      (9)   Information regarding adequacy of domestic water supply;
      (10)   Proposed storm drainage system and erosion control, both during and after construction activities;
      (11)   Proposed street standards and profiles;
      (12)   Potential principal structure and accessory structure locations and elevations;
      (13)   Extent of anticipated vegetation and topographic alterations;
      (14)   Proposed covenants;
      (15)   Name of subdivision and proposed street names, which shall not duplicate or be alike another plat previously recorded; and
      (16)   Stages of development proposed.
   (C)   Authority. Evidence of authority to subdivide the parcel consisting of fee ownership or written concurrence of fee owners.
   (D)   Cost/benefit analysis. An analysis of the ongoing cost to the city to provide services and maintenance to the development shall be prepared using a form provided by the city. This cost shall be compared on the same form to the estimated increased valuation of the property and the corresponding tax revenue. The development shall not be approved if public subsidy is required for ongoing services and maintenance.
(Ord. passed 4-10-2017)

§ 150.257 FINAL PLAT OR FINAL CONDOMINIUM PLAT.

   A final plat or final condominium plat shall contain all elements required by this chapter and M.S. Chapters 505, 515A, or 515B respectively, as they may be amended from time to time, and the State Plat Manual, including, but not limited to, the following:
   (A)   Conformance with approved preliminary plat or agreed upon portion thereof;
   (B)   Design standards in conformance with this chapter;
   (C)   Preparation by a registered land surveyor. Signatures of the Mayor, Clerk-Treasurer, County Auditor, County Treasurer, and all parties with legal interest in the fee ownership of the land;
   (D)   Dedication to the public of easements, rights-of-way, walkways, and land to become public;
   (E)   Drainage and utility easements over natural drainage ways and significant wetlands;
   (F)   Reservation of private streets in outlots;
   (G)   Covenants shall be filed concurrently with the plat and shall be required to create an association of homeowners if a privately maintained cluster sewer or water system is proposed for subdivision.
      (1)   The association shall consist of all benefitted lot owners.
      (2)   The association shall be responsible for all costs of maintenance and replacement.
      (3)   The costs shall be uniformly divided by lots served.
      (4)   The costs shall be lienable against the lots by the association if payment is not forthcoming.
      (5)   The status of the facility shall be clearly stated as subject to perpetual private maintenance.
      (6)   Provisions shall be made for emergency access or emergency maintenance by the city with subsequent reimbursement by the association.
   (H)   Concurrent documents:
      (1)   Title opinion, less than 60 days old, acceptable to the City Attorney and showing conformance with those parties represented by signature on the plat as holding interest in the property being divided;
      (2)   Financial security acceptable to the City Attorney in the amount of 125% of the cost estimated by the City Engineer for the uncompleted required improvements; and
      (3)   Development contract acceptable to the City Attorney, if required.
(Ord. passed 4-10-2017)

§ 150.258 DESIGN LAYOUT STANDARDS; MINIMUM.

   The following design standards shall be considered minimum acceptable requirements in the review of the proposed subdivision by the Zoning Administrator, City Attorney, City Engineer, Planning Commission, and Council, except as waived by variance approved by the Board of Adjustment.
   (A)   The land shall be properly zoned and suitable in its natural state for the intended purpose with minimal alteration required. Land subject to flooding, land below the ordinary high water mark, wetlands, areas with high water table, bluffs, lands with slopes exceeding 12%, or land containing other significant constraints upon future intended usage, shall not be considered in the minimum size of a lot. The suitability analysis for each lot shall also consider soil and rock formations with severe limitations for development, severe erosion potential, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.
   (B)   All non-conforming structures and uses shall be brought into conformity during the subdivision process, except as specifically waived by motion of the Planning Commission.
   (C)   Each lot shall be adjacent to public sewer or shall have a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment sewage systems.
   (D)   Provisions for water-based recreation where near-shore aquatic conditions are unsuitable for direct access.
   (E)   Lot areas and dimensions shall conform to the requirements of the Zoning Ordinance, without variance.
   (F)   Lot layouts shall be compatible with the existing layout of adjoining properties and/or shall not constrain the future development of adjacent properties if those properties were to be developed as per this chapter.
   (G)   Side lot lines shall be substantially at right angles to straight road lines or radial to curved road lines, radial to lake or stream shores, and shall not contain bends or jogs unless topographic conditions necessitate a different arrangement. Existing structures shall not be construed to be a topographic condition.
   (H)   Each lot shall have a minimum of 33 feet of frontage on a designated right-of-way. Commonly owned property or green space used for access in a planned unit development shall have a minimum of 33 feet of frontage on a public right-of-way.
   (I)   Proposed streets shall conform to the adopted road plan of the city, county, and state highway plans and existing boundary conditions.
      (1)   Streets shall be related to the topography so as to produce useable lots and reasonable gradients not in excess of 10% for collector roads and 12% for minor roads.
      (2)   Public access shall be given to adjacent properties unless the topography clearly indicates future connection is not feasible.
      (3)   When parcels abutting arterial or collector roads are subdivided, no new access points shall be created unless an equal number of access points are removed, unless access points are created not less than 500 feet apart, in which case, there shall be no limit on the number of accessed allowed.
      (4)   Half streets or connections of half streets to partial streets without providing for the full required right-of-way will not be permitted.
      (5)   Streets will be designed as collectors or local streets in accordance with the city road plan.
      (6)   The number of streets that terminate without a through connection shall be minimized, and the street connected to a cul-de-sac (turnaround) shall not exceed 1,200 feet in length.
      (7)   Access shall be given to all adjacent properties when required by the Planning Commission. All streets intended to be extended to adjoining property shall be provided with a temporary cul-de-sac with the sides on a temporary easement, which will revert to the adjoining lot owner when released by the city. Landlocked areas shall not be created.
      (8)   (a)   Right-of-way shall be dedicated to the public:
 
Arterials
100 feet or as determined by the county
Collectors
66 feet
Cul-de-sac (turnaround)
68-foot radius
Local streets
66 feet
 
         (b)   Additional right-of-way may be required to promote public safety and convenience if special conditions require, such as intersections, sight lines on corners, or excessive cut or fill sections.
      (9)   Intersections.
         (a)   Street centerlines shall intersect at not less than 75 degrees.
         (b)   Street jogs shall be no less than 200 feet from centerline to centerline.
         (c)   Gradients at intersections and for 50 feet approaching on each side of an intersection shall not exceed 2%. The approach shall contain no grades greater than 7% for 200 feet on each side of the intersection.
      (10)   Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones.
      (11)   Street names shall conform to the pattern of the city and continue an existing name on the same alignment, where determined applicable by the Planning Commission. Street names shall be coordinated with the County Surveyor’s Office.
   (J)   Easements shall be provided for public utilities or drainage where required by the Planning Commission and shall be following widths, minimum:
 
Drainage way
10 feet
Electrical, telephone, or cable television
10 feet
Sanitary sewer
40 feet
Storm sewer
20 feet
Watermain
20 feet
 
   (K)   Lots requiring variances to allow their use for the intended purposes or requiring holding tanks for sewage shall not be allowed.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.259 SURVEY STANDARDS.

   Survey standards shall be those required by M.S. Chapter 505, as it may be amended from time to time, including the placement of all monuments, including block corners, lot corners, curve points, and lake survey line points on lot lines. All U.S., state, county, and other official bench marks, monuments, or triangulation points in or adjacent to the proposed subdivision shall be preserved in position unless relocation is approved by the controlling agency.
(Ord. passed 4-10-2017)

§ 150.260 STREET IMPROVEMENT STANDARDS.

   All streets within the subdivision shall be constructed by the subdivider or otherwise provided for by agreement in a development contract between the subdivider and the City Council with all expenses borne by the subdivider. Local streets and collector streets shall be constructed according to the established minimum standards and shall be approved by the City Engineer.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.261 SANITARY PROVISION STANDARDS.

   No land shall be subdivided for building purposes unless two adequate sites are available on the newly created lot for a conforming onsite sewage treatment system, or the subdivider constructs a cluster system serving the lots to be owned and maintained by a property owner’s association, or the lot is provided with sanitary service by a municipal sewer system at the expense of the subdivider.
   (A)   A municipal sewer system shall be extended to the lot at the subdivider’s expense by agreement in a development contract between the subdivider and the City Council if the existing system is adjacent to the parcel being subdivided or reasonably close in the opinion of the Engineer and Planning Commission or if the density of the proposed development necessitates a municipal sewer connection. The sewer shall also be extended to the exterior boundary of the subdivision at locations designated by the Engineer.
   (B)   Onsite systems or cluster onsite systems shall conform to State Pollution Control Agency standards, Individual Sewage Treatment Systems Standard, Minn. Rules Chapter 7080, as it may be amended from time to time, and provide for two treatment sites for drain fields.
   (C)   Municipal sewage facilities shall be designed by a Registered Engineer, approved by the City Engineer, approved by the State Pollution Control Agency, and installed according to “Standard Utilities Specifications,” City Engineer’s Association of the state.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.262 WATER SUPPLY STANDARDS.

   (A)   The subdivider shall be responsible to provide the proposed subdivision with adequate spacing between building sites, onsite sewage disposal sites, and potential well locations to allow the well installations in conformance with the City Zoning Ordinance requirements, or the subdivider shall provide the lot with a cluster water supply system to be owned and operated by a property owner’s association, or the subdivider shall provide municipal water service to the lot.
   (B)   A municipal water system shall be extended to the lot at the expense of the subdivider by agreement in the development contract between the subdivider and the Council if the existing municipal system is adjacent to the parcel being subdivided or reasonably close, in the opinion of the engineer and Planning Commission, or if the density of the proposed development necessitates a municipal water connection. The watermain shall also be extended to the exterior boundary at locations designated by the Engineer.
   (C)   Onsite wells or cluster water systems shall conform to the State Department of Health Rules and Regulations MHD 210-230 “Water Well Construction Code,” and the cluster system shall receive the approval of the City Engineer.
   (D)   Municipal water facilities shall be designed by a registered engineer, approved by the City Engineer, approved by the State Department of Health and installed according to “Standard Utilities Specifications,” City Engineer’s Association of the state.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.263 DRAINAGE/GRADING STANDARDS.

   The subdivider shall consider the retention of natural stormwater/snowmelt drainage patterns in the design of his or her proposed subdivision. The subdivider shall be responsible to provide adequate drainage facilities for this development and upstream properties.
   (A)   All subdivisions shall demonstrate provisions for adequate surface or subsurface runoff of stormwater and snow melt directed to natural drainage ways.
   (B)   All natural drainage ways draining properties upstream from the subject property shall be identified and preserved, and no structures shall be less than one foot above the water level in the drainage way created by a storm of a 100-year, 24-hour rain event. No filling of areas inundated by the 100-year, 24-hour rain event shall be allowed.
   (C)   Additional runoff for a 100-year, 24-hour rain event from all streets and building sites at build-out shall be accounted for and maintained within the development.
   (D)   Natural or human-made storage areas shall be utilized where needed and shall be designated by drainage and utility easement by the subdivider. All storage areas shall be vegetated and designed to lower naturally after a storm.
   (E)   All drainage structures or improvements provided shall be sufficient in size to pass a 100-year, 24-hour storm event through the natural drainage way.
   (F)   All areas disturbed by grading, street construction, or structure installation shall be covered with a minimum of three inches natural topsoil and seeded. Drainage ways over 2% in gradient shall, at a minimum, be sodded.
   (G)   All parking areas, heavy use areas, storage areas, and impervious area shall be diverted to a basin designed to allow entrapment of silts and nutrients prior to discharge to a natural drainage way.
   (H)   There shall be no discharge of untreated stormwater to a water body.
   (I)   Erosion control measures shall be provided as needed to prevent and/or contain erosion.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.264 DEDICATION TO THE PUBLIC; STANDARDS.

   (A)   In accordance with the provisions of M.S. § 462.358, as it may be amended from time to time, the subdivider shall dedicate, to the public, lands for highway rights-of-way, street rights-of-way, utility easements, wetland easements, and similar lands required for perpetual and public improvements.
   (B)   In addition, for every new subdivision of land involving three or more lots which are to be developed for residential purposes, the Planning Commission, with the concurrence of the City Council, shall require a payment to the city, in lieu of a land dedication for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space, of a sum not to exceed 10% of the fair market value of the land to be subdivided. The fair market value of the land to be subdivided shall be the value as determined by the County Assessor at the time of final plat approval. The amount of the payment shall be set by the Planning Commission, with the concurrence of the City Council, after taking into consideration the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for public use within tire subdivision. Funds received by the city, in lieu of land dedication, shall be placed in a special fund in accordance with M.S. § 462.358, Subd. 2b, as it may be amended from time to time.
   (C)   All dedications shall be included in the dedicated portion of the plat, included in the development contract, or received by the city in warranty deed prior to the approval of the final plat, without further restrictions or reservations.
(Ord. passed 4-10-2017)

§ 150.265 IMPROVEMENTS.

   (A)   Prior to the submission of a final plat application and prior to approval of a metes and bounds subdivision, the subdivider shall provide for the construction of the required improvements at his, her, or their expense and shall have the work completed or shall enter a development contract and give bond or other financial assurance satisfactory to the Council in an amount equal to 125% of the estimated cost of the uncompleted improvements except as provided in division (C) below. The bond shall be released by the City Council upon the recommendation of the City Engineer indicating the improvements are satisfactorily complete.
   (B)   The required improvements shall conform to the standards of this subchapter and shall include street cross-sections, signs, and lighting in conformance with adopted city standards.
   (C)   The subdivider may request the city to construct municipal sewage facilities, municipal water facilities, or bituminous street surfacing with all costs to be assessed against the benefitted properties. If the City Council agrees, the subdivider shall enter a development contract and give a bond or other financial assurance satisfactory to the Council in an amount equal to 50% of the estimated costs. The assessments shall be paid in full upon sale of the property.
   (D)   All costs of the City Engineer, City Attorney, Bond Council, financial experts, and other professional costs borne by the city in writing and/or executing development contracts, estimates of cost, inspectors, financial arrangements, assessments, and pursuing legal remedies in event of default by the subdivider, shall be borne by the subdivider or his, her, or their successors.
   (E)   Before final release of the bond, record drawings shall be provided by the applicant documenting final locations of improvements.
(Ord. passed 4-10-2017) Penalty, see § 150.999

§ 150.280 ZONING ADMINISTRATOR.

   (A)   The Zoning Administrator shall be appointed by the City Council.
   (B)   Duties of the Zoning Administrator:
      (1)   Determine if applications are complete and comply with the terms of this chapter;
      (2)   Direct or conduct inspections of building, sewage systems, and other uses of the land to determine compliance with the terms of this chapter;
      (3)   Maintain permanent and current records of this chapter, including, but not limited to, maps, amendments, land use or use permits, conditional use permits, variances, appeals and applications, and a separate file for future conditions or expiration of permits;
      (4)   Review, file, and forward applications for appeals, variances, conditional uses, and zoning amendments in a timely manner;
      (5)   Enforce the provisions of this chapter by reviewing complaints and by pursuing contacts with any violator in accordance with standard procedures as adopted and modified from time to time;
      (6)   Attend meetings and provide research and findings to the Board of Adjustment/Planning Commission;
      (7)   Issue permitted land use permits upon application for structures on lots conforming to this chapter when the conditions of this chapter are met; to issue conditional use permits when directed; to issue notices of a zoning change when directed;
      (8)   To mail a copy of the findings to an applicant;
      (9)   To file copies of conditional use permits and variances with the County Recorder;
      (10)   To communicate with the DNR where required by this chapter or state law;
      (11)   To ensure that the City Council, Planning Commission, and Board Adjustment review land use application or public hearing applications as prescribed by state statutes;
      (12)   To conduct periodic and final inspections with a member of the Planning and Zoning Commission, of property subject to conditions of approval relating to variances, conditional use permits and other land use applications; and
      (13)   To issue land use certificates of compliance, when applicable.
   (C)   The Zoning Administrator and his or her duly authorized deputies shall have the right to trespass, consistent with state and federal laws and precedents, in accordance with § 10.20, within the city in the pursuit of his or her duties.
(Ord. passed 4-10-2017)

§ 150.281 BOARD OF ADJUSTMENT.

   (A)   The Board of Adjustment shall consist of the members of the Planning Commission.
   (B)   The Board of Adjustment shall elect a Chairperson and a Vice-Chairperson from among its members. It shall adopt rules or bylaws for the transaction of its business and shall keep a permanent record of its proceedings, findings, and determinations. The Board of Adjustment shall cause all such records of its proceedings, findings, and determinations to be filed at the City Hall.
   (C)   The meeting of the Board of Adjustment shall be held as specified in the rules or bylaws, and at other such times as the Chairperson of the Board of Adjustment shall deem necessary and appropriate.
   (D)   The Board of Adjustment shall have the exclusive power concerning the following:
      (1)   To hear and decide any appeal from an order, requirement, decision, or determination made by the Zoning Administrator;
      (2)   To interpret any Management District boundary on the official zoning map;
      (3)   All decisions by the Board of Adjustment in granting variances, or in hearing any appeals from administrative order, requirement, decision, or determination shall be final, except that any aggrieved person, department, agency, Board of Commission shall have the right to appeal to the District Court within 30 days after receipt of the notice of the decision made by the Board of Adjustment.
   (E)   The Board of Adjustment and Appeals authorizes the Planning Commission, in its advisory role, to make the necessary findings for variance and appeals. The Board of Adjustment maintains authority to grant variances from the strict enforcement of standards and provisions prescribed by this chapter. Variances shall only be granted based upon the criterion prescribed in § 150.287.
(Ord. passed 4-10-2017)

§ 150.282 PLANNING COMMISSION.

   (A)   Organization of the Planning Commission.
      (1)   The Planning Commission shall consist of five members, three who shall be residents of the city and the remaining two positions filled by residents and/or property owners within the city. The members of the Planning Commission shall be appointed by the City Council consistent with the Planning Commission bylaws as adopted by the City Council. The City Council shall have the ability to appoint or remove any Commission member by a majority vote of all five Council members.
      (2)   The Planning Commission shall elect a Chair and a Vice-Chair from among its members. It shall adopt rules or bylaws for the transaction of its business and shall keep a permanent public record of its proceedings, findings, and determinations. The Planning Commission shall cause all such records of its proceedings, findings, and determinations to be filed at the City Hall.
   (B)   Duties of the Planning Commission. The Planning Commission shall be advisory in nature and shall serve at the pleasure of the City Council. In this advisory role, the Planning Commission shall:
      (1)   Assist the City Council in the formulation of goals, policies, and programs for the future development of the city;
      (2)   Assist the City Council in the preparation of development controls designed to promote development consistent with adopted goals and policies;
      (3)   Review applications for conditional use permits and ordinance amendments, conduct public hearings in accordance with the provisions of this chapter, and make recommendations to the City Council;
      (4)   Review applications for variance requests, conduct the public hearings, and make recommendations to the Board of Adjustment (City Council);
      (5)   Review subdivision proposals for compliance with the provisions of this chapter, conduct public hearings, and forward final plat along with recommendation to the City Council; and
      (6)   Any other such duties as required or requested by the City Council to further goals and policies in furtherance of the intent of this chapter.
(Ord. passed 4-10-2017)

§ 150.283 CONDITIONAL USE PERMITS.

   (A)   Any use listed as a conditional use in this chapter shall be permitted only upon application to the Zoning Administrator, public hearing review and recommendation of the Planning Commission, and approval and issuance of a conditional use permit by the City Council.
   (B)   All applications for a conditional use permit shall be submitted to the Zoning Administrator 30 days ahead of the hearing date, accompanied by a certificate of survey (unless waived by the Zoning Administrator) showing the details of the proposal and an accurate legal description, along with the appropriate fee. The fee or contract owner of the property shall sign the application. The Zoning Administrator shall notify all property owners within a minimum of 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. The Zoning Administrator shall send the same notice ten days in advance of this hearing to the DNR if the proposed is in shoreland. At the applicant’s option, the applicant may request a sketch plan review with no action by the Planning Commission and with no fee by giving 14 days’ notice thereof to the Zoning Administrator, meeting time permitted.
   (C)   The applicant shall complete the conditional use permit application approved by the City Council. The application shall contain submittal requirements, criteria for approval, procedure for consideration, and city contact information. The city shall not accept applications where the applicant has past due fees or charges due to the city until the account is made current.
   (D)   In permitting a new conditional use or alteration of an existing conditional use, the Planning Commission may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions that the Planning Commission considers necessary to protect the best interest of the surrounding area or the city as a whole. These conditions may include, but are not limited to, the following:
      (1)   Increasing the required lot size or yard dimension;
      (2)   Limiting the height, size, or location of buildings;
      (3)   Controlling the location and number of vehicle access points;
      (4)   Increasing the street width;
      (5)   Increasing or decreasing the number of required off-street parking spaces;
      (6)   Limiting the number, size, location, or lighting of signs;
      (7)   Requiring berming, fencing screening, landscaping, or other facilities to protect adjacent or nearby property; and
      (8)   Designating sites for open space.
   (E)   The Planning and Zoning Commission shall decide the issue with consideration to the following.
      (1)   The following must be met.
         (a)   The use or development is an appropriate conditional use in the land use zone.
         (b)   The use or development, with conditions, conforms to the Comprehensive Land Use Plan.
         (c)   The use, with conditions, is compatible with the existing neighborhood.
         (d)   The use, with conditions, would not be injurious to the public health, safety, welfare, decency, order, comfort, convenience, appearance, or prosperity of the city.
      (2)   The following must be considered.
         (a)   The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair values in the immediate vicinity.
         (b)   The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
         (c)   The conditional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
         (d)   The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an indifference with traffic on surrounding public thoroughfares.
         (e)   Adequate measures have been taken to provide sufficient off-street parking and loading space to serve the proposed use.
         (f)   Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so none of these will constitute a nuisance and to control lights and signs in such a manner that no disturbance to neighboring properties will result.
         (g)   The conditional use will not result in the destruction, loss, or damage of a natural, scenic, or historical feature of major significance.
         (h)   The conditional use will promote the prevention and control of pollution of the ground and surface waters, including sedimentation and control of nutrients.
   (F)   When costs to the city involved in processing and reviewing an application exceeds the original application fees, the applicant shall reimburse the city for any additional costs. Such expenses may include, but are not limited to, payroll, mailing costs, consultant fees, and other professional services the city may need to retain in reviewing permits.
   (G)   Conditional use permits may be transferable where requested by an applicant and approved by the Planning Commission.
   (H)   Violations of the conditions of a conditional use permit shall automatically suspend the permit. A review of the violation shall be conducted by the Planning Commission. The Planning Commission shall determine conditions for reinstating the permit or revocation, if applicable.
   (I)   Failure by the owner to act on a conditional use permit within 12 months, or failure to complete the work under a conditional use permit within two years, unless extended by the Planning Commission, shall void the permit. A second extension shall require a new public hearing. This provision shall apply to any conditional use permit outstanding at the time of the adoption of this chapter.
   (J)   All uses that cease operation for a period of more than six consecutive months shall be deemed to be discontinued, and the use permit establishing said use shall become null and void. Reestablishment of said use shall only be permitted upon obtaining a new conditional use permit.
   (K)   Appeals from the action of the city shall be filed with District Court within 30 days after City Council action.
   (L)   The conditional use permit shall be filed with the County Recorder within 45 days. The applicant need not wait for filing to proceed.
   (M)   Planned unit development procedure and submissions procedure is as follows.
      (1)   The applicant may submit a concept plan to the Planning Commission for review and discussion at least 14 days prior to the meeting.
      (2)   Based on discussion, the applicant can formally apply by submitting preliminary documents, prepared with professional help, including as a minimum the CUP application, and further shall contain the following:
         (a)   Proposed concept of plan operation;
         (b)   Proposed plat or floor plan, if applicable;
         (c)   Proposed recreational amenities;
         (d)   Proposed timing;
         (e)   Proposed final security; and
         (f)   Proposed development contract.
      (3)   The Planning Commission shall review the submissions and act on the application within the required time frame with a complete finding of facts.
      (4)   The applicant shall then proceed within the time frame accepted under the preliminary proposal to provide final documents as required, including:
         (a)   Financial security;
         (b)   Development contract;
         (c)   Title opinion;
         (d)   Final plat or floor plan;
         (e)   Surveyor’s plat check;
         (f)   Final covenants and associated documents;
         (g)   Final time schedule;
         (h)   Final site plan which will control development; and
         (i)   MPCA/MnDH approval letter on sewage system and water supply.
(Ord. passed 4-10-2017)

§ 150.284 INTERIM USE PERMITS.

   Uses defined as interim uses in § 150.038 are allowed by the city pursuant to governing law contained in M.S. § 462.3597, as it may be amended from time to time, after appropriate review and approval in accordance with the criteria, standards, and procedures for a conditional use permit contained in § 150.283 and the below requirements contained in this section. An interim use will be reviewed in the same manner as a conditional use permit, except as otherwise provided in this section. All submittal requirements in § 150.283 shall be required for interim use permits.
   (A)   Additional standards. In addition to the forgoing, interim uses shall comply with all of the following standards.
      (1)   The use is allowed in and conforms to the applicable zoning regulations for the respective zoning district, including applicable performance standards.
      (2)   The date or event that will terminate the use is identified with certainty and is included in writing within the approved interim use permit.
      (3)   The use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future.
      (4)   There is adequate assurance that the property will be left in suitable condition after the interim use is terminated. The City Council may require a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and interim structures upon the expiration of the interim use permit.
      (5)   The user agrees to any conditions deemed appropriate by the City Council for the permission of the interim use. Such conditions shall be included in writing in the issued interim use permit or alternatively in a written agreement with the user attached to the approved interim use permit.
   (B)   Termination. An interim use permit shall terminate on the happening of any of the following events, whichever occurs first:
      (1)   The occurrence of the date stated in the interim use permit, which shall not be for a period greater than five years;
      (2)   The occurrence of the event stated in the interim use permit;
      (3)   Upon violation of conditions under which the permit was issued; or
      (4)   Upon change in the city’s zoning regulations which renders the use non-conforming.
   (C)   Lapse, extension. Unless the City Council approves a different time in an approved permit, an interim use permit shall expire without further action by the Planning Commission or City Council, unless the user/applicant commences the authorized interim use within one year of the date the interim use permit issued; or, unless before the expiration of the one year period, the applicant shall apply for an extension to initiate such use. The request for an extension by a user/applicant shall be made to the City Clerk-Treasurer, and the user/applicant shall provide evidence as required by City Clerk-Treasurer sufficient to demonstrate the user/applicant’s good faith effort to complete or utilize the use permitted in the interim use permit within the one-year period. A request for an extension may be granted by the City Clerk-Treasurer for an additional period up to one year. A denial of an extension by the City Clerk-Treasurer may be appealed in writing by the user/applicant to the City Council within ten days of the date of the City Clerk-Treasurer’s decision. The user/applicant’s written appeal shall state the grounds for the appeal and be submitted to the City Clerk-Treasurer within the ten-day period. Failure to timely appeal shall constitute a waiver of the right to appeal and shall not be considered. A timely filed appeal will be heard by the City Council within 60 days of the date the appeal is received by the City Clerk-Treasurer.
(Ord. passed 4-10-2017)

§ 150.285 VARIANCES.

   (A)   Variances shall not create a use not provided for in a zoning district.
   (B)   Variances shall be issued to the property and are not transferable.
   (C)   Variances shall be issued to the property for structures or other specified uses only after a public hearing and approval by the Board of Adjustment. All applications for a variance shall be submitted to the Zoning Administrator 30 days ahead of the hearing date, accompanied by a certificate of survey (unless waived by the Zoning Administrator) showing the details of the proposal and an accurate legal description, along with the appropriate fee. The fee or contract owner of the property shall sign the application. The Zoning Administrator shall notify all property owners within a minimum of 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. The Zoning Administrator shall send the same notice ten days in advance of this hearing to the DNR if the proposed is in shoreland. At the applicant’s option, the applicant may request a sketch plan review with no action by the Planning Commission and with no fee by giving 14 days’ notice thereof to the Zoning Administrator, meeting time permitted.
   (D)   The applicant shall complete the variance application approved by the City Council. The application shall contain submittal requirements, criteria for approval, procedure for consideration, and city contact information. The city shall not accept applications where the applicant has past due fees or charges due to the city until the account is made current.
   (E)   Variances shall be decided within the required time frame with consideration for the following:
      (1)   The applicant establishes that there are practical difficulties, as defined in this chapter, in complying with the official control;
      (2)   The deviation from this chapter with any attached conditions will still be in harmony with the general purposes and intent of this chapter and the Comprehensive Plan; and
      (3)   The variance will not create a land use not permitted in the zone.
   (F)   The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
   (G)   When costs to the city involved in processing and reviewing an application exceeds the original application fees, the applicant shall reimburse the city for any additional costs. Such expenses may include, but are not limited to, payroll, mailing costs, consultant fees, and other professional services the city may need to retain in reviewing permits.
   (H)   Failure by the owner to act within six months on a variance unless extended by the Board of Adjustment shall void the variance. A second extension shall require a new public hearing. This provision shall apply to any variance outstanding at the time of this chapter’s adoption.
   (I)   Appeals from the action of the City Council shall be filed with the District Court within 30 days after Council action.
   (J)   The variance shall be filed with the County Recorder within 45 days.
(Ord. passed 4-10-2017)

§ 150.286 LAND USE PERMITS.

   (A)   Land use permits shall be issued for all new structures and any change in structure exterior, plumbing, or number of bedrooms, any construction or repair of a sewage system, and any grading and filling in shoreland not exempted by this chapter. No person shall assemble, install, repair, remodel, remove, or construct any structure prior to applying for and receiving a land use permit.
   (B)   Where a proposed use requires action of the Board of Adjustment, Planning Commission, or Council, or posting of financial security, said action shall occur, and the conditional use permit, variance, zoning district change, final plat plan approval, or approval of metes and bound division shall be issued or security posted before the land use permit is issued.
   (C)   Lot corners shall be visible on the lot. The Zoning Administrator may require a new survey when stakes are not visible or have been removed through erosion, construction, or other action and require that a new certificate with existing and recorded dimensions shall be provided. If survey monuments are not clearly available to establish the property boundary, a survey shall be required when a structure is proposed to encroach within 150% of a side or front setback or within 110% of an OHW setback or bluff setback.
   (D)   The city shall not accept applications where the applicant has past due fees or charges due to the city or the county until the account is made current.
   (E)   No applications shall be accepted by the Zoning Administrator from a contractor or property owner having outstanding violations. Permits can only be issued to contractors or property owners with outstanding violations by majority vote of the Planning Commission after the violation has been resolved to the satisfaction of the Planning Commission.
   (F)   The land use permit application shall contain the parcel number of the property and the signature of the fee or contract owner of the property, or his or her authorized agent.
   (G)   Unless extended by the Zoning Administrator, where a land use permit has been issued but no action has occurred within 12 months, the land use permit shall be null and void. Exterior work on the structure shall be complete in 24 months from the issuance of the land use permit. The time limit may be extended up to six months by the Zoning Administrator for good cause. A second extension shall be decided by the Planning Commission.
   (H)   Granting of a land use permit shall occur when all requirements of this chapter have been met, but shall not be considered a statement of compliance with regional, state, or federal codes, statutes, or laws or approval of the design of the structure or accessories, or description of the property. Subsequent actions of the Zoning Administrator shall not be considered acceptance of structural components or workmanship, but rather shall be for the purpose of determining general compliance with this chapter.
   (I)   If the Zoning Administrator determines that any violation of the permit or other section of this chapter has occurred, the permit shall become null and void.
(Ord. passed 4-10-2017)

§ 150.287 SUBDIVISIONS.

   (A)   Pre-application meeting. At the subdivider’s option, a pre-application meeting shall be held, including the subdivider, City Zoning Administrator, City Planner, City Engineer, if requested by the Zoning Administrator, and the City Clerk-Treasurer. Discussion at this meeting shall be limited to procedure, chapter requirements, and timing.
   (B)   Sketch plan review meeting with Planning Commission. At the subdivider’s option, a review of a sketch plan will be made by the Planning Commission prior to a public hearing. Discussion at this meeting shall be limited to procedure, chapter requirements, and timing.
      (1)   The subdivider shall submit nine copies of the sketch plan 14 days prior to the normal Planning Commission meeting, and request a position on the formal agenda.
      (2)   The Planning Commission shall not take action on the proposal, but may make suggestions to facilitate the preparation of an approvable preliminary plat or plan.
   (C)   Financial security. The city may require that an applicant establish an escrow account or other financial security for the purpose of reimbursing the city for direct costs relating to professional services provided during the review, approval, and inspection of the project. The city may charge the applicant a rate equal to the value of the service to the city. Services provided by city staff or contract professionals will be billed at an established rate.
   (D)   Metes and bounds subdivision approval, subdivisions ten acres or greater in size and 500 feet or greater in width.
      (1)   Shall be subject to approval by the Zoning Administrator if both of the resulting parcels are ten acres or greater and 500 feet of width or greater.
      (2)   Such subdivisions shall be limited to no more than one split of a parcel into two parcels in a three-year period of time.
      (3)   The proposed legal description for subdivision of land by metes and bounds shall be prepared and certified by a registered land surveyor.
      (4)   Approval by the city shall be indicated by the stamp of approval affixed by the City Clerk-Treasurer to said legal description. The County Recorder or Registrar of Deeds may accept each such certificate for filing and recording upon compliance with these provisions.
   (E)   Metes and bounds subdivision approval, subdivisions less than ten acres in size or less than 500 feet in width.
      (1)   Where appropriate, under the provisions of this chapter, the subdivider shall submit documents containing the essential information of a proposed plat or plan and including dimensions computed to one hundredth of a foot and bearing computed to equivalent accuracy to the Planning Commission for approval.
      (2)   The review of the Planning Commission need not include a public hearing.
      (3)   The subdivider shall submit nine copies of his or her proposal to the Zoning Administrator 30 days prior to the normal Planning Commission meeting and pay the corresponding fee.
      (4)   The Zoning Administrator shall review the proposed lot split for compliance with the Zoning Ordinance, including a field review, at his or her discretion.
      (5)   The Planning Commission shall decide on the subdivision within the required time based on the resulting lots complying with this chapter, the feasibility of the resulting lots for their intended purpose, and the provision for access to adjacent properties. Conditions may be attached to an approval requiring appropriate improvements. No more than one split into two parcels shall be allowed in a three-year period of time. An additional parcel for right-of-way or commonly owned driveway access may also be allowed.
      (6)   The decision of the Planning Commission may be appealed to the City Council.
      (7)   The resulting land descriptions shall be prepared and signed by a registered land surveyor and shall comply with all provisions of this chapter.
      (8)   Failure of the subdivider to act after an approval of a metes and bounds subdivision within one year shall void the approval unless extended by the Planning Commission. A second extension shall require a new review by the Planning Commission.
   (F)   Preliminary plat or preliminary condominium plat approval. The preliminary plat or preliminary condominium plan approval constitutes formal approval of the concept and design of the subdivision. The Planning Commission review shall include a public hearing and may include a field review at their discretion. All reports of city staff, DNR, and road authorities shall be reviewed and included in the hearing record. Related variance requests, rezoning requests, and conditional use requests shall be heard concurrently with a subdivision request.
      (1)   The subdivider shall submit nine copies of this proposed plat or condominium plat to the Zoning Administrator 30 days prior to the normal Planning Commission meeting, pay the required fees, and request a public hearing.
      (2)   The Zoning Administrator shall notify all property owners within 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing, including sufficient legal property description in the advertisement. The Zoning Administrator shall distribute one copy to each Planning Commission member, if the proposal is adjacent to a county highway, one copy to the County Engineer, and if the plat is in shorelands, one copy to the DNR postmarked at least ten days before the public hearing for review and comment.
      (3)   The Zoning Administrator shall review the proposed plat or plan as to content standards, necessary variances, from the Zoning Ordinance and this chapter, necessary rezoning or necessary conditional use permits, and advise the subdivider and the Planning Commission of his or her findings.
      (4)   The subdivider shall make additional application for the necessary permits at least 30 days prior to the normal Planning Commission or Board of Adjustment meeting as applicable, if subdivider desires to have a concurrent public hearing for variance, conditional use, or rezoning.
      (5)   The Planning Commission shall hold the public hearing and may continue the hearing as it deems necessary to allow all factual input it deems necessary to allow a decision. Lack of submission of comments by outside agencies shall be construed to mean the agency has no objections.
      (6)   The Planning Commission shall act on the preliminary plat or preliminary condominium plat within the required time frame, and the findings shall be sent to the subdivider. The Planning Commission shall consider the following in its decision:
         (a)   Is the property properly zoned?
         (b)   Does the proposal conform to the requirements of the Zoning Ordinance?
         (c)   Does the proposal conform to the requirements of this chapter?
         (d)   Have the concerns of the affected agencies been addressed?
      (7)   The City Council will hear any appeal within 30 days of the Planning Commission action and will re-notify anyone noticed for the public hearing. Said appeals will be filed with the City Clerk-Treasurer within 15 days of the decision.
      (8)   Failure of the subdivider to act after an approval of preliminary plat or preliminary condominium plat within one year shall void the approval unless extended by the Planning Commission. A second extension shall require a new public hearing.
   (G)   Final plat or final condominium plat approval. Upon approval by the Planning Commission, the subdivider shall cause the final plat or final condominium plat, documents, and concurrent documents to be prepared and submitted to the Planning Commission for recommendation to the City Council. All coincident variance requests, conditional use permit requests, and/or rezoning requests shall either have been decided or be pending approval simultaneously with the final plat.
      (1)   The subdivider shall submit nine paper copies of the final plat or final condominium plat and concurrent documents to the Zoning Administrator 30 days prior to the Planning Commission meeting.
      (2)   The Zoning Administrator shall distribute the information received to the City Attorney, the City Engineer, and an independent registered land surveyor, who shall review the submission for conformance with the standards and comment thereupon to the Planning Commission. The Zoning Administrator shall compare the final plat to the preliminary plat and comment thereupon. The Attorney shall ascertain that all parties with an interest in the parcel to be divided are indicated as signers of the documents. The Engineer shall determine that the improvements required have been completed or have been included in a development contract and that the required security has been posted with the City Council. The independent registered land surveyor shall compare the approved preliminary plat with the final plat, provide a plat check of the final plat, and verify that the final plat meets the survey standards required by Minnesota Statutes.
      (3)   The Planning Commission shall review the reports of the Attorney, Engineer, Zoning Administrator, and independent registered land surveyor and act within the required time frame. The Planning Commission shall consider the following:
         (a)   Has the applicant complied with all conditions and requirements upon which the preliminary approval is expressly conditioned whether through performance or execution of appropriate agreements assuring performance?
         (b)   Does the final plat or final condominium plat agree with the preliminary plat or preliminary condominium plat?
         (c)   Does the City Attorney agree that all parties with an interest in the property are shown as signers of the document?
         (d)   Does the City Engineer agree that all improvements required are satisfactorily completed or are guaranteed by contract with adequate financial security?
         (e)   Does an independent professional land surveyor agree the final document meets the statutory requirements?
         (f)   Has financial security been posted in the appropriate amount?
      (4)   Following approval by the Planning Commission, the subdivider shall submit to the Zoning Administrator, two double mounted cloth-backed prints on card stock (hard-shells) and two mylar prints of the final plat or final condominium plat for signature by the Mayor and Clerk-Treasurer.
      (5)   Upon signature, the subdivider shall file all pertinent documents with the County Recorder. Failure to file a final plat or plan within two years shall void the approval unless extended by the Planning Commission.
(Ord. passed 4-10-2017)

§ 150.288 FEES.

   (A)   The Council shall adopt a schedule of fees from time to time for all permits. No permit shall be issued, or request brought before the Board of Adjustment or Planning Commission, until the fees are paid. All late applications shall require the payment of an after-the-fact fee as outlined in the fee schedule.
   (B)   The city shall not accept applications where the applicant has any past due fees or charges due to the city until the account is made current.
(Ord. passed 4-10-2017)

§ 150.289 FINANCIAL REQUIREMENTS.

   (A)   Applications will not be accepted as complete where an applicant has any utility charges, delinquent taxes, delinquent assessments, or other fees past due with the city or county. The past due account must be paid to bring the account current before an application will be accepted.
   (B)   When costs associated with processing or reviewing an application exceed the original application fees, the applicant shall reimburse the city for any additional costs. Such expenses may include, but are not limited to, payroll, mailing costs, consultant fees, and other professional services the city may need to hire in reviewing permits. Outstanding fees shall be paid before issuance of the permit and any construction of the project begins.
(Ord. passed 4-10-2017)

§ 150.290 PERFORMANCE SECURITY.

   Upon approval of a conditional use, variance, or other permit application, the Planning Commission/Board of Adjustment, City Council, or the Administrator may, if reasonably necessary to achieve the purposes of this chapter, require a surety bond, cash escrow, or cash deposit prior to issuing a land use permit or initiation of work on a proposed improvement or development. Said security shall be irrevocable and shall guarantee conformance and compliance with the conditions of the permit, conditional use, or variance. The amount of the security may be set at up to 150% of the estimated cost of compliance with the conditions, including, but not limited to, vegetation establishment, stormwater plan implementation, soil stabilization, water quality protection, or pollution control measures.
(Ord. passed 4-10-2017)

§ 150.291 REQUIRED DECISION MAKING TIME FRAMES.

   (A)   The city will do every thing in its power to expedite the application review process and provide applicants with timely feedback on their requests.
   (B)   Pursuant to M.S. § 15.99, as it may be amended from time to time, the city establishes the following time frames for decisions made on all land use requests before the city, including variances, conditional use permits, zoning district boundary changes, zoning ordinance amendments, appeals of decisions by the Zoning Administrator or Planning Commission, and land use permits.
   (C)   It shall be the applicant’s responsibility to submit a completed application packet, which shall by definition include the application forms approved by the city, site plan with all information required by this chapter and remit proper fees for the land use application. Once the Zoning Administrator or appointee has received the completed application packet, the review time frame shall commence. The Zoning Administrator shall notify applicants in writing when a completed application has been received.
   (D)   The city shall, within 60 days of the receipt of a completed application, make a decision on the request. A determination shall be either a recommendation to another body or a final action approving or denying a request. Time frames for other reviews required by statutes or other government units shall not be counted as time during the local decision making process. Once the other agency or governmental unit has made their determination, the time frame for local review shall again commence.
   (E)   If the city is unable to make a proper determination within the prescribed 60-day time frame, it shall have the right to extend the time frame another 60 days. The city shall, in writing, notify the applicant that it is unable to complete the review process and state the specific reasons why the process must be extended.
   (F)   If the city is unable to make the final determination within 120 days of the original application date, it shall, in writing, request an extension from the applicant. The applicant shall have the authority to approve or deny the request for an extension.
(Ord. passed 4-10-2017)

§ 150.305 LIABILITY OF CITY OFFICIALS.

   The failure of any officer of the city or Board, or employees of the city to act pursuant to this chapter, except as an individual acting in his or her own behalf, shall not be an offense and shall not subject the officer, Board, or employee to any penalty, except those provided under the city personnel policies.
(Ord. passed 4-10-2017)

§ 150.306 EQUITABLE RELIEF.

   In the event of a violation or threatened violation of any provision of this chapter or the conditions of any permit issued pursuant to the ordinance, the city, in addition to other remedies, may act or institute action to prevent, restrain, correct, or abate such violation or threatened violation.
(Ord. passed 4-10-2017)

§ 150.307 NOTICES.

   Failure to receive notice called for by this chapter shall not invalidate any action taken by the city so long as the city acted reasonably in its attempt to provide such notice.
(Ord. passed 4-10-2017)

§ 150.999 PENALTY.

   (A)   The violation of any provision of this chapter or the violation of the conditions or provisions of any permit issued pursuant to this chapter shall be a misdemeanor, and upon conviction thereof, the violation shall be subject to a fine designated on the fee schedule or imprisonment for a term not to exceed 90 days, or both. Each act of violation and every calendar day on which such violation occurs or continues shall be a separate offense.
   (B)   Any person who owns, controls, keeps, maintains, or harbors hen chickens in the city limits without obtaining or maintaining a current permit, or after a permit has been suspended or revoked by Council action, shall be guilty of a petty misdemeanor.
(Ord. passed 4-10-2017; Ord. O-22-24, passed 10-11-2022)