Oakdale City Zoning Code

(a)

Findings and Purpose.

(1)

Studies conducted by the Minnesota attorney general, the American Planning Association and cities such as St. Paul, Minnesota; Indianapolis, Indiana; Alexandria, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California; Seattle, Washington; have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have adverse impacts on the surrounding neighborhoods. Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. Based on these studies and conclusions, the City Council of the City of Oakdale finds:

(A)

Adult establishments have adverse secondary impacts of the types set forth above.

(B)

The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by locational requirements, licensing requirements and health requirements.

(C)

It is not the intent of the City Council to prohibit adult establishments from having a reasonable opportunity to locate in the city.

(D)

It is not the intent of the City Council to regulate on the basis of content, only on the basis of likely adverse secondary effects.

(E)

Minnesota Statutes Section 462.357, authorizes the city to adopt regulations to promote the public health, safety, morals and general welfare.

(F)

The public health, safety, morals and general welfare will be promoted by the city adopting reasonable regulations governing adult establishments.

(b)

Location.

(1)

A Principal Adult Establishment may be located only in commercial and/or industrial districts subject to the limitations listed hereunder:

(A)

A principal adult establishment may not be located within any of the following areas:

(i)

Within one thousand (1,000) feet of another principal adult establishment; or

(ii)

Within seven hundred fifty (750) feet of a park, school, library, day care facility, or facility devoted to activities or recreation for minors, regardless of whether such facilities are public or private in nature; or

(iii)

Within seven hundred fifty (750) feet of any property zoned for residential purposes or from a site used for residential purposes.

(iv)

Distances shall be measured from the property line of the proposed adult use and the nearest boundary of the property containing any of the land uses noted above.

(c)

Hours of Operation.

(1)

No principal adult establishment may be open to the public between the hours of 10:00 p.m. and 8:00 a.m.

(d)

Additional Conditions for Adult Cabarets. The following additional conditions apply to adult cabarets:

(1)

No owner, operator or manager of an adult cabaret shall permit or allow any dancer or other live entertainer to perform nude.

(2)

No dancer, live entertainer, performer, patron or other person shall be nude in an adult cabaret.

(3)

The owner, operator or manager of an adult cabaret shall provide the following information to the city concerning any persons who dance or perform live entertainment at the adult cabaret: The person's name, home address, home telephone number, date of birth and any aliases.

(4)

No dancer, live entertainer or performer shall be under eighteen (18) years old. All dancing or live entertainment shall occur on a platform intended for that purpose and which is raised at least two (2) feet from the level of the floor.

(5)

No dancer or performer shall perform any dance or live entertainment closer than ten (10) feet to any patron.

(6)

No dancer of performer shall fondle or caress any patron and no patron shall fondle or caress any dancer or performer.

(7)

No patron shall pay or give any gratuity to any dancer or performer.

(8)

No dancer or performer shall solicit any pay or gratuity from any patron.

(e)

License Required.

(1)

License Required. No person shall own or operate principal adult establishment without having first secured a license as provided for in this subsection. Accessory adult establishments do not require a separate license, but must be an identified use with the city at the time of requesting a business license.

(2)

Application. The application for an adult establishment license shall be submitted on a form provided by the city and shall include:

(A)

If the applicant is an individual, the name, residence, phone number, and birth date of the applicant. If the applicant is a partnership, the name, residence, phone number, and birth date of each general and limited partner. If the applicant is a corporation, the names, residences, phone numbers, and birth dates of all those persons holding more than five percent (5%) of the issued and outstanding stock of the corporation.

(B)

The name, address, phone number, and birth date of the operator and manager of such operation, if different from the owners; the address and legal description of the premises where the adult establishment is to be located; the activities and types of business to be conducted; the hours of operation; and a building plan of the premises detailing all internal operations and activities.

(C)

A statement detailing any gross misdemeanor or felony convictions relating to sex offenses, obscenity or the operation of an adult establishment or adult business by the applicant, operator or manager and whether or not the applicant, operator or manager has ever applied for or held a license to operate a similar type of business in other communities. In the case of a corporation, a statement detailing any felony convictions by the owners of more than five percent (5%) of the issued and outstanding stock of the corporation, and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities.

(3)

Annual License Fee. The annual license fee is set by council resolution as amended from time to time.

(A)

Each application for a license shall be submitted to the City Administrator and payment made to the city. Each application for a license shall be accompanied by payment in full of the required license fee. Upon rejection of any application for a license, the city shall refund the license fee.

(B)

All licenses shall expire on the last day of June in each year. Each license shall be issued for a period of one (1)year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rated fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month.

(C)

No part of the fee paid by any license shall be refunded, except that a pro rata portion of the fee shall be refunded in the following instances upon application to the City Administrator within thirty (30) days from the happening of the event, provided that such event occurs more than thirty (30) days before the expiration of the license: Destruction or damage of the licensed premises by fire or other catastrophe; the licensee's illness the licensee's death; or a change in the legal status making unlawful for licensed business to continue.

(D)

Each application shall contain a provision on the application in bold print indicating that any withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be brought to the attention of the City Council by the application or licensee. If said changes take place during the investigation, said data shall be provided to the Police Chief or the City Administrator in writing and they shall report the changes to the City Council. Failure to report said changes by the applicant(s) or the licensee may result in a denial or revocation of a license.

(4)

Investigative Fee. The investigative fee for an adult establishment license shall be determined as follows:

(A)

Upon applying for the license, the applicant shall pay an investigative fee set by the city per person identified on the application as an owner, operator or manager.

(B)

If it appears that the investigative costs will exceed the amount estimated by the City, the City Administrator shall notify the applicant and give the applicant an estimate of costs. The applicant shall either make an additional deposit equal to the difference or shall withdraw the application. If the additional deposit is not paid within fourteen (14) days, the application shall be deemed withdrawn.

(C)

If the costs of administration, issuance and investigation are less than the deposit, the balance shall be refunded upon the issuance or denial of the license. No license shall be issued until the applicant has paid the entire cost of administration, issuance and investigation.

(5)

Granting of License.

(A)

The City Administrator and Police Chief, or such persons as they shall designate, shall complete their investigation within thirty (30) days after the City Administrator receives a complete application and all license and investigative fees.

(B)

If the application is for a renewal, the applicant shall be allowed to continue business until the Council has determined to renew or refuse to renew a license.

(C)

If, after such investigation, it appears that the applicant and the place proposed for the business are eligible for a license under the criteria set forth in this subsection, then the license shall be issued by the City Council within thirty (30) days after the investigation is completed. Otherwise, the license shall be denied.

(D)

Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another premises without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any of the principals of the partnership or corporation shall be deemed a transfer of the license. All adult establishments existing at the time of the adoption of this subsection shall be required to obtain an annual license.

(6)

Persons Ineligible for License. No license shall be granted to or held by any person:

(A)

Under twenty-one (21) years of age;

(B)

Who is overdue or whose spouse is overdue in his or her payment to the city, county or state of taxes, fees, fines or penalties assessed against them or imposed upon them;

(C)

Who has been convicted or whose spouse has been convicted of a gross misdemeanor or felony or of violating any law of this state or local ordinance relating to sex offenses, obscenity offenses or adult establishments;

(D)

Who is not the proprietor of the establishment for which the license is issued;

(E)

Who is residing with a person who has been denied a license by the city or any other Minnesota municipal corporation to operate an adult establishment, or residing with a person whose license to operate an adult establishment has been suspended or revoked within the preceding twelve (12) months;

(F)

Who has not paid the required license and investigative fees.

(7)

Places Ineligible for License.

(A)

No license shall be granted for adult establishments on any premises where the applicant or any of its officers, agents or employees has been convicted of a violation of this section, or where any license hereunder has been revoked for cause, until one (1) year has elapsed after such conviction or revocation.

(B)

No license shall be granted for any adult establishment which is not in full compliance with the City Code, the city's zoning ordinance, the Building Code, the Fire Code, the City's Health Regulations and all provisions of state and federal law.

(8)

Conditions of License.

(A)

Every license shall be granted subject to the following conditions and all other provisions of this section, and of any applicable sections of the City Code, the city's zoning ordinance, the Building Code, the Fire Code, the City's Health Regulations and all provisions of state and federal law.

(B)

All licensed premises shall have the license posted in a conspicuous place at all times.

(C)

No minor shall be permitted on the licensed premises.

(D)

Any designated inspection officer of the city shall have the right to enter, inspect, and search the premises of a licensee during business hours.

(E)

Every licensee shall be responsible for the conduct of his/her place of business and shall maintain conditions of order.

(F)

No adult goods or material services shall be offered, sold, transferred, conveyed, given, displayed, or bartered to any minor.

(9)

Suspension or Revocation for Violation.

(A)

Any violation of this section shall be a basis for the suspension or revocation of any license granted hereunder. In the event that the City Council proposes to revoke or suspend the license, the licensee shall be notified in writing of the basis for such proposed revocation or suspension. The Council shall hold a hearing for the purpose of determining whether to revoke or suspend the license, which hearing shall be within thirty (30) days of the date of the notice.

(B)

The City Council shall determine whether to suspend or revoke a license within thirty (30) days after the close of the hearing or within sixty (60) days of the date of the notice, whichever is sooner, and shall notify the licensee of its decision within that period.

(10)

Right of Appeal.

(A)

In the event that the Council determines to suspend, or revoke a license, such suspension or revocation shall not be effective until fifteen (15) days after notification of the decision to the licensee. If, within that fifteen (15) days, the licensee files and serves an action in state or federal court challenging the Council's action, then the suspension or revocation shall be stayed until the conclusion of such action.

(B)

If the City Council determines not to renew a license, the licensee may continue its business for fifteen (15) days after receiving notice of such non-renewal. If the licensee files and serves an action in state or federal court within that fifteen (15) days for the purpose of determining whether the city acted properly, the licensee may continue in business until the conclusion of the action.

(C)

If the City Council decides not to grant a license to an applicant, then the applicant may commence an action in state or federal court within fifteen (15) days for the purpose of determining whether the city acted properly. The applicant shall not commence doing business unless the action is concluded in its favor.

(11)

Penalty.

(A)

Any person violating any provision of this section shall be guilty of a misdemeanor, punishable not more than the maximum penalty for a misdemeanor as prescribed by state law. Each day of violation may be charged as a separate misdemeanor.

(Ord. No. 948, § 2, 7-8-25)

(a)

Boarding may be provided for animals as part of medical services.

(b)

Any animals being boarded overnight shall be confined within the indoor area between the hours of 9:00 p.m. and 6:30 a.m.

(c)

No more than four (4) play areas, with up to twelve (12) dogs each and one (1) handler per play area, are allowed in the outdoor area.

(d)

The outdoor area shall be cleaned daily.

(e)

Barking or howling dogs shall be returned indoors immediately.

(f)

Dogs must be supervised at all times when outdoors.

(Ord. No. 948, § 2, 7-8-25)

(a)

The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.

(b)

All structures shall meet the setback standards established for multi-unit dwellings in the R-4 zoning district.

(c)

A permanent common open space area for passive group outdoor recreation activities shall be provided with a size of not less than ten percent (10%) of the lot area:

(1)

The area shall be landscaped with shade trees and shrubbery for the purpose of protection from the sun, screening and visual interest.

(2)

Such an outdoor living area shall be properly drained, located for convenience and optimum use, and shall be walled, fenced, or planted to provide reasonable privacy.

(3)

This area may be surfaced to provide an area for garden furniture. It may also be roofed in whole or in part, provided that it is open on all sides and meets the requirements for location of accessory buildings in its designated zoning district.

(d)

All buildings shall have a common room open for use by all of the residents of the building. The common area shall meet the occupancy and space requirements for common rooms as outlined in the Uniform Building Code.

(e)

The use shall be licensed by the proper agencies.

(Ord. No. 948, § 2, 7-8-25)

(a)

The use shall be located at least three hundred fifty (350) feet from any adjacent residential use.

(b)

No vehicle maintenance permitted on site. Light detailing, such as vacuuming and washing, is permissible.

(c)

All vehicles must be licensed and operable.

(d)

A site plan must be submitted showing a hard surfaced lot, drive aisles, and parking stalls in accordance with Division 25-10-300 Off-Street Parking, Loading, and Circulation.

(Ord. No. 948, § 2, 7-8-25)

(a)

In the case of the premises adjoining a residential zoning district, required side and rear yard setbacks shall be not less than fifty (50) feet for a structure and twenty (20) feet for any parking or storage area.

(b)

All repair and service activities shall be completed within an enclosed building, including storage of parts and machines. All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building.

(c)

No outdoor storage, with the exception of customer vehicles waiting for repair or pick-up, is permitted on the property unless otherwise permitted as an accessory use.

(d)

All petroleum products, anti-freeze, and hazardous materials shall be disposed of in accordance with local and state regulations.

(Ord. No. 948, § 2, 7-8-25)

(a)

The use shall be located at least three hundred fifty (350) feet from any adjacent residential use.

(b)

All exterior portions of the use shall be screened from view of adjacent properties by an opaque wall or fence at least ten (10) feet in height.

(c)

The use shall be subject to site plan review.

(d)

All hazardous materials shall be disposed of in accordance with local and state regulations.

(a)

Screening of automobile headlights shall be provided. Screening must be at least three (3) feet in height consisting of a wall, fence, dense vegetation, berm or grade change or similar screening as determined by the City Council.

(b)

The car wash facility shall not be located within fifty (50) feet from a residentially zoned property.

(Ord. No. 948, § 2, 7-8-25)

(a)

A continuing care senior facility may include several uses within a single development, including townhouse or rowhouse dwellings, apartments, or assisted living facilities. Each use within the development shall be required to meet the standards specific to that use listed in this article.

(a)

Essential service facilities shall be located at least one hundred (100) feet from any residentially zoned property.

(b)

Substations shall be screened from view of adjacent properties according to the screening requirements in Division 25-10-700 Screening.

(c)

The use shall be subject to site plan review.

(Ord. No. 948, § 2, 7-8-25)

(a)

All kennels shall meet the requirements specified in City Code Chapter 4 Animals, Poultry, and Waterfowl.

(b)

All kennels shall meet the following requirements:

(1)

An odor mitigation plan shall be provided to demonstrate how impacts from odors will be minimized.

(2)

Any animals being boarded overnight shall be confined within the indoor area between the hours of 9:00 p.m. and 6:30 a.m.

(3)

Outdoor Areas.

(A)

All outdoor areas for animals shall be enclosed with a fence.

(B)

Dogs must be supervised at all times when outdoors.

(C)

Barking or howling dogs shall be returned indoors immediately.

(c)

Outdoor designated areas for animals as part of commercial kennels shall be located a minimum of one hundred (100) feet from any residential property line.

(d)

Commercial kennels must be situated on a property with a minimum lot size of 0.5 acres.

(Ord. No. 948, § 2, 7-8-25)

(a)

No retail sales shall occur onsite.

(b)

No commercial vehicles or equipment shall be stored outside.

(c)

Service or repair of motor vehicles shall be prohibited.

(Ord. No. 948, § 2, 7-8-25)

(a)

The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.

(b)

All structures shall meet the setback standards established for multi-unit dwellings in the same zoning district.

(c)

A permanent common open space area for passive group outdoor recreation activities shall be provided with a size of not less than five percent (5%) of the lot area:

(1)

The area shall be landscaped with shade trees and shrubbery for the purpose of protection from the sun, screening and visual interest.

(2)

Such an outdoor living area shall be properly drained, located for convenience and optimum use, and shall be walled, fenced, or planted to provide reasonable privacy.

(3)

This area may be surfaced to provide an area for garden furniture. It may also be roofed in whole or in part, provided that it is open on all sides and meets the requirements for location of accessory buildings in its designated zoning district.

(d)

All buildings shall have a common room open for use by all of the residents of the building. The common area shall meet the occupancy and space requirements for common rooms as outlined in the Uniform Building Code.

(e)

The use shall be licensed by the proper agencies.

(Ord. No. 948, § 2, 7-8-25)

(a)

All manufactured home parks shall adhere to the standards of the R-5 District listed in Section 25-05-501 R-5 District Standards.

(Ord. No. 948, § 2, 7-8-25)

(a)

At least fifty percent (50%) of the floor area specific to the off-site business must be dedicated to office, retail, or showroom uses and be open to the public.

(b)

Service and delivery vehicle parking in outdoor areas adjacent to an existing or planned residential use or a public roadway are subject to the screening standards in [Section] 25-10-701.

(c)

All service and delivery vehicles shall be parked in the rear of the lot or, for corner or through lots, located on the opposite side of the building from the higher classification road.

(d)

All service and delivery vehicles shall fit within standard parking stall dimensions.

(e)

Service and delivery vehicles are limited in number to no more than one (1) per four hundred (400) square feet of building occupancy, rounded to the nearest whole number.

(f)

Within the B-1 District, there shall be no exterior storage of equipment or materials related to the off-site service business use.

(Ord. No. 948, § 2, 7-8-25)

(a)

Site plan review shall be required for the construction of radio and television antennae and accessory structures. Once approved, any changes or additions to the site plan, aside from normal maintenance, that will involve increases in the number or height of one (1) or more towers, will require City Council approval.

(b)

Submittal Material.

(1)

In submitting an application for a site plan for the construction and maintenance of radio and television antennae and accessory structures, the applicant shall provide sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a hazard to the health, safety, and general welfare of surrounding property owners.

(2)

This information shall include an outside consultant conducting an independent study at the cost of the applicant, demonstrating that the tower complies with (structural standards for steel antenna towers and antenna supporting structures), Engineering Department, Electronic Industries Association (EIA); describing the capacity of the tower, including the number and type of antenna that it can accommodate and the basis for the calculation of capacity; and demonstrating that the application complies with FAA, FCC, and if applicable, State Aeronautics Division requirements.

(3)

A site plan drawn to scale and identifying the site boundary; towers; guy wire anchors; existing and proposed structures; vehicular parking and access; existing vegetation to be retained, removed, or replaced; and uses, structures, and land use designation on the site and abutting parcels.

(4)

A plan drawn to scale showing proposed landscaping, including species type, size, spacing and other features.

(c)

Requirements on Construction and Maintenance. All antenna, towers, and accessory structures erected, constructed, or located on any property, and all supporting devices thereof shall comply with the following requirements:

(1)

The tower shall not exceed five hundred (500) feet above grade or less, as authorized by law.

(2)

Antenna and/or tower setbacks shall be such that the distance from the base to the nearest property line or non-owned structure is not less than the calculated structural collapse radius plus five percent (5%) of the height of the tower, or twenty (20) feet, whichever is greater.

(3)

No part of any antenna or tower, nor any lines, cable, equipment or wires, or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.

(4)

Towers with antennae shall be designed to withstand a uniform wind loading as prescribed by the State Building Code and the Electronic Industries Association recognized national standards, whichever is more restrictive.

(5)

Antenna and metal towers shall be properly protected against direct strike by lightning, either by adequate grounding or suitable circuits designed to provide such protection. The installation shall comply with all applicable electrical wiring codes, statutes, regulations and standards.

(6)

All signal and remote control conductors of low energy extending horizontally above the ground between the tower or antenna and structure, or between towers, but not buried underground, shall be at least twelve (12) feet above the ground at all points.

(7)

The base of the tower and all anchors shall be surrounded with a six (6) foot high galvanized chain-link fence with the appropriate warning signs posted on all sides.

(8)

No accessory structures shall be permanently affixed except as required to accomplish the license service for which the antenna or tower is authorized by the FCC.

(9)

The applicant is responsible for supplying the city with a copy of the annual FAA inspection report.

(10)

If use of the tower is discontinued for a period of six (6) months, it shall be removed.

(d)

Broadcast Interference.

(1)

The applicant shall be responsible to investigate all and remedy legitimate complaints by residents regarding interference to consumer electronic equipment alleged to be caused by signals from the broadcast facility.

(Ord. No. 948, § 2, 7-8-25)

(a)

Any sacred community use shall meet all requirements listed in Minnesota Statutes 327.30.

(Ord. No. 948, § 2, 7-8-25)

(a)

The self-service storage facility shall be located at least three hundred fifty (350) feet from the nearest residential property.

(b)

The self-service storage facility shall not be used for dwelling purposes.

(c)

Exterior access points to all individual storage units, including, but not limited to, exterior doors and exterior garage doors, shall be located within a courtyard area that is fully enclosed by buildings or walls, except for access openings to the courtyard area for the purpose of ingress and egress.

(d)

The facility shall comply with the design standards for industrial buildings provided in Division 25-10-200 Exterior Building Materials.

(e)

No commercial transactions may occur at the self-service storage facility other than the rental of storage units.

(Ord. No. 948, § 2, 7-8-25)

(a)

Purpose and Intent.

(1)

The purpose of this section is to promote the safe, effective and efficient use of alternative energy sources and systems as the technology becomes available.

(2)

The purpose of this section is also to establish predictable and balanced regulations for the establishment of commercial and noncommercial WECS in the locations and circumstances under which the use may be established without detriment to the public health, safety and welfare of the neighboring property owners and occupants.

(b)

General Standards.

(1)

No more than one (1) Wind Energy Conversion System (WECS) shall be permitted per lot.

(2)

The setback shall be at least the following distances:

(A)

From the nearest dwelling, school, business or other habitable structure: three hundred (300) feet or 1.5 times the height of the WECS, whichever is greater.

(B)

From the nearest public right-of-way: three hundred (300) feet or 1.5 times the height of the WECS, whichever is greater.

(C)

From the nearest property line: three hundred (300) feet or 1.5 times the height of the WECS, whichever is greater. In no instance shall any portion of the WECS extend over any property line, including the full arc area created by any blades used in the system.

(D)

From recreational fields: three hundred (300) feet or 1.5 times the height of the WECS, whichever is greater. However, in no instance shall any portion of the WECS extend over any recreational field, including the full arc area created by any blades used in the system.

(E)

No portion of the WECS, including the full arc area created by any blades used in the system, shall extend over any aboveground power line or drainage and utility easement.

(3)

Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any accessory structure or tree within the full arc area created by any blades used in the system.

(4)

The WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS operation in high winds.

(5)

The WECS, including the blades, shall be grounded and shielded to protect against natural lightning strikes in conformance with the National Electrical Code.

(6)

The WECS shall not include tower-climbing apparatus within twelve (12) feet of the ground.

(7)

The WECS shall display a sign posted at the base of the tower, not to exceed two (2) square feet in area. The sign shall contain the following information:

(A)

A warning of high voltage,

(B)

The manufacturer's name,

(C)

An emergency telephone number,

(D)

The emergency shutdown procedures

Additional signs may be required on the basis of individual applications as safety needs dictate.

No WECS shall have affixed or attached lights, reflectors, flashers or any other illumination, except for those devices required by the Federal Aviation Administration.

a.

The WECS shall be filtered, shielded or otherwise designed and constructed so as not to cause electrical, radio frequency, television, and other communication signal interference.

b.

All obsolete and unused towers and equipment shall be removed within twelve (12) months of cessation of operation at the site, unless the Zoning Administrator grants an exemption.

c.

WECS installed in accordance with the requirements of this section shall not generate power as a commercial enterprise as defined by the Public Utilities Commission.

d.

No building permit shall be issued for the construction of a WECS until and unless the applicant for the building permit deposits with the City Clerk a policy of liability insurance indemnifying the applicant from liability for personal injury or property damage in the sum of at least five hundred thousand dollars ($500,000.00). The policy of insurance so deposited shall contain a clause obligating the company issuing the same to give at least thirty (30) days written notice to the city before cancellation thereof, the conditional use and building permits to be automatically revoked upon the lapse or termination of said policy.

e.

Noise emitted from the WECS shall not exceed standards set forth in Chapter 19 Noise of the Code of Ordinances.

(Ord. No. 948, § 2, 7-8-25)

(a)

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

(b)

No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory, except by Interim Use Permit.

(c)

Accessory buildings on residential lots that are not designed for the storage of personal property or vehicles, or are not designed for human occupancy, shall not count towards the allowed number of accessory buildings. Examples include, but are not limited to, chicken coops, greenhouses, gazebos, or recreational or playground equipment.

(d)

Building Size.

(1)

Parcels of land containing single-unit dwellings may have one (1) attached or detached private garage on the same lot. The maximum area of the private garage must not exceed one thousand (1,000) square feet.

(2)

In addition to one (1) private garage, parcels of land containing single-unit dwellings may have an accessory building that does not exceed two hundred (200) square feet in size.

(3)

A Conditional Use Permit is required for an additional private garage or accessory building that exceeds two hundred (200) square feet in size subject to the following criteria.

a.

The parcel of land where the private garage or accessory building is to be located may not be subdivided as long as the private garage or accessory building is on the property.

b.

The private garage or accessory building must not be of a pole building type construction (defined as a structure that utilizes treated lumber buried in the ground that serves as the building foundation).

c.

The private garage or accessory building must not have a door or other access opening exceeding ten (10) feet in height.

d.

The private garage or accessory building must not be used for commercial or industrial activities, except as allowed by the regulations governing home occupations.

e.

The private garage or accessory building shall not exceed one thousand five hundred (1,500 )square feet in size.

f.

The private garage or accessory building shall not exceed twenty-five (25) feet in height.

g.

Parcels of land containing single-unit dwellings must not have more than one (1) additional private garage or accessory building exceeding two-hundred (200) square feet in size.

(e)

Building Location.

(1)

No detached garage or other accessory building shall be located nearer the front lot line than the principal building on that lot.

(2)

Except for accessory agricultural buildings, no accessory buildings shall be erected or located within any required side yard setback or within any utility easement.

(3)

Detached private garages and accessory buildings shall be setback a minimum of ten (10) feet from rear and side property lines in the R-1 district, and five (5) feet from rear and side property lines in all other residential districts.

(f)

Building Height.

(1)

Accessory agricultural buildings are exempt from building height requirements.

(2)

Accessory buildings and garages in residential districts shall not exceed the height of the principal structure.

(3)

Split Elevation Lots: When the principal structure is at the lower elevation, the maximum height of the accessory building is restricted to sixteen (16) feet if the roof line of the accessory building exceeds the height of the roof line of the principal structure. See additional height requirements in Division 25-05-400 Lot and Site Dimensions.

(4)

Accessory buildings in a commercial or industrial district may exceed the height of the principal structure with approval of a Conditional Use Permit.

(g)

Exterior Building Materials.

(1)

Accessory buildings for commercial, industrial, institutional, mixed-use, and multifamily uses shall be of the same exterior material, quality and appearance as the principal structure.

(2)

Accessory buildings shall not be pole building type construction (defined as a structure that utilizes treated lumber buried in the ground that serves as the building foundation) nor prefabricated metal exterior materials.

(Ord. No. 948, § 2, 7-8-25; Ord. No. 959, § 7, 1/27/26)

(a)

The ADU is a complete, separate housekeeping unit that can be isolated from the original unit.

(b)

One (1) ADU is permitted per lot containing a single-unit dwelling.

(c)

The ADU shall be limited in size to fifty percent (50%) of the finished gross floor area of the principal structure or one thousand five hundred (1,500) square feet, whichever is less.

(d)

The owner(s) of the property in which the ADU is created shall occupy at least one (1) of the dwelling units on the premises, except for bona fide temporary absences.

(e)

The design and size of the ADU shall conform to all applicable standards in the health, building, and other codes.

(f)

In addition to the parking requirements for single-unit dwellings specified in Division 25-10-300 Off-Street Parking, Loading, and Circulation, at least one (1) additional off-street parking space shall be provided for use by the occupant(s) of the ADU.

(g)

Attached ADUs shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-unit dwelling. In general, any new entrances shall be located on the side or in the rear of the building.

(h)

Detached ADUs shall:

(1)

Not be located in front of the front plane of the principal dwelling.

(2)

Meet accessory structure setbacks.

(3)

Be set back at least five (5) feet from the principal structure.

(i)

The square footage of any detached ADU shall not be included in the maximum allowable accessory structure square footage specified in Section 25-09-201 Accessory Building.

(Ord. No. 948, § 2, 7-8-25)

(a)

Accessory office space shall not exceed one thousand five hundred (1,500) square feet per building in floor area.

(Ord. No. 948, § 2, 7-8-25)

(a)

Such use shall not exceed forty percent (40%) of the total floor area of the building.

(Ord. No. 948, § 2, 7-8-25)

(a)

Cemeteries must have a minimum acreage size of one (1) acre.

(b)

Cemeteries must have direct access to a collector or arterial street as shown in the Comprehensive Plan.

(c)

No burial sites or structures shall be located closer than fifty (50) feet from any property line.

(d)

All burial sites shall be set back a minimum of fifteen (15) feet from any potable water well.

(e)

All burial sites shall be set back a minimum of one hundred (100) feet from any wetland.

(f)

No burial site shall be located in a flood hazard area within a 500-year flood event boundary.

(g)

All cemeteries must have planting strips or buffer yards adjacent to residential districts or uses, public uses, and public rights of way. In the absence of a planting strip along a property line, boulevard trees are required to be planted at fifty (50) foot intervals. The interior of the cemetery includes a minimum of one (1) tree per five thousand (5,000) square feet to break up the large expanse of turf area.

(h)

All burial sites must be within two hundred (200) feet of interior access drives, if the cemetery is to be open to public access. All interior driveways must be paved in accordance with standards specified in Division 25-10-300 Off-Street Parking, Loading, and Circulation.

(i)

All burial sites must have minimum direct frontage to a six (6) foot wide land containing no gravesites to provide access to gravesites for equipment.

(j)

All burials must utilize a concrete vault to avoid risk of cave ins, buried to a minimum depth of six (6) feet so that no portion of the grave is above the frost line during winter months.

(k)

All cemetery development will require site plan review approval and will be subject to the conditions for grading permits. In addition, soil borings will be required to determine the depth of the water table and the soil structure appropriateness for burials.

(Ord. No. 948, § 2, 7-8-25)

(a)

Screening of automobile headlights shall be provided. Screening must be at least three (3) feet in height consisting of a wall, fence, dense vegetation, berm or grade change or similar screening as determined by the City Council.

(b)

The drive-through facility, including the window, any canopy, menu boards, and any stacking area shall not be located within fifty (50) feet from a residentially zoned property.

(Ord. No. 948, § 2, 7-8-25)

(a)

Purpose and Intent.

(1)

The purpose of this section is to establish and impose restrictions upon the construction, installation, and operation of external solid fuel-fired heating devices (outdoor furnaces) within the limits of the City of Oakdale for the purpose of securing and promoting the public health, safety, comfort, convenience, and welfare of the city and its inhabitants. It is generally recognized that the types of fuel used, and the scale and duration of the burning by such furnaces can create noxious and hazardous smoke, soot, fumes, odors, air pollution, particles, and other combustion that can be detrimental to citizens' health, and can deprive neighboring residents of the enjoyment of their property or premises.

(b)

General Regulations.

(2)

All external solid fuel-fired heating devices used, installed, or purchased within the city limits of Oakdale, Minnesota, are required to meet emission standards currently required by the Environmental Protection Agency (EPA) and Underwriters Laboratories (UL) listing or equivalent accredited agency. No person shall use an external solid fuel-fired device in violation of this paragraph.

(3)

All outdoor wood-burning units or external solid fuel-fired devices operated or installed within the city limits are subject to regulation as public nuisances as described in this ordinance.

(4)

Any dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities, or any use of an external solid fuel-fired heating device to burn solid fuels other than those solid fuels for which the external solid fuel-fired heating device was designed, is declared a public nuisance.

(5)

Every solid fuel-fired device shall have a minimum chimneystack height of twenty (20) feet from ground level and be a minimum of two (2) feet above the roofline of the highest structure within two hundred (200) feet. A freestanding outdoor furnace must be setback a minimum of seventy-five (75) feet from all property lines, be located on a lot of not less than one (1) acre, and be a minimum of ten (10) feet from any principal or accessory structure. Construction of all stacks or chimneys must be of masonry or insulated metal with a minimum of six-inch (6") flue and be constructed to withstand wind and snow loads per the current Minnesota Building Code. No person shall use an external solid fuel-fired heating device in violation of this paragraph.

(6)

Only wood or other fuels designed for burning in an external solid fuel-fired heating device may be burned. No garbage may be burned in an external solid fuel-fired device. No person shall use an external solid fuel-fired heating device in violation of this paragraph.

(7)

An outdoor furnace shall not be used between April 15 and October 15 of each year.

(8)

The City of Oakdale requires any person to obtain a building permit for any external solid fuel-fired heating device that is sold or purchased after the date this ordinance becomes effective.

(9)

Any violation of this ordinance is a misdemeanor.

(Ord. No. 948, § 2, 7-8-25)

(a)

Firewood piles which are neatly stacked and free from vermin shall be stored in the rear and side yards only.

(b)

Such piles of wood must also be elevated at least four (4) inches off the ground.

(Ord. No. 948, § 2, 7-8-25)

(a)

Garage sales are allowed in all residential zoning districts with the following restrictions:

(1)

There shall be not more than three (3) sales events in each calendar year per dwelling unit, including the annual citywide Oakdale garage sale.

(2)

Sale events are limited to any consecutive four-day period.

(3)

Garage and craft sale signs must comply with the sign ordinance including sections of the City Code.

(Ord. No. 948, § 2, 7-8-25)

(a)

A Conditional Use Permit shall be required for a home occupation in the following circumstances:

(1)

The home occupation employs nonresident, outside employees.

(2)

The home occupation exceeds twenty percent (20%) of the gross floor space of the principal structure.

(3)

Two (2) or more customers a day visit the premises.

(4)

The home occupation requires more than one (1) non-standard delivery per week.

(5)

The home occupation requires equipment, machinery, or materials other than a type normally found in or compatible with a dwelling.

(6)

A license for the home occupation is required by the city or another government agency.

(b)

A Conditional Use Permit is not required for the following home occupations:

f.

Art studios with no onsite sales.

g.

Teaching or tutoring with no more than one (1) pupil at any time, up to eight (8) pupils per day.

h.

Office, clerical, and administrative work.

i.

Off-site businesses with no outside storage of commercial vehicles.

(c)

The following activities are prohibited as home occupations:

j.

General retail or wholesale operations that allow walk-in customers.

k.

Restaurants, cafes, and similar commercial food services which provide food onsite.

l.

Repair, service, building, rebuilding, or painting of motor vehicles.

m.

Occupations that create detriments to the residential character of a neighborhood due to excessive noise, odor, smoke, dust, gas, heat, glare, vibration, electrical interference, or traffic congestion.

n.

Occupations that impact public utilities and services beyond that of residential living.

(d)

All home occupations shall be subject to the following criteria:

(1)

The home occupation shall be carried out by a resident of the dwelling unit. Up to two (2) nonresident, outside employees may be permitted by Conditional Use Permit.

(2)

The home occupation shall be carried on wholly within the principal or accessory structures on the property.

(3)

Noticeable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.

(4)

Hours and intensity of operation may be limited for home occupations which require a Conditional Use Permit and shall be set forth in the Conditional Use Permit.

(5)

Home occupations are permitted to have one (1) sign up to five (5) square feet in size and set back at least ten (10) feet from the front property line.

(6)

If the home occupation requires a license, the restrictions imposed in the Conditional Use Permit shall become a part of such license; violations of either the license requirements or Conditional Use Permit shall cause forfeiture of both the license and the special permit.

(Ord. No. 948, § 2, 7-8-25)

(a)

Outdoor dining areas of two (2) or more tables shall be installed in conformance with an approved site plan.

(b)

The outdoor dining area shall be located contiguous to the food or beverage service principal use to which it is accessory.

(c)

The seating area shall be located on private property along the front, side or rear of the principal building but shall not be located within a required setback or on the side abutting any residential use or district.

(d)

The outdoor dining area shall be delineated by a fence, barriers, or landscaping approved by the Community Development Director.

(e)

The seating area shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area. A minimum four (4) foot passageway shall be maintained along any pedestrian walkway.

(f)

None of the minimum number of off-street parking stalls required for the principal use shall be occupied by the outdoor dining area.

(g)

No communication system shall be audible from a noncommercial or nonindustrial use or district.

(h)

All food and drink preparation shall be performed within the principal use. No preparation or storage of food or drink shall be permitted within the outdoor dining area.

(i)

All equipment associated with the outdoor dining area that is stored outdoors when not in use shall be neatly stacked in an area approved by the city on a site plan.

(j)

Temporary outdoor dining shall be licensed and shall meet the standards in Chapter 9Article 16 Temporary Outdoor Patios.

(Ord. No. 948, § 2, 7/8/25)

(a)

Outdoor display areas may not be located within required setback areas.

(b)

Outdoor display areas are limited to the lesser of one hundred fifty (150) square feet or a maximum of forty percent (40%) of the width of a building frontage that contains a customer entrance or exit, unless such merchandise is of a type customarily displayed outdoors such as automobiles and garden supplies.

(c)

There shall be no more than one (1) building frontage with an outdoor display area.

(d)

Outdoor display areas shall be located on a paved surface immediately adjacent to and within the dimensions of the building frontage and shall not extend beyond the building edge.

(e)

Outdoor display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). Four (4) feet is the minimum width required to maintain pedestrian access.

(f)

Outdoor display areas shall not exceed a height of five (5) feet, except that vending machines or cabinets for items such as beverages, ice, movies, and propane may exceed the height as long as there are no more than three (3) machines per frontage.

(g)

Outdoor display areas shall be maintained in an orderly and attractive manner.

(h)

Outdoor display areas shall be limited to products for sale and shall not serve as a storage area for inventory.

(Ord. No. 948, § 2, 7/8/25)

(a)

Outdoor sales may be located in parking lots, drive areas, or landscaped areas of the principal use.

(b)

Display and sales activity, including temporary structures, shall not take up or interfere with access to, any required parking, loading, maneuvering or pedestrian area.

(c)

Tent sales shall be licensed according to Chapter 9 Article 5 Garden Centers/Retail Tent Sales.

(Ord. No. 948, § 2, 7/8/25)

(a)

All exterior storage of raw materials, supplies, finished, or semi-finished products and equipment shall be excluded from the front yard.

(b)

All outdoor storage areas shall be screened from view of abutting residential properties and adjacent right-of-way by an opaque wall or fence.

(Ord. No. 948, § 2, 7/8/25)

(a)

No more than three (3) recreational vehicles may be parked outside on a single lot. Recreational vehicles stored on trailers shall count as one vehicle.

(b)

Recreational vehicles stored within the front yard shall not be parked on grass, vegetation, or other permeable surfaces. Recreational vehicles stored within the rear or side yard may be parked on grass, vegetation, or other permeable or nonpermeable surfaces.

(c)

Recreational vehicles parked outdoors must be currently licensed, operable, and free of leaking hazardous fluids.

(d)

Recreational vehicles must be parked a minimum of fifteen (15) feet from the back of the curb. Recreational vehicles may be located closer than fifteen (15) feet from the back of the curb for a period of up to forty-eight (48) hours for the purpose of loading and unloading.

(e)

Recreational and non-commercial vehicles may be parked in the side and rear yard, but shall be at least five (5) feet from any property line. On corner lots, both yards abutting a street shall be considered a front yard.

(f)

No recreational vehicle exceeding twenty (20) feet in height may be parked outside.

(g)

All recreational vehicles parked or stored outside must be owned by an occupant of the premises on which the recreational vehicle is parked or stored. The owner of the recreational vehicle must present proof of ownership upon request.

(Ord. No. 948, § 2, 7/8/25; Ord. No. 961, § 1, 5/26/26)

(a)

A building permit shall be required for the construction or installation of any swimming pool which shall have a capacity of three thousand (3,000) gallons or more.

(b)

An application for a building permit shall include the following information:

(1)

Type and size of pool.

(2)

Site plan to scale.

(3)

Location of pool.

(4)

Location of house, garage, fencing and other structures on the lot.

(5)

Location of structures on all adjacent lots.

(6)

Location of filter unit, pump, and wiring (indicating type of such equipment).

(7)

Location of back-flush and drainage outlet.

(8)

Grading plan, finished elevations, and final treatment (decking, landscaping, etc.) around the pool.

(9)

Location of existing overhead or underground wiring and utility easements.

(c)

In single-unit and two-unit residential areas:

(1)

Pools for which a building permit is required shall not be located within ten (10) feet of any side or rear lot line nor within six (6) feet of any principal structure or frost footing. Pools shall not be located within the front or side-yard setback area.

(2)

Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.

(3)

Pools shall not be located within any private or public utility, walkway, drainage, or other easement.

(4)

To the extent feasible, back-flush water or water from pool drainage shall be on the owners' property or into approved public drainage ways. Water shall not drain onto adjacent land.

(5)

Any mechanical or electrical equipment which produces noise, such as pumps or filters, shall be located at least thirty (30) feet from any dwelling on adjacent property and not closer than ten (10) feet to any lot line unless such equipment is enclosed in a sound-resistive enclosure. In all cases, noise shall not exceed minimum standards as set forth in Chapter 19 Noise.

(6)

Lighting for the pool shall be directed into or onto the pool and shall not spill onto adjacent property. Any floodlights shall be shielded sufficiently to prevent the spillover of light onto adjacent properties.

(7)

Swimming Pools: For any pool of over eighteen (18) inches of water depth, a safety fence and/or poolside of a non-climbable type of at least four (4) feet in height shall completely enclose the pool, prior to filling of the pool. Temporary pools are exempt from this requirement. Temporary pools are defined as those that are removable and/or portable which are removed seasonably for winter.

(8)

Water in the pool shall be maintained at all times in a suitable manner to avoid health hazards of any type. Water shall be subject to periodic inspection by the city.

(9)

All wiring, lighting, installation of heating units, grading, installation of pipes, and all such other installations and construction shall be subject to inspection by the city for code compliance.

(10)

Above ground pools utilizing removable ladders for ingress and egress shall have the ladder removed when unattended. Above ground pools utilizing fixed stairs shall be affixed with a four (4) foot, non-climbable fence or gate to be locked when unattended.

(11)

Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures.

(d)

In multiple-unit residential areas and non-residential use areas: Pools in multiple-unit residential areas (residential structure containing three (3) or more dwelling units) shall conform to the standards set out in provision (c) above with the following added restrictions:

(1)

No part of the water surface of the swimming pool shall be closer than thirty (30) feet to any lot line.

(2)

No pump, filter, heating units, or other apparatus used in connection with or to service a swimming pool shall be located less than thirty (30) feet from any lot line.

(3)

All deck areas, patios, or other similar areas used in conjunction with a swimming pool shall be located not closer than thirty (30) feet to any adjacent residential district line. Adequate screening, including both fencing and landscape treatment, shall be placed between said areas and adjacent single-unit and two-unit lot lines.

(4)

All-season pool enclosures shall require site plan review by the Planning Commission and City Council.

(e)

In all areas:

(1)

Required safety fencing shall be completely installed within three (3) weeks following installation of pool and prior to pool being filled.

(2)

Nuisances such as undue noise, lighting onto adjacent property, health and safety hazards and the like shall not be permitted.

[(f)]

Permit Fee: Prior to the issuance of a construction or installation permit, the applicant shall pay a permit fee based upon the estimated value of the proposed pool. The amount of the fee shall be determined by using the City of Oakdale Table of Inspection Department Building Permit Fees. These fees shall apply to all pools requiring a building permit.

(Ord. No. 948, § 2, 7-8-25)