(1)   Home occupations include the following general uses and similar:

         (a)   Hair salon;

         (b)   Instructional classes with not more than one pupil at a time. Additional students receiving instruction at one time may be allowed for single-family uses subject to approval of an interim use permit;

         (c)   Massage therapy;

         (d)   Photography studio;

         (e)   Small appliance repair; or

         (f)   Tailoring, sewing and alternations.

      (2)   Home occupations shall not involve any of the following:

         (a)   Repair service or manufacturing which requires equipment other than found in a dwelling;

         (b)   Services which consist of more than one pupil, client, or customer at a time; or

         (c)   Over the counter retail sale of merchandise produced off the premises.

(Ord. 583, passed 8-26-2019)

   (A)   This section shall officially be known, cited and referred to as the City of Le Sueur Tower and wireless facility ordinance.

   (B)   In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the city finds that these regulations are necessary in order to:

      (1)   Facilitate the provision of wireless telecommunication services to the residents and businesses of the city;

      (2)   Minimize adverse visual effects of towers through careful design and siting standards;

      (3)   Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

      (4)   Maximize and encourage the use of buildings and existing or approved towers to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community and minimize their visual impact.

      (1)   All towers in excess of 35 feet may be allowed following the issuance of a conditional use permit if the conditions of this code are met. The process for a conditional use permit is detailed in § 153.023 of the zoning ordinance. The addition of a new antenna on an existing tower or building may be allowed by permit by the Zoning Administrator if the conditions of this code are met.

      (2)   In addition to the information required above, development applications for wireless communications facilities shall include the following supplemental information:

         (a)   A report from a qualified and licensed professional engineer which describes the tower height and design including a cross section and elevation, documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; describes the tower's capacity, including the number and type of antennas that it can accommodate; documents what steps the applicant will take to avoid interference with established public safety telecommunications; includes an engineer's stamp and registration number; and includes other information necessary to evaluate the request.

         (b)   For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her 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)   Before the issuance of a building permit, the following supplemental information shall be submitted: proof that the proposed tower complies with regulations administered by Federal Aviation Administration; and a report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the city's structural and electrical standards.

      (3)   In addition to the site plan requirements found elsewhere in the zoning ordinance, site plans for wireless communications facilities shall include the following supplemental information:

         (a)   Location and approximate size and height of all buildings and structures within 500 feet adjacent to the proposed wireless communication facility. Site plan of entire development, indicating all improvements including landscaping and screening;

         (b)   Elevations showing all facades, indicating exterior materials and color of the tower(s) on the proposed site; and

         (c)   Plans shall be drawn at a scale of not less than one inch to 100 feet.

      (4)   Generally, approval of a wireless communications facility can be achieved if the following items are met:

         (a)   The location of the proposed tower is compatible with the comprehensive plan and zoning ordinance;

         (b)   There exists no city-owned sites or buildings, including schools, water towers, libraries, and parks, that can reasonably serve the needs of the owner of the proposed new facility/tower;

         (c)   There is no other existing or proposed facility/tower that can reasonably serve the needs of the owner of the proposed new facility/tower;

         (d)   All efforts to locate on an existing tower have not been successful or legally/physically possible;

         (e)   The submitted site plan complies with the performance criteria set in these regulations;

         (f)   The proposed facility/tower will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or major view corridor;

         (g)   The lowest six feet of the facility/tower will be visually screened by a combination of trees, large shrubs, solid walls, fences, nearby buildings or natural topography;

         (h)   The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety;

         (i)   The owner of the wireless communication facility has agreed to permit other persons/cellular providers to attach cellular antenna or other communications apparatus which do not interfere with the primary purpose of the facility;

         (j)   The proposed facility/tower is not constructed in such a manner as to result in needless height, mass, and guywire supports;

         (k)   The color of the proposed facility/tower will be of a light tone or color (except where required otherwise by the FAA) as to minimize the visual impact and that the tower will have a security fence around the tower base or the lot where the tower is located; and

         (l)   The facility/tower is in compliance with any other applicable local, state, or federal regulations.

         (a)   A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on a city-owned or public building or property or on an existing or approved tower or building within a 1/2 mile search radius of the proposed tower 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 or equivalent 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 and the interference cannot be prevented at a reasonable cost;

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

            4.   Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

         (b)   Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable or like antennas for at least three additional users if the tower is 101-150 feet in height, for at least two additional users if the tower is 60-100 feet in height, or for at least one additional user if the tower is less than 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

         (a)   Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration; and

         (b)   Commercial wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend into the surrounding environment.

         (a)   Towers, at a minimum, shall meet the setbacks of the underlying zoning district.

         (b)   Towers shall be set back from the planned public rights-of-way. All guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements.

         (c)   A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.

         (d)   A tower's setback may be reduced at the sole discretion of the City Council, if a report from a qualified and licensed professional engineer demonstrates that the design of the tower will not allow the tower to physically damage adjoining properties.

         (e)   Towers erected on any protected residential parcel are also subject to the setback provisions of this chapter.

         (a)   All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 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.

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

         (a)   "Small cell" wireless service antennae and antenna support structures shall require a conditional use permit when located in the right-of-way adjacent to any residentially zoned parcel, PUD (Planned Unit Development) zoned project which includes residential dwellings, or other residential use, or any historic district. No conditional use permit shall be granted for any such facility that creates a substantial burden on the adjoining residential area or the public right-of-way in which it is located.

         (b)   No "small cell" support structure shall exceed 50 feet in height above the finished grade of the ground on which the structure is located.

         (c)   Notwithstanding division (12)(b), the city may approve "small cell" facilities taller than 50 feet by conditional use permit in rights-of-way adjacent to non-residential property when the city finds that such approval will have specific and substantial public benefits, including, but not limited to, reduction in the overall number or visual impacts of such facilities in the public right-of-way.

         (d)   Small cell facilities proposed to be co-located on existing support structures on private property, such as parking lot light poles, may be allowed as permitted uses provided no portion of the existing support structure or proposed antenna will exceed the allowable height for such structures in the subject zoning district and that the property is not a residentially zoned parcel, PUD (Planned Unit Development) zoned project which includes residential dwellings, or other residential use, or any historic district.

         (e)   Any small cell wireless service antennae or new antenna support structures located outside of the public right-of-way, such as on private property, regardless of ownership, and which would exceed the allowable height for the support structure in the subject zoning district shall require a conditional use permit and be subject to all other general requirements of Chapter 92 of the city code.

      (1)   No tower shall be over 150 feet in height or within one mile of another tower regardless of municipal/township boundaries.

      (2)   A proposal for a new wireless service tower shall not be approved unless it can be shown by the applicant that the telecommunication equipment planned for the proposed tower cannot be accommodated:

         (a)   On an existing tower or structure;

         (b)   On a tower that has already been permitted (even though it might not yet be constructed); or

         (c)   On a tower whose application is currently pending before the city.

      (3)   No temporary mobile cell sites are permitted except in the case of equipment failure, equipment testing, or in the case of an emergency situation as authorized by the Police Department. Use of temporary mobile cell sites for testing purposes shall be limited to 24 hours; use of temporary mobile cell sites for equipment failure or in the case of emergency situations shall be limited to a term of 30 days. These limits can be extended by the Zoning Administrator.

      (4)   Permanent platforms or structures, exclusive of antennas, other than those necessary for safety purposes or for tower maintenance are prohibited.

         (a)   The antenna meets the height restrictions of the relevant district; and

         (b)   The antenna does not extend more than ten feet above the highest point of the structure.

      (1)   The antennas and towers may not be moved to a new location;

      (2)   Any antenna or tower which is located in a place which constitutes a hazard to either persons or property shall not be allowed to remain and shall be removed upon order of the City Council. The cost of removing any such antenna/tower shall be the responsibility of the owner of the property upon which the hazardous antenna/tower is located; and

      (3)   A legal, non-conforming antenna/tower which is modified, enlarged or changed, except for routine and minor repairs shall be brought into compliance with this chapter.

(Ord. 583, passed 8-26-2019)

      ADULT MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS for observation by patrons therein.

         (a)   Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately above the top of the areola.

         (b)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

         (a)   Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship and any of the following sexual-oriented acts or conduct artilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.

         (b)   Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence.

         (c)   Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation.

         (d)   Fondling or touching of nude human genitals, pubic region, buttocks or female breast.

         (e)   Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any persons.

         (f)   Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being.

         (g)   Human erection, urination, menstruation, vaginal or anal irrigation.

      (1)   In no instance shall the application or interpretation of this section be construed to allow an activity otherwise prohibited by law;

      (2)   Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes; and

      (3)   An adult use which does not qualify as an adult use accessory, shall be classified as an adult use principal.

      (1)   Adult use principal shall be permitted a conditional use in the Light Industrial (I-1) Zoning District, subject to the location criteria outlined in division (B) of this section.

      (2)   Adult use principal shall be located at least 350 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use principal is located to the property line of:

         (a)   A zoning district in which residential uses other than lodging services are specifically listed as a permitted or conditional use;

         (b)   A licensed day care center;

         (c)   A public or private educational facility classified as an elementary, junior high or senior high;

         (d)   A public library;

         (e)   A public park;

         (f)   Another adult use principal; and

         (g)   Any church or church related organization.

      (3)   No adult use principal shall be located in the same building or upon the same property as another adult use principal.

      (4)   Adult use principal shall adhere to the following sign regulations in addition to the sign regulations of § 153.110.

         (a)   Sign messages shall be generic in nature and shall only identify the name of the business.

         (b)   Signs shall comply with the requirements of size and number for the district in which they are located.

      (5)   Adult use principal shall be limited to 7:00 a.m. to 12:30 p.m. for its hours of operation. A differing time schedule may be approved by the City Council, if it can be satisfactorily demonstrated by the operator to the City Council that all of the following apply:

         (a)   Will not adversely impact or affect uses or activities within 350 feet of the building or property in or upon which the adult use occurs;

         (b)   Will not result in increased policing and related service calls; and

         (c)   Is critical to the operation of the business.

      (1)   Adult use accessory shall:

         (a)   Comprise no more than 10% of the floor area of the establishment in which it is located;

         (b)   Comprise no more than 20% of the gross receipts of the entire business operation; and

         (c)   Not involve or include any activity except the sale or rental of merchandise.

      (2)   Adult use accessory shall restrict and prohibit access to minors by the physical separation of items from areas of general public access.

      (3)   Adult use accessory shall be prohibited from both internal and external advertising and signs of adult materials and products.

(Ord. 583, passed 8-26-2019)

      (1)   No person shall maintain domestic animals in greater numbers than provided for in Chapter 90 of the city code unless it is part of a permitted kennel.

      (2)   Every kennel or shelter shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein.

      (3)   Provisions shall be made to control animal noise.

      (4)   Kennels shall be open for inspection by the city authorities at any time.

      (5)   The kennel must be allowed within the zoning district.

      (1)   The subject site shall be at least four acres in size; and

      (2)   Animal density shall not exceed one animal unit, as defined by the Minnesota Pollution Control Agency, per acre.

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

      (2)   The property shall be at least 20,000 square feet in area;

      (3)   No person shall keep more than five total hen chickens. Chickens kept under this chapter shall be considered to be domestic animals only in terms of the number of animals kept;

      (4)   No person shall keep roosters or adult male chickens;

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

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

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

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

         (d)   Any accessory building or containment area shall be located in the rear yard only and shall be at least 50 feet from adjacent habitable structures on neighboring properties;

         (e)   Fencing used to contain chickens shall comply with applicable conditions of the city code;

         (f)   Chickens shall not be kept within the dwelling unit;

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

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

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

         (j)   Accessory buildings for the purpose of this section shall not count towards the number of accessory building permitted or the size limitations;

      (6)   The slaughter of chickens on site is prohibited;

      (7)   The raising of chickens for breeding purposes is prohibited;

      (8)   The sale of eggs or other commercial activity on the premises is prohibited;

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

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

      (11)   Any person seeking to keep chickens under this section shall receive a license from the city.

         (a)   The property shall be occupied with a single-family home. The owner of the honeybees shall live in the dwelling on the property. The property owner shall be in receipt of a license as required by this chapter;

         (b)   Honeybees shall be kept in hives with removable frames, which shall be kept in sound and usable condition;

         (c)   A convenient source of water shall be available to the colony prior to and so long as colonies remain active outside of the hive;

         (d)   No wax comb or other material that might encourage robbing by other bees shall be left upon the property. Such materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other insect-proof container;

         (e)   For each colony, there may also be maintained upon the same lot, one nucleus colony in a hive structure not to exceed one standard 9 inch depth ten-frame hive body with no supers;

         (f)   Beekeeping equipment shall be maintained in good condition including keeping the hives painted and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall be a violation of this section for any unused equipment to attract a swarm, even if the property owner is not intentionally keeping honeybees;

         (g)   All hives shall be enclosed with a latching fence;

         (h)   Hives shall be located not less than ten feet from the property line and located only in the rear yard. In each instance where a colony is kept less than 25 feet from a property line of the lot upon which the apiary is located, as measured from the nearest point on the hive to the property line, and any entrances to the hive faces the property line, there shall be established and maintained a flyway barrier at least six feet in height. The flyway barrier may consist of a wall, fence, dense vegetation or a combination thereof, such that honeybees will fly over rather than through the material to reach the colony. If a flyway barrier of dense vegetation is used, the initial planting may be four feet in height, so long as the vegetation normally reaches six feet in height or higher. The flyway barrier must continue parallel to the apiary lot line for ten feet in either direction from the hive. All other sides of the area encompassing the colonies shall consist of fencing, a wall, dense vegetation or combination thereof at least four-feet tall. The area encompassing the colonies need not entail the entire property; and

         (i)   No more than two colonies shall be permitted per property.

         (a)   Site plan showing the location and size of the premises and the location, size and type of all structures, colonies, hives, flyaway barriers, fences, storage containers, and any other item related to the beekeeping operation;

         (b)   An agreement by the applicant that the premises may be inspected by the city at all reasonable times to ensure compliance with all applicable conditions; and

         (c)   Applicant must document 16 hours of beekeeping training in the form of a certificate from the University of Minnesota. Other similar training may be substituted if found to be acceptable by the City Administrator.

         (a)   Each license issued hereunder shall expire on December 31 in the year of issuance unless sooner revoked. A license shall be renewed annually to continue the limited keeping of honeybees.

         (b)   The annual fee for a license shall be in such amount as set forth in Chapter 42, which shall be paid at the time of the making of the application.

(Ord. 583, passed 8-26-2019)

   (A)   The purpose of this chapter is to provide appropriate controls for land disturbed by the mining and extraction of gravel, sand or other mineral resources in order to minimize conflicts with adjacent land uses; to ensure that the area so affected is restored for the conservation, development, management and appropriate use of all natural resources; to be compatible for multiple purposes; to aid in the maintenance or improvement of the tax base; protect the health, safety and general welfare of the citizens; and to preserve the natural aesthetic character of the city.

      (2)   The following information shall be provided by the owner/applicant of the affected site:

         (a)   Name and address of the entity requesting the interim use permit and the current owner of the property affected by the mining and extraction operations;

         (b)   Certificate of survey signed by a land surveyor registered in the state dated within 12 months of the date of the application for the interim use permit;

         (c)   Complete legal description and acreage of the area to be affected by the mining and extraction operation; and

         (d)   The following maps shall be required of the site and shall include all areas within 1,000 feet of the site. All maps shall be drawn at a scale of one to 100 feet unless otherwise stated below:

            1.   Map A - existing conditions to include:

               a.   Contour map at two-foot intervals. Existing vegetation;

               b.   Existing drainage and permanent water areas;

               c.   Existing structures;

               d.   Existing wells; and

               e.   All property owners within 1,000 feet of the site.

            2.   Map B - proposed operations to include:

               a.   Structures to be erected. The structures shall be subject to all Zoning and Building Code regulations and permitting procedures;

               b.   Exact location of sites to be mined indicating depth of proposed excavation;

               c.   Exact storage location of mined materials, indicating maximum height of deposits;

               d.   Exact location of stationary machinery to be used in the mining operation;

               e.   Exact location of vehicle parking and access roads. Additional review by the county and/or the state may be required;

               f.   Truck routes and approximate hours of travel;

               g.   Location of storage of explosives; and

               h.   Erosion and sediment control structures.

            3.   Map C - staging plan to include:

               a.   Final grade of proposed site showing elevations and contour lines at two-foot intervals;

               b.   Location and species of vegetation to be replaced;

               c.   Written reclamation and staging plan;

               d.   Written final development plan; and

               e.   The following plans shall be submitted in written form and shall be required at the time of application:

                  (i)   Soil, erosion and sediment control;

                  (ii)   Dust and noise control;

                  (iii)   A complete description of all phases of the proposed operation to include an estimate of duration of the mining and excavation operation, location and approximate acreage of each stage and specific time schedule for reclamation;

                  (iv)   Recycling plan for concrete or any other forms of aggregate; and

                  (v)   Additional supporting documents as requested by the Zoning Administrator.

      (1)   Immediate cessation of all mining and excavations shall be ordered by the city if the owner/applicant of the operation fails to adhere to any of the provisions of the interim use permit.

      (2)   An increase in the intensity of the operations agreed upon in the interim use permit shall require the owner/applicant to apply for a new interim use permit at the expense of the owner/applicant.

      (3)   All city and county property owners and residents within 1,000 feet of the mining and excavation operation shall be notified of the public hearing for the interim use permit. County Planning and Zoning Administrators shall also be notified and resulting comments shall be taken under advisement by the city.

      (1)   The crushing, washing, refining or processing of materials;

      (2)   In stone quarries, the production or manufacturing of veneer stone sills, lintels, cut flagstone, hearth stones, paving stones and similar architectural or structural stone and the storing or stockpiling of the products on the site; and

      (3)   The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready-mix concrete and any similar production or manufacturing processes which might be related to the mining and excavation operation.

      (4)   The Zoning Administrator may recommend additional performance standards as part of the issuance of an interim use permit.

      (1)   Weeds and any other unsightly or noxious vegetation shall be cut or trimmed according to city regulations in order to maintain a reasonably neat appearance and to minimize seeding on adjacent property.

      (2)   All equipment used for mining and excavation operations shall be constructed, maintained and operated in a manner as to minimize as far as practicable, noise, dust and vibrations adversely affecting the surrounding property.

      (3)   The mining operation shall be conducted in a manner as to minimize interference with the surface water drainage within, and outside of the boundaries of the city.

      (4)   Safety fencing may be required by the city around all or a portion of the mining and excavation operation.

      (5)   To minimize problems of dust and noise and to shield mining and extraction operations from public view, a vegetative screening barrier shall be required between the mining and excavation site and adjacent properties. A screening barrier may also be required between the mining and excavation site and any public road location within 500 feet of any mining and excavation or processing operation.

      (6)   Processing of gravel or minerals shall not be conducted closer than 200 feet from the property line or closer than 200 feet from any residential, commercial or industrial structure. Mining and excavation operations shall not be conducted closer than 100 feet from the boundary of any zoning district where the operations are not permitted. Mining operations shall not be conducted closer than 100 feet from the right-of-way line of any existing or platted street, road or highway, except that excavating may be conducted within the limits in order to reduce the elevation thereof to conform to the existing or platted street, road or highway.

      (7)   Access to the site shall be provided from secondary roadways and shall be subject to review by the County or State Engineer.

         (a)   All building structures and equipment incidental to the operation shall be dismantled and removed by and at the expense of the mining and excavation operator last operating the building structures and equipment within the following period of time:

            1.   Within 60 days after the termination of mining operation; and

            2.   Within 60 days after abandonment of the operation for a period of 90 days or more.

         (b)   A temporary interim use permit may be granted for those building structures and equipment required to process previously mined materials stored on the site. The temporary interim use permit shall allow the continued use for a period of no greater than one year after which the building structures and equipment shall be removed.

(Ord. 583, passed 8-26-2019)

      (1)   Except for city grading operations, or as may be otherwise stipulated by this chapter, any person who proposes to grade land shall be subject to the permit requirements specified below:

 

 

      (2)   Notwithstanding the requirements of this section, no separate grading permit shall be required for grading on a lot for which a building permit has been issued for construction thereon or for a development where the development contract has been executed and related financial sureties have been submitted, provided the grading complies with an approved grading plan.

      (3)   A grading permit may be issued for grading on a lot for which a preliminary plat or a site plan has been approved, provided the landfill or excavation/grading complies with the approved grading plan.

      (4)   Grading operations are an allowable activity within all zoning districts pursuant to the requirements of this section.

      (5)   No filling, excavation, or grading within a wetland or floodplain shall be authorized under this section.

      (6)   Land filling operations greater than five cubic yards are required to receive a permit under the requirements of this code.

      (7)   Excavation operations are required to receive a permit under the requirements of this code.

(Ord. 583, passed 8-26-2019)

      (1)   Manufactured home parks shall be kept free of litter, rubbish and flammable material.

      (2)   Fires shall be made only in stoves, incinerators and other equipment intended for those purposes and in compliance with State Fire and Building Codes.

      (3)   Fire hydrants shall be installed if the park water supply system is capable of serving them. Fire hydrants, if provided, shall be located within 500 feet of any manufactured home, service building or other structure in the park. Fire hydrant locations and water main size shall be approved by the city.

      (1)   Each manufactured home lot shall contain at least 5,000 square feet of land area for the exclusive use of the occupant and shall be at least 50 feet wide.

      (2)   Manufactured homes shall be placed upon lots so that there shall be at least five feet from the side lot line, 15 feet between the front of the manufactured home and front lot line, and 20 feet between the rear of the manufactured home and the rear lot line.

      (3)   The area occupied by a manufactured home or other structure shall not exceed 50% of the total area of a manufactured home lot; land may be occupied by a manufactured home, a vehicle, a utility shed or building, a carport, an awning, or other structure unless otherwise restricted by the provisions of this chapter.

      (4)   No more than two motor vehicles shall be stored or kept on any manufactured home lot. No vehicle shall be dismantled, nor shall any mechanical work except for very minor repair work be done on any vehicle on a manufactured home lot; nor shall any vehicle that is not in an operable condition be parked, stored or kept on a manufactured home lot or in a manufactured home park, except a vehicle that became inoperable when it was in the manufactured home park, and then it shall not be parked in that condition for a period of more than seven days.

      (5)   Each lot shall be landscaped.

         (a)   All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each manufactured home lot. The access shall be provided by streets, driveways or other means.

         (b)   Entrance to manufactured home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of 100 feet from its point of intersection with a public street.

         (c)   Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements.

            1.   All streets shall be at least 24 feet in width.

            2.   Dead-end streets shall be limited in length to 500 feet and shall be provided at the closed end with a turn-around having an outside roadway diameter of at least 90 feet.

            3.   All dead-end streets shall be marked with approved signs at the entrance to the dead-end street.

            4.   All streets shall be provided with a paved concrete or bituminous surface. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained in a satisfactory condition.

            5.   Longitudinal grades of all streets shall range between 0.40% and 8.00%. Transverse grades of all streets shall be sufficient to ensure adequate transverse drainage.

            6.   Streets within 50 feet of an intersection shall be at right angles to the crossing street.

            7.   A distance of at least 85 feet shall be maintained between the centerline of offset intersecting streets within the park intersections of two or more streets at one point shall be avoided.

            8.   All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at mounting heights as approved by the city.

         (a)   All manufactured home parks shall be provided with pedestrian walkways that are durable and maintainable between individual manufactured homes and park streets, and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.

         (b)   A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. The common walks shall have a minimum width of five feet. All manufactured homes shall be connected to a park walkway system, paved streets, paved driveways or parking spaces connected to a paved street.

         (a)   The area of the manufactured home lot shall be improved to provide adequate support for the placement and tie-down of manufactured homes, thereby securing the structure against uplift, sliding, rotation and overturning.

         (b)   The manufactured home lot shall not heave, shift or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, vibration or other forces acting upon the structure.

         (c)   A manufactured home lot that is at any time without a manufactured home located upon it after the enactment of this chapter shall be provided with anchors and tie-downs such as cast-in-place concrete foundations or runways, screw augers, arrowhead anchors or other devices.

         (d)   Anchors and tie-downs shall be placed in accordance with the manufactured home specifications or directions. Each anchor shall be able to sustain a minimum tensile strength of 2,800 pounds or as approved by the State Uniform Mobile Home Standards Code, whichever is more restrictive.

         (a)   Every structure in the manufactured home park shall be developed and maintained. The exterior of every structure shall be kept in good repair. Multi-purpose portable fire extinguishers shall be kept in all service buildings and other locations conveniently and readily accessible for use by all occupants. All manufactured homes shall also require a smoke detector.

         (b)   The area beneath all manufactured homes shall be maintained. The exterior of every structure shall be kept in good repair. Multi-purpose portable fire extinguishers shall be kept in all service buildings and other locations conveniently and readily assessable for use by all occupants.

         (a)   Each manufactured home park shall have at least one central community building with central heating which must be maintained. This building shall be lighted during all hours and shall contain public telephones and mailboxes and public toilet facilities. The building shall be constructed in accordance with the State Building Code.

         (b)   All manufactured home parks shall have an area for storage of such items as boats, trailers, recreational vehicles and other equipment not generally stored within each manufactured home and/or utility building on the manufactured home lot. This storage area shall be screened with a fence, berm, or trees and shrubs.

      (1)   The operator of a manufactured home park shall operate the park in compliance with this chapter and shall provide supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

      (2)   The operator shall notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter.

      (3)   An adult caretaker must be able to be contacted and is responsible for the maintenance of the park.

      (4)   Unless otherwise set forth in the state statutes, each park shall have an on-site office or location for the use of the operator distinctly marked and the marking shall be illuminated during all hours of darkness.

      (5)   The operator of every manufactured home park shall maintain a registry in the office of the manufactured home park indicating the name and address of each permanent resident. Each manufactured home site shall be identified by either number, letter or both.

      (6)   The corners of each manufactured home shall be marked by survey stakes.

      (7)   A plat of the manufactured home park shall be displayed at the manufactured home park office and be illuminated during all hours of darkness.

      (8)   Signs located in the park to advertise the location and row of manufactured homes are limited to one location in the park and must conform to the sign requirements of this chapter as they may be amended from time to time.

      (1)   The Zoning Administrator and Building Inspector shall have the power to inspect the register containing a record of all residents of the manufactured home park.

      (2)   It shall be the duty of the park management to give the Zoning Administrator or Building Inspector free access to all lots at reasonable times for the purpose of inspection.

      (3)   Whenever, upon inspection of any manufactured home park, the Zoning Administrator or Building Inspector finds that conditions or practices exist which are in violation of any provision of the city code, the Zoning Administrator and Building Inspector shall give notice in writing to the manufactured home park management that the conditions or practices must be corrected within the time specified in the notice of the Zoning Administrator or Building Inspector.

(Ord. 583, passed 8-26-2019)

      (1)   Three hundred square feet required for each vehicle located on the sales lot.

      (2)   Lot must be surfaced by concrete or bituminous material.

      (3)   Light shall be a down-cast type, no glare. No string lights.

      (4)   If adjacent to an area zoned residential or agricultural, proper screening and landscaping shall be required.

(Ord. 583, passed 8-26-2019)

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

      (2)   Solar farms, solar gardens, and other such installations are principal uses of property and not permitted within the city.

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

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

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

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

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

      (8)   Ground mounted accessory solar energy systems may be permitted in the UR, B-2, I-1, I-2, and PI districts when meeting the following standards:

         (a)   The system shall be screened from view from property in residential districts;

         (b)   The total ground area covered by the system is limited to 300 square feet on lots less than one acre in size. Lots between one and 1.99 acres in size may have up to 600 square feet. Lots over two acres in size may have up to 900 square feet;

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

         (d)   The maximum height permitted is 15 feet at full tilt;

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

         (f)   A system may be placed in the front yard meeting ½ the required setback for the principal structure when in receipt of a conditional use permit.

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

         (a)   All systems shall be flush mounted on peaked roofs;

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

         (c)   No system shall extend beyond the edge of the roof;

         (d)   All systems shall meet height regulations in the district;

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

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

(Ord. 583, passed 8-26-2019)

      (1)   In reviewing an application for an interim use permit for a WECS, the Planning Commission and Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with the use, to protect the value of property within the zoning district and to achieve the goals and objectives of the comprehensive plan. Such conditions may include increasing setbacks, relocating the WECS, or landscaped screening in order to protect views, reduce noise or other negative characteristics.

      (2)   A roof or building mounted WECS is not permitted.

      (3)   Only a WECS utilizing horizontal axis wind turbines (OHWT) is permitted. The OHWT must have the main rotor shaft and electrical generator at the top of the tower and must be pointed into the wind.

         (a)   Each WECS must be mounted on a tubular, monopole type tower.

            1.   The proposed site for the WECS has a minimum 11 MPH average wind speed at the designed hub height, as documented on the Minnesota Department of Commerce statewide wind speed maps.

            2.   The proposed WECS turbine has a minimum hub height of 80 feet and the blade arc is 30 feet higher, on a vertical measurement, than all structures and trees within 300 feet of the tower.

            3.   Providing to the city an analysis conducted by a certified wind energy installer or site assessor (North American Board of Certified Energy Professional, NABCEP, or equivalent) that includes estimates of wind speed at the WECS turbine height based on measured data, estimated annual production, and compliance with the WECS manufacturer's design wind speed.

         (a)   No small wind WECS shall exceed 35 feet in height in any residential zoning district, whether ground- or roof-mounted;

         (b)   No small wind WECS shall exceed 50 feet in height in any commercial or industrial zoning district, whether ground- or roof-mounted;

         (c)   Small wind WECS shall be located no closer than the principal building setbacks for the zoning district or 35 feet to any lot line, whichever is greater;

         (d)   No small wind WECS shall be located anywhere in the front yard in front of the principal building;

         (e)   Small wind WECS shall not create any audible noise perceptible at the property line abutting residentially zoned property;

         (f)   Small wind WECS turbines or generators shall not exceed a physical dimension of 15 cubic feet, as measured by an imaginary three-dimensional rectangular box which can enclose the entire generator structure, exclusive of the support pole or structure; and

         (g)   No small wind WECS shall utilize any support structure that requires guy wires.

(Ord. 583, passed 8-26-2019)

      (1)   A sign is a structure or a part of a structure for the purpose of applying height regulations.

      (2)   Except for traffic control, all signs are prohibited within the public right-of-way or easements, except that the city may grant a license or a conditional use permit to locate signs and decorations on or within the right-of-way for a specified time.

      (3)   Except as may be allowed in the B-1 District, signs attached to buildings abutting the right-of-way and parts of the superstructure thereof may extend into the right-of-way a distance not to exceed 18 inches. All signs shall be building face surface mounted signs.

      (4)   Illuminated signs shall not be permitted within residential districts, with the exception of churches or public facilities.

      (5)   Illuminated signs or devices giving off an intermittent or rotating beam consisting of a collection or concentration of rays of light shall not be permitted in any district.

      (6)   One sign not to exceed six square feet per surface may be placed within the front yard of the property to be sold or leased. The sign shall not be less than five feet from the property line unless flat against the structure.

      (7)   One sign not to exceed 32 square feet in area may be placed along the public right- of-way adjoining a development of five lots or residential units. All signs shall be removed when 75% of all lots or units in the new development are either sold or built upon.

      (8)   Signs existing on the effective date of this chapter that do not conform to the regulations set forth in this chapter are a nonconforming use.

      (9)   The area of a sign within the frame shall be used to calculate the square footage except that width of a frame exceeding 12 inches shall constitute advertising space, or should the letters or graphics be mounted directly on a wall or fascia or in a manner as to be without a frame, the dimensions for calculating the square footage shall be in the area extending six inches beyond the periphery formed around the letters or graphics in a plane figure, bound by straight lines connecting the outermost points thereof, and each surface utilized to display a message or to attract attention shall be measured as a separate sign. Any symbols, flags, pictures, wording, figures or other forms of graphics painted on or attached to windows, walls, awnings, freestanding structures, suspended by balloons or kites or on persons, animals or vehicles shall be considered a sign.

      (10)   Signs shall not be attached by an adhesive nor painted on a building or fence but shall be on a separate frame or attached to a permanent fixture.

      (11)   The source of light for any illuminated sign shall not be directed into any street or property used or zoned for residential purposes.

      (12)   Election signs are permitted in all districts; however, they shall be removed within two weeks following election day.

      (1)   Signs in residential districts shall be permitted but subject to the following regulations:

         (a)   One sign for each dwelling and the sign shall not exceed two square feet in area per surface, and no sign shall be so constructed as to have more than two surfaces;

         (b)   One nameplate sign for each dwelling group of three or more units, and the sign shall not exceed six square feet in area per surface and no sign shall be so constructed as to have more than two surfaces; and

         (c)   One nameplate sign for each permitted principal use or use by conditional use permit other than residential and the sign shall not exceed 30 square feet in area per surface.

         (d)   Symbols, statues, sculptures and integrated architectural features on nonresidential buildings may be illuminated by floodlights provided the direct source of light is not visible from the public right-of-way or adjacent residential property.

         (e)   No commercial advertising shall be allowed in residential districts. Home occupations legally operating in a residence shall not have identification of the commercial use as a part of the allowed signage on residential property.

      (1)   In the B-1 and B-2 Districts, the square footage of wall sign space per building shall not exceed 15% of the wall area facing the public right-of-way. In the case of a multiple frontage lot, the two greatest walls facing public rights-of-way may be counted;

      (2)   In the B-1B and B-2 Districts, one freestanding sign may be allowed:

         (a)   No part of such sign may be closer than five feet to any property line;

         (b)   No such sign shall exceed 100 square feet per sign face; and

         (c)   No such sign shall exceed 25 feet in height, measured from the natural grade on which it is located;

      (3)   In the PI, I-1 and I-2 Zoning Districts, the square footage of wall sign space per building shall not exceed 10% of the wall area facing the public right-of-way. In the case of a multiple frontage lot, the two greatest walls facing public rights-of-way may be counted;

      (4)   In the PI, I-1 and I-2 Zoning Districts, one freestanding sign may be allowed:

         (a)   No part of such sign may be closer than five feet to any property line. No such sign shall exceed 100 square feet per sign face; and

         (b)   No such sign shall exceed 25 feet in height, measured from the natural grade on which it is located;

      (5)   In the B-1 District projecting signs may be permitted provided the following standards are met:

         (a)   The projecting sign shall count as one of the permitted wall signs;

         (b)   Only one projecting sign is allowed per store front;

         (c)   The projecting sign is hung at a right angle from the building face;

         (d)   The Building Official shall approve the sign frame and supports;

         (e)   The sign shall not project from the building face more than five feet and must be setback a minimum of two feet from the face of curb or street surface;

         (f)   The bottom on the projecting sign shall provide a minimum of eight feet of clearance from the sidewalk surface; and

         (g)   The projecting sign shall not extend over the top of the building roof line or highest parapet.

      (1)   The owner of any sign shall be required to have the sign properly painted and maintained.

      (2)   The owner or lessee of any sign or the owner of the land on which the sign is located shall keep the grass, weeds and other growth cut and the area free from refuse between the sign and the street, and also for a distance of six feet behind and at the ends of the sign.

(Ord. 583, passed 8-26-2019)

   (A)   One temporary real estate sales office or model sales home per builder or developer shall be permitted in a section or phase of a new residential development for each 25 units in the development project, provided the office and/or model home:

      (1)   Is aesthetically compatible with the character of project development in terms of exterior color, predominant exterior building materials, and landscape;

      (2)   Is served by a hard-surfaced roadway to ensure provision of emergency vehicles and services if necessary;

      (3)   Is served by utility services for staff and visitors;

      (4)   Complies with the applicable standards in the approved development plan (if applicable);

      (5)   Is operated by a developer or builder active in the same phase or section where the use is located; and

      (6)   Is removed or the model home is converted into a permanent residential use once 85% occupancy in the section or phase of the development is reached.

   (B)   A temporary real estate sales office of model home shall be issued a temporary certificate of occupancy prior to use. No residential occupancy may be approved until a final certificate of occupancy is issued by the city's Building Official.

(Ord. 583, passed 8-26-2019)

   (A)   The city may, from time to time, adopt a separate airport zoning ordinance which shall regulate and restrict the height of structures and objects of natural growth, and otherwise regulate the use of property in the vicinity of the Le Sueur Municipal Airport, by creation of the appropriate zones and establishment of the boundaries thereof; provide for the changes in the restrictions and boundaries of such zones; define applicable terms used in such ordinance; and include such exhibits and maps as necessary to implement the intent of the ordinance; and provide for enforcement, administration and impose penalties.

   (B)   The city hereby incorporates by reference the ordinance adopted by the city on March 18, 2014.

(Ord. 583, passed 8-26-2019)

   (B)   All underground telephone lines, fiber-optic or communications cable lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines and substations less than 33 KV, when installed in any public right-of-way in any zoning district, shall require a special permit approved by the City Engineer. No above-ground equipment, such as utility service cabinets or boxes, shall be constructed without a permit from the City Engineer.

   (C)   All underground telephone lines, fiber-optic or communications cable lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines less than 33 KV, which are intended to serve more than one parcel and are proposed to be installed at locations other than in public right-of-way, shall require a special permit issued by the city after approval by the City Engineer. No above-ground equipment, such as utility service cabinets or boxes, shall be constructed without a permit from the City Engineer. Approval by the City Engineer shall be based upon the information furnished in the following procedural requirements:

      (1)   Prior to the installation of any of the previous essential services, the owner of such service shall file with the Zoning Administrator, all maps and other pertinent information as deemed necessary for the City Engineer to review the proposed project;

      (2)   The Zoning Administrator shall transmit the map and accompanying information to the City Engineer for his or her review and approval regarding the project's relationship to the comprehensive plan and/or ordinances and parts thereof;

      (3)   The City Engineer shall report in writing to the Zoning Administrator his or her findings as to the compliance of the proposed project with the comprehensive plan and ordinances of the city;

      (4)   In considering applications for the placement of essential services, as regulated in this section, the aforesaid city staff shall consider the effect of the proposed project upon the health, safety and general welfare of the city, as existing and as anticipated; and the effect of the proposed project upon the comprehensive plan; and

      (5)   Upon receiving the approval of the City Engineer, the Zoning Administrator shall issue a special permit for the installation and operation of the applicant's essential services. If the Engineer's report recommends the denial of said permit causing the Zoning Administrator to deny its issuance, the applicant may appeal said decision to the Board of Appeals and Adjustments under the rules and procedures as set forth in this chapter.

   (D)   All transmission pipelines (i.e. pipelines not required for local distributing network) and overhead transmission and substation lines in excess of 33 KV shall be a conditional use in all districts subject to the following procedural requirements:

      (1)   Prior to the installation of any of the previous essential services, the owner of such service shall file with the Zoning Administrator, all maps and other pertinent information as deemed necessary for the Planning Commission to review the proposed project;

      (2)   The Zoning Administrator shall transmit the map and accompanying information to the Planning Commission for its review and recommendations regarding the project's relationship to the comprehensive plan and parts thereof. A part of this review shall be a written report from the City Engineer;

      (3)   The Planning Commission shall report in writing to the City Council its findings as to compliance of the proposed project with the comprehensive plan;

      (4)   The City Council shall hold the necessary public hearings as prescribed by this chapter for conditional use; and

      (5)   In considering the applications for the placement of essential services, as regulated by this section, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed project upon the health, safety and general welfare of the city, existing and anticipated; and the effect of the proposed project upon the comprehensive plan.

(Ord. 583, passed 8-26-2019)

   (A)   Family day care facilities may be permitted as an accessory residential use in accordance with M.S. § 245.812, Subdivision 4, M.S. § 462.357 Subdivisions 7 and 8, as may be amended.

   (B)   Day care centers may be a principal or accessory use of property within the zoning districts where the use is permitted.

   (C)   All day care facilities, whether principal or accessory uses, shall be licensed under the terms of Minn. Rules Chapter 9502 et seq., and shall at all times comply with the terms of such licensure, in addition to these zoning regulations, and shall be able to provide evidence of current licensure in order to protect public health, safety, and welfare.

(Ord. 583, passed 8-26-2019)

   (B)   No other dwelling unit shall serve more than one family, as defined in this chapter.

(Ord. 583, passed 8-26-2019)