A.   Assisted Living Facility:

      1.   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:

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

         b.   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.

         c.   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.

      2.   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.

   B.   Continuing Care Senior Facility:

      1.   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 section.

   C.   Dwelling, Apartment:

      1.   No apartment dwelling shall be allowed one hundred fifty (150) feet of Trunk Highway 3.

   D.   Dwelling, Apartment Mixed Use:

      1.   No dwelling units shall be allowed on the first floor of any part of the building within one hundred fifty (150) feet of Trunk Highway 3.

   E.   Dwelling, Attached Townhouse Or Rowhouse:

      1.   No dwelling units shall be allowed within one hundred fifty (150) feet of Trunk Highway 3.

      2.   No frontage requirement on a public street or road is necessary for attached townhouse or rowhouse dwellings; however, access to a public street is required via common open space fronting the right-of-way.

      3.   A maximum of ten (10) dwelling units may be attached per building, except where buildings are adjacent to the RR and R-1 zoning districts; such buildings shall be limited to a maximum of four (4) dwelling units per building.

      4.   In addition to the site dimension requirements found in tables 3.3 and 4.3, the following setbacks shall be required for any townhome development:

         a.   Principal structures shall be set back at least sixty (60) feet from the right-of-way of any principal arterial highway, fifty (50) feet from the right-of-way of any minor arterial highway, and forty (40) feet from the right-of-way of any collector street.

         b.   Principal structures shall be set back at least twenty (20) feet from the back of curb of any private roadway.

         c.   Principal structures shall be set back at least twenty (20) feet from any perimeter interior side or rear lot line.

      5.   Minimum Distance Between Townhome Structures: In addition to the setback requirements above, the following minimum distances shall be maintained between structures:

         a.   A minimum ten (10) feet shall be maintained between side walls of end unit townhomes between adjacent rows of townhome units.

         b.   Where the rear of a row of townhome dwelling units faces the rear of an adjoining row of townhome dwelling units, the minimum distance between structures shall sixty (60) feet.

         c.   Where the rear of a row of townhomes faces the side wall or front of an adjoining row of townhomes, the minimum distance between the structures shall be forty (40) feet.

         d.   Off street parking areas provided within the common area for the use of all of the homeowners shall maintain a minimum setback of fifteen (15) feet from adjacent townhome dwelling units.

      6.   Design of Garage And Accessory Structures:

         a.   Garages and other accessory structures shall be architecturally compatible in construction and appearance with the main building. Garage spaces required to satisfy off-street parking requirements shall be attached to the townhome dwelling unit.

         b.   A minimum of one hundred fifty (150) cubic feet of storage space, exclusive of parking spaces provided, shall be provided within the garage.

      7.   Design Of Streets And Parking Areas:

         a.   All parking and driving surfaces shall be surfaced with concrete or asphalt, and shall be defined by continuous concrete perimeter curbing.

         b.   All internal private roadways shall be a minimum twenty- eight (28) feet wide face to face.

      8.   Vertical Wall Surface Alignments: No more than two (2) adjacent unit exterior walls may occupy the same vertical plane. All townhouse or rowhouse buildings containing three (3) or more dwelling units shall have minimum offsets of four (4) feet between one of the units and the adjacent unit.

      9.   Open Space Requirements:

         a.   Recreational Space: All areas not occupied by structures, parking or driving surfaces shall be landscaped and maintained with vegetation. At least twenty percent (20%) of the open/green space, excluding required setback areas, shall be reserved for playgrounds and/or passive recreational space. Park lands shall be graded and seeded by the developer.

         b.   Streets And Lanes: The developer of each townhome development shall be responsible for building and developing of the open space into finished, graded and fully developed areas consisting of paved streets having a minimum of five (5) ton axle load bituminous surfacing and common paved parking areas, in accordance with section 11-7-3, "Off Street Parking and Loading Standards", of this title.

      10.   See section 12-2-9 "Homeowners Association" for Homeowners' Association requirements.

   F.   Dwelling, Courtyard Cottage:

      1.   All dwelling units within the development shall have a permanent frost-free foundation or equal, in accordance with the applicable building code.

      2.   Each dwelling shall have a maximum gross floor area of one thousand two hundred (1,200) square feet.

      3.   Dwelling units shall have a maximum height of twenty-five (25) feet.

      4.   The minimum distance between dwellings shall be ten (10) feet.

      5.   Each cottage courtyard development shall provide a shared courtyard which is centrally located, allowing each dwelling unit to be located adjacent to the shared courtyard. The minimum width and depth of the shared courtyard shall be twenty (20) feet.

      6.   Each dwelling with street frontage shall have a principal entrance facing the front property line and street. Each dwelling that does not have street frontage shall have a principal entrance facing the shared courtyard.

      7.   Pedestrian paths shall be provided to ensure pedestrian access from each individual dwelling to the front property line and street.

      8.   Any parking, trash, or driveways which are located along the perimeter of the site shall be screened with fencing and landscaping from adjacent development.

      9.   No dwelling shall be allowed to have an accessory dwelling unit.

      10.   Each dwelling may be subdivided into an individual lot for rental and ownership opportunities.

   G.   Dwelling, Single-Unit Detached (Includes Manufactured Home):

      1.   All single-unit detached dwellings shall have a permanent frost-free foundation or equal, in accordance with the applicable building code.

      2.   Minimum Area For Enclosed Parking Spaces:

         a.   All single-unit detached dwellings shall provide no less than four hundred forty (440) square feet in area and no less than twenty (20) feet wide in either direction to accommodate two (2) enclosed parking spaces. The maximum footprint of a garage shall not exceed fifty percent (50%) of the gross floor area of the principal building (garage and living area combined).

         b.   Any single-unit detached dwelling permit for properties receiving preliminary plat, lot division, or registered land survey approvals after the effective date hereof, shall include certificates of survey providing for the location of an attached third garage stall, whether or not construction is intended. The area allotted for the third stall shall be a minimum of ten (10) feet wide and twenty (20) feet long. The combined area for the required two (2) stall attached garage and the proposed third stall shall not exceed fifty percent (50%) of the gross floor area of the principal building (garage and living area combined).

   H.   Dwelling, Twin-Home:

      1.   All single-unit detached dwellings shall have a permanent frost-free foundation or equal, in accordance with the applicable building code.

      2.   Attached dwellings without common open space or shared facilities shall have FHA party wall, maintenance or comparable agreements consistent with state statutes.

      3.   Attached dwellings which share the ownership of common open spaces or other facilities (i.e., driveways or utility services) shall be required to have condominium association documentation consistent with state statutes.

   I.   Dwelling, Two- To Four-Unit:

      1.   All single-unit detached dwellings shall have a permanent frost-free foundation or equal, in accordance with the applicable building code.

      2.   Attached dwellings without common open space or shared facilities shall have FHA party wall, maintenance or comparable agreements consistent with state statutes.

      3.   Attached dwellings which share the ownership of common open spaces or other facilities (i.e., driveways or utility services) shall be required to have condominium association documentation consistent with state statutes.

   J.   Long-Term Or Transitional Care Facility:

      1.   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:

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

         b.   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.

         c.   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.

      2.   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.

   K.   Manufactured Home Park:

      1.   Manufactured homes not meeting single-unit dwelling requirements are permitted only in planned manufactured home parks. The PUD procedure is required for all park proposals.

      2.   Manufactured home parks must be serviced by public sewer and water systems.

      3.   Manufactured homes must have a full basement or must be affixed to a permanent frost- free foundation with a completely enclosed crawl space.

      4.   Only manufactured homes certified as meeting current HUD "manufactured home construction and safety standards" shall be permitted, unless evidence is furnished that manufactured homes meeting prior HUD codes have been updated to meet current construction and safety standards and upon inspection have been found safe and fit for residential occupancy.

      5.   Every person operating a manufactured home park within the city shall provide and keep a suitable guest register for the registration of all persons provided with accommodations, and each person shall register therein, as provided by state law. This register shall contain the following:

         a.   Name and lot address of each occupant;

         b.   Name and address of the owner of the manufactured home;

         c.   Make, model, year and license of each manufactured home; and

         d.   Date of arrival and departure of each manufactured home.

         e.   This information shall be kept for at least three (3) years after the date the occupant leaves the manufactured home park.

      6.   Minimum Site Area: Minimum site area for manufactured home parks is forty (40) acres.

      7.   Property Line Abutting Street: Manufactured home parks shall have at least one (1) property line abutting a collector or arterial street, as defined by the comprehensive guide plan.

      8.   Setbacks: All structures within manufactured home parks shall be set back a minimum of fifty (50) feet from all adjacent property lines. Said setback area shall be provided with a dense combination of earthen berms and plant materials, specific plans for which must be approved by the planning commission.

      9.   Parks And Recreational Uses: Dedication for parks and recreational uses shall be determined according to the requirements of title 12 of this code. The city council shall determine whether land or cash in lieu of land shall be required, and, in the case of land dedication, whether the land shall be publicly or privately owned and maintained.

      10.   Streets And Utilities Under Single Ownership: Streets and utilities in manufactured home parks under single ownership shall be privately constructed, owned and maintained.

      11.   Privately Owned Utilities: Privately owned utilities shall be designed and constructed to meet the minimum specifications of the Minnesota department of health and the Minnesota pollution control agency. The use of propane or butane gas for any purpose in lieu of public or private utilities within the confines of the manufactured home park is prohibited.

      12.   Private Streets: Private streets shall be constructed to meet minimum city specifications and shall be paved to a minimum width of thirty-two (32) feet where on street parking is permitted. Where parking is permitted on one side only and signs are posted, the minimum street width shall be twenty-eight (28) feet. All streets and roadways located within the manufactured home park shall have a concrete curb and gutter and paved in accordance with city standards.

      13.   Condominium Style Parks: The city council shall determine whether streets and utilities in condominium style manufactured home parks may be publicly owned and maintained.

      14.   Access Points: All manufactured home parks shall be designed with a minimum of two (2) access points on public thoroughfares, providing full ingress and egress at each location.

      15.   Storm Shelters: Each manufactured home park shall provide a storm shelter or shelters of sufficient capacity to safely protect all of the residents of the park in case of a storm emergency. In lieu thereof, the planning commission may approve basement shelters within each unit provided the minimum standards for safety are assured.

      16.   Outdoor Storage Of Recreation Vehicles: The outdoor storage of recreation vehicles shall not be permitted except as provided for in section 11-6-8 "Accessory Uses, N-Z" of this title.

      17.   Sidewalks: A concrete sidewalk, not less than five (5) feet wide shall be constructed along one side of streets entering the manufactured housing park and provide safe pedestrian links to recreational amenities and the required shelter within the park and to public recreational facilities as recommended by the parks and recreation commission.

      18.   Landscaping: All surfaces not occupied by the manufactured home, patios, sidewalks or hard surfaced off street parking shall be sodded and maintained with grass or native ground cover. One boulevard or shade tree shall be provided per manufactured home with a minimum size of two (2) inches (B&B). In addition, landscape screening is required in the perimeter setback areas to mitigate the effects of dissimilar uses and traffic.

      19.   Carports And Garages: A freestanding carport or garage not attached to a manufactured home may be permitted provided that it conforms to all applicable uniform building codes and is consistent with accessory structure setbacks provided herein. Prior to issuance of any building permit, permission must be provided by the park owner and certified to the city.

      20.   Accessory Structures: One freestanding accessory structure or storage shed per manufactured home may be permitted in addition to above mentioned carports or garages. All accessory structures shall conform to applicable building codes. Said structures shall be limited to one hundred twenty (120) square feet in size.

      21.   Manufactured Home Park Closings:

         a.   Purpose And Intent: In view of the peculiar nature and problems associated with the closure or conversion of manufactured home parks, the city council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced homeowners and tenants of such parks. The purpose of this section is to define by whom and in what amount compensation for the park relocation or displacement of a manufactured home is paid. This section is adopted pursuant to the authority granted under Minn. Stat. § 327C.095. The relocation costs stated in this section are intended to be considered along with all other compensation eligible to the displaced residents. If the park closing falls under the federal uniform relocation act, the park owner will not be required to reimburse residents' expenses reimbursed under that act.

         b.   Notice Of Closing: If the manufactured home park is to be sold with the intent to convert in whole or in part to another use or the owner of the park requests and receives rezoning of the property from the city, the park owner shall, at least nine (9) months prior to conversion to another use or sale to someone with the intent to convert to another use, provide a copy of a closure statement to a resident or each manufactured home and to the city community development department.

         c.   Notice Of Public Hearing: The community development department shall schedule a public hearing with the city council. The community development department shall mail a notice at least ten (10) days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner shall provide the city with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the community development department.

         d.   Public Hearing: A public hearing shall be held before the city council for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on displaced residents and the park owner. At the public hearing, the city council will take testimony regarding the reasonableness of the maximum relocation costs to be paid by the park owner and the actual costs to relocate park residents. Based on the testimony, the city council, at its discretion, may adopt an ordinance increasing or decreasing the maximum total relocation costs as described in provision i within this subsection.

         e.   Conditions Of Closing:

         (1)   As a condition of the closing of the manufactured home park, the park owner shall pay the relocation costs to the contractors providing the relocation services and/or to displaced residents. If the park owner determines within four (4) months prior to the date of closure of the park that the park will not be closed, the park owner may rescind the notice of closure and shall pay any actual relocation costs incurred by any of the park's manufactured home owners. If the park owner determines at least four (4) months prior to the date of closure of the park that the park will not be closed, the park owner may rescind the notice of closure, and not be liable for any relocation costs.

         (2)   Each displaced resident is eligible for an equal share of the maximum total compensation as described in provision (1) within this subsection. If a displaced resident's relocation cost is less than their equal share, then the difference between the equal share and the actual relocation costs of that household is equally distributed to the displaced residents who have relocation costs in excess of their equal share.

         (3)   The city shall not issue a building permit in conjunction with the reuse of the manufactured home park property unless the park owner has paid the relocation costs and/or the park purchaser has compensated displaced residents in accordance with the requirements of this section. Approval of any application for rezoning, platting, conditional use permit, planned unit development or variance in conjunction with a park closing or conversion shall be conditional on compliance with the requirements of this section.

         f.   Displaced Resident Statement: Within ninety (90) days of receipt of a closure notice, the displaced resident shall provide the park owner with a written statement of relocation costs, or in the alternative, a written statement that the resident cannot relocate his or her manufactured home to another manufactured home park within a twenty-five (25)-mile radius. If a resident determines not to relocate as defined within this section, the resident must state whether he or she elects to receive relocation costs under provisions g and j of this subsection.

         g.   Election To Relocate:

         (1)   If a manufactured home can be relocated to another manufactured home park within a twenty-five (25)-mile radius, the park owner shall pay displaced residents' "relocation costs" as defined herein.

         (2)   The park owner shall make relocation payments directly to contractors providing the relocation service, or the displaced resident may choose to be reimbursed by the park owner after the resident submits to the park owner proof of payment of relocation costs. The park owner shall be entitled to receive adequate documentation of relocation costs, including costs of proposals, invoices, estimates and contacts for relocation services.

         (3)   If a displaced resident cannot relocate the manufactured home within a twenty-five (25)-mile radius of the park which is being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park.

         (4)   A displaced resident compensated under this section shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park. All rent due and owing to the park owner, and all property taxes for the current and prior years shall be paid by the displaced resident prior to removing the manufactured home from the park.

         h.   Election To Receive Compensation: If a resident cannot relocate his or her manufactured home to another manufactured home park within a twenty-five (25)-mile radius or some other agreed upon distance and tenders title to the manufactured home, the resident is entitled to compensation to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the compensation shall be an amount equal to the estimated market value of the manufactured home as determined by an independent appraiser experienced in manufactured home appraisal, or the tax assessed value of the manufactured home for the year in which the park is scheduled to close, whichever is greater. The appraisal shall be conducted only after it is determined that the manufactured home cannot be relocated to another park within twenty-five (25) miles. The purchaser shall pay the cost of the appraisal. The resident shall transfer title of the manufactured home to the park purchaser free and clear of all liens and encumbrances. All rent due the property owner and all property taxes for the current and prior years shall be paid by displaced residents prior to the removal of the manufactured home from the park by the park purchaser.

         i.   Limitation Of Relocation Costs And Compensation: Subject to provision d of this subsection, the total amount of compensation paid to displaced owners of manufactured homes shall not exceed the greater of twenty- five percent (25%) of the county assessor's estimated market value of the manufactured home park, as determined by the county assessor for the year in which the park is scheduled to close, or twenty-five (25%) of the purchase price of the park. At the public hearing of the park closure, the city council will take testimony regarding the reasonableness of the maximum relocation costs to be paid by the park owner and the actual costs to relocate park residents. Based on the testimony, the city council, at its discretion, may adopt an ordinance increasing or decreasing the maximum total relocation costs.

         j.   Penalty: Violation of any provision of this chapter shall be a misdemeanor. (Ord. 2024-04, 6-4-2024)

   A.   Cemetery:

      1.   Application, Public Hearing, Notice, And Procedure: The application, public hearing, public notice, and procedure requirements for cemeteries shall be the same as for planned unit development (PUD) as provided in section 11-9-6 "Planned Unit Development" of this title. At the time of plat approval, a security in the form of a performance bond, letter of credit or other such form as deemed necessary to secure the landscape improvements and perpetual maintenance for the platted portion of the cemetery will be required.

         a.   All cemeteries must be platted so that each gravesite will have a lot and block number.

         b.   Cemeteries must have a minimum acreage size of five (5) acres.

         c.   All gravesites must be set back a minimum of fifty (50) feet from any cemetery property boundary.

         d.   All gravesites must be set back a minimum of fifteen (15) feet from any potable water well.

         e.   No gravesite shall be located in a flood hazard area within a five hundred (500)-year flood event boundary.

         f.   Any cemetery not completely enclosed by a secured fence after closing, nor staffed by on site personnel during daylight hours shall be developed as a memorial park with no aboveground gravesite markers.

         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 must have a minimum of one (1) tree per five thousand (5,000) square feet to break up the large expanse of turf area.

         h.   All gravesites 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 section 11-7-3 "Off-Street Parking and Loading Standards" of this title.

         i.   All gravesites 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.   Cemeteries must have direct access to a collector or arterial street.

         l.   All cemetery development will require site plan review approval and will be subject to the conditions for grading permits as specified in section 11-9-1 "Site Plan and Building Design Review" of this title. In addition, soil borings will be required to determine the depth of the water table and the soil structure appropriateness for burials.

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

   B.   Day Care Center:

      1.   Child Daycare Services, More Than Twelve (12) Persons:

         a.   Pick up and drop off areas shall be located on the site, and shall be designed to avoid interfering with traffic and pedestrian movements.

         b.   Outdoor recreational area shall be located and designed in a manner which mitigates visual and noise impacts on any abutting residential parcels.

         c.   Provide proof of all applicable state, federal, and other governmental licensing agency approvals.

      2.   Adult Daycare Services:

         a.   When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.

         b.   Outdoor recreational area shall be located and designed in a manner which mitigates visual and noise impacts on any abutting residential parcels.

         c.   Provide proof of all applicable state, federal, and other governmental licensing agency approvals.

   C.   Funeral Home Or Mortuary:

      1.   The use shall provide adequate off-street parking as regulated in this title. In the case of shared parking between abutting uses, a reduction of up to forty percent (40%) in the number of required parking spaces may be approved.

   D.   Place Of Worship:

      1.   In any residential district, the property must have direct access onto an arterial street, as designated in the comprehensive plan, or access to a local street within five hundred (500) feet of the local street's intersection with an arterial street.

      2.   In the RR District, the following additional standards shall apply:

         a.   The property is designated "TR Transitional Residential" within the city's adopted comprehensive plan.

         b.   No ancillary uses, including, but not limited to, daycares and nurseries occurring separately from the religious services, are allowed at the place of worship.

         c.   Parking lot landscaping requirements for a place of worship shall be the standards for the PI district in Section 11-7-6 A of this title.

         d.   Permitted materials requirements for a place of worship shall be the standards for the PI district in Section 11-7-2 B of this title.

         e.   The maximum lot coverage for places of worship shall be thirty percent (30%).

      3.   In the B-2 district, the property must have direct access to or be within three hundred (300) feet of a collector or arterial roadway as defined in the Comprehensive Plan.

   E.   Sacred Community:

      1.   Any sacred community use shall meet all requirements listed in Minn. Stat. § 327.30. (Ord. 2024-04, 6-4-2024)

   A.   Adult Establishment:

      1.   Incorporation Of Findings And Definitions: The findings, purpose and definitions in sections 3-8-1 and 3-8-2 of this code are incorporated and relied upon in this section.

      2.   Permitted Locations:

         a.   Adult establishments as defined and regulated in title 3, chapter 8 of this code are permitted in an overlay district which is established in the I-1 District east of County Road 73 and north of CSAH 42 in the city of Rosemount. Adult uses will conform to the I-1 District standards.

         b.   Adult establishments may be located within the overlay district provided they are not located within:

         (1)   Five hundred (500) feet of a residential structure;

         (2)   One thousand (1,000) feet from the property line of a park, school, church, library, commercial daycare center, cemetery; or

         (3)   One thousand (1,000) feet of another adult establishment.

   B.   Animal Boarding, Kennel, Or Daycare Center:

      1.   Any site used for overnight animal boarding or kennel shall not be less than five (5) acres in size. Animal daycare centers, which may include overnight boarding, within the B-2 - Employment District may be located on properties smaller than five (5) acres.

      2.   All structures used in conjunction with overnight animal boarding, including outdoor dog runs, shall be located a minimum of five hundred (500) feet from adjacent residential structures and seventy-five (75) feet from residential property lines. Animal daycare centers shall be exempt from this requirement.

      3.   All commercial kennels shall be licensed by the State of Minnesota Board of Animal Health.

      4.   The maximum number of animals shall not exceed the space provided in accordance with the requirements of the State of Minnesota Board of Animal Health.

      5.   Subject to the regulations regarding the care and keeping of animals within the city contained in title 7, chapter 4 of this code.

      6.   In the RR District, no outdoor keeping of animals or dog runs shall be permitted.

   C.   Animal/Veterinary Clinic Or Hospital:

      1.   Outdoor runs or kennels shall not be permitted.

      2.   Subject to the regulations regarding the care and keeping of animals within the City contained in title 7, chapter 4 of this Code.

   D.   Automobile Fuel Station:

      1.   The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No gasoline pumps shall be located on a site abutting any residential use or district.

      2.   The principal building shall be the primary source for screening the gasoline pumps from adjacent properties and/or rights-of-way. Landscaping and berming shall be a secondary source for screening gasoline pumps. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than twenty-five (25) feet without a change in architecture to reduce their mass and appearance. The secondary source of screening (landscaping and berming or walls and/or decorative fencing) shall provide a minimum ninety percent (90%) opacity screen to a height of four (4) feet.

      3.   Stacking for gas pumps shall be provided for at least one car beyond the pump island in each direction in which access can be gained to the pump. Each space shall be a minimum of nine (9) feet wide by eighteen (18) feet long.

      4.   Stacking areas shall be designed and located to minimize noises, emissions, and headlight glare upon adjacent properties and shall not interfere with circulation through any required parking, loading, maneuvering or pedestrian area.

      5.   Fuel pumps shall be installed on pump islands. Pump islands shall be elevated six (6) inches above the traveled surface of the site and shall conform to the applicable principal building setback. Additionally, there shall be sufficient area around the pump island(s) to allow for safe and efficient movement of vehicles through the site, with a minimum twenty-four (24) feet between pump rows, measured curb face to curb.

      6.   Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations that do not conflict with circulation, access and other activities on the site.

      7.   A protective canopy structure may be located over the pump islands, subject to the following standards:

         a.   The edge of the canopy shall maintain setbacks as required for the principal building.

         b.   The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. The canopy posts/signposts shall not obstruct traffic or the safe operation of the gas pumps.

         c.   The canopy shall not exceed eighteen (18) feet in height and must provide at least fourteen (14) feet of clearance to accommodate a semitrailer passing underneath. The height of the canopy may be increased should the city council determine the architectural design enhances the site and/or is more consistent with the principal building.

         d.   The canopy fascia shall not exceed three (3) feet in vertical height.

         e.   Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination shall not exceed one hundred fifteen (115) foot-candles below the canopy at ground level. The fascia of the canopy shall not be illuminated.

         f.   Signage may be allowed on a canopy; however, such signage will apply toward the allowable sign area for the principal building and/or ground sign.

      8.   No public address system shall be audible from a noncommercial or nonindustrial use or district.

      9.   The sale, storage, or display of vehicles is prohibited.

      10.   No outside storage, display, or services shall be allowed except as follows:

         a.   Propane sales limited to twenty (20)-pound capacity tanks may be located outside provided the tanks are secured in a locker and the use meets all state building and fire codes.

         b.   Sale or display of goods shall be allowed on the private sidewalk immediately in front of the principal building, provided that a minimum four (4) foot clearance is maintained for pedestrian access and that the display does not exceed four (4) feet in height and is maintained in an orderly fashion. Display shall not block the handicap accessible route.

         c.   Sale or display of goods shall be allowed in an area underneath the canopy adjacent to the pump island provided that the display does not exceed three (3) feet in height or extend beyond the concrete base of the pump island. This area shall be maintained in an orderly and safe fashion and in accordance with applicable state fire code regulations.

      11.   Any repair, assembly, disassembly or maintenance of vehicles shall require an additional conditional use permit subject to the performance standards outlined in this subsection for automotive repair.

      12.   A car wash facility not accessory to automobile repair or a non-service motor fuel station shall require an additional conditional use permit subject to the performance standards outlined in this subsection for car wash, full- or self-service.

   E.   Automotive Repair And Service, Major:

      1.   The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No automotive repair use shall be located on a site abutting any residential use or district.

      2.   All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building, except minor maintenance, including tire inflation, adding oil, wiper replacement and the like. All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building.

      3.   Gasoline pumps/sales shall require an additional conditional use permit subject to the performance standards outlined in this subsection for non-service motor fuel stations.

      4.   Outdoor storage of parts, materials, and equipment may be allowed in the B-2 District subject to the performance standards outlined in those districts for outdoor storage and outdoor display or sales.

      5.   Automotive repair uses shall designate on a site plan separate areas for customer parking and storage of inoperable vehicles awaiting repair or repaired vehicles awaiting pick up. These areas shall meet the design standards outlined in section 11-7-3, “Off Street Parking and Loading Requirements” of this title and be screened as follows:

      6.   Customer parking areas shall meet the applicable screening standards outlined in this title including, but not limited to, section 11-7-3, “Off Street Parking and Loading Requirements” of this title and this subsection.

      7.   Inoperable vehicles awaiting repair or repaired vehicles awaiting pick up shall be stored behind the principal building. Landscaping and berming shall be a secondary source for screening said vehicles. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than twenty-five (25) feet without a change in architecture to reduce their mass and appearance. Stacking areas shall have a minimum ninety percent (90%) opacity screen to a height of six (6) feet.

      8.   In the B-1 and B-2 districts, junk or unlicensed vehicles awaiting repair or pick up shall be stored completely inside a closed building in accordance with the performance standards for outdoor storage outlined in section 11-6-8 of this chapter.

      9.   Parking of vehicles on public right-of-way shall be prohibited.

      10.   All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust, or other particulate matter in compliance with Minnesota pollution control standards and applicable fire and building codes.

      11.   All flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota fire code.

      12.   No public address system shall be audible from a noncommercial or nonindustrial use or district.

   F.   Automotive Repair And Service, Minor:

      1.   The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No automotive repair use shall be located on a site abutting any residential use or district.

      2.   All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building, except minor maintenance, including tire inflation, adding oil, wiper replacement and the like. All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building.

      3.   Gasoline pumps/sales shall require an additional conditional use permit subject to the performance standards outlined in this subsection for non-service motor fuel stations.

      4.   Automotive repair uses shall designate on a site plan separate areas for customer parking and storage of inoperable vehicles awaiting repair or repaired vehicles awaiting pick up. These areas shall meet the design standards outlined in section 11-7-3 “Off Street Parking and Loading Requirements” of this title and be screened as follows:

         a.   Customer parking areas shall meet the applicable screening standards outlined in this title including, but not limited to, section 11-7-3 “Off Street Parking and Loading Requirements” of this title and this subsection.

         b.   Inoperable vehicles awaiting repair or repaired vehicles awaiting pick up shall be stored behind the principal building. Landscaping and berming shall be a secondary source for screening said vehicles. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than twenty-five (25) feet without a change in architecture to reduce their mass and appearance. Stacking areas shall have a minimum ninety percent (90%) opacity screen to a height of six (6) feet.

         c.   In the MX-2 District, junk or unlicensed vehicles awaiting repair or pick up shall be stored completely inside a closed building in accordance with the performance standards for outdoor storage outlined in section 11-6-8 of this chapter.

      5.   Parking of vehicles on public right-of-way shall be prohibited.

      6.   All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust, or other particulate matter in compliance with Minnesota pollution control standards and applicable fire and building codes.

      7.   All flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota fire code.

      8.   No public address system shall be audible from a noncommercial or nonindustrial use or district.

   G.   Car Wash:

      1.   The site and structure(s) shall be designed to limit the effects of the washing operation on adjacent properties and public rights-of-way. No car wash use shall be located abutting any residential use or district.

      2.   Stacking lanes shall not interfere with circulation in any required parking, loading, maneuvering, or pedestrian area.

      3.   Stacking and exiting areas shall be screened from adjacent properties and/or rights-of-way. Stacking areas shall have a minimum ninety percent (90%) opacity screen to a height of six (6) feet while exiting areas shall have a minimum fifty percent (50%) opacity screen to a height of at least four (4) feet.

         a.   The principal structure shall be the primary source for screening the stacking and exiting areas from adjacent properties and/or rights-of-way.

         b.   Landscaping and berming shall be a secondary source for screening the stacking and exiting areas. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative.

         c.   Screening walls shall be constructed of the same materials as the principal structure and shall not extend more than twenty-five (25) feet without a change in architecture to reduce their mass and appearance.

      4.   All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building.

      5.   Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA.

   H.   Commercial Animal Breeding:

      1.   Any site used for commercial animal breeding shall not be less than five (5) acres in size.

   I.   Commercial Event Center:

      1.   The parcel must be a minimum of five (5) acres in size.

      2.   Site must be located east of County Road 71.

      3.   The operator, or its designee, must be on the premises for the duration of each event.

      4.   The maximum number of guests shall be based on the size of site, structures, parking availability, and other relevant factors.

      5.   Outdoor seating areas, where liquor is available shall be located in a controlled or cordoned area acceptable to the city with at least one (1) opening.

      6.   Outdoor seating areas where food and/or liquor is available shall be set back twenty (20) feet from property lines and have appropriate screening to adjacent properties.

      7.   The hours of operation shall be no later than 10:00 P.M. on Sunday through Thursday and 12:00 midnight on Friday and Saturday.

      8.   Class 5 gravel surfacing shall be allowed for off-street parking as long as the property is without access to public sanitary sewer to the site. When public sanitary sewer service becomes available to the property, the property owner shall surface the parking lot with a blacktop or concrete surface within one (1) year. No vehicle parking is permitted within or along any public right-of-way.

      9.   Parking lot setbacks for gravel or surface lots shall be twenty (20) feet from the side and rear property lines and fifty (50) feet from the front property line.

      10.   Parking lot shall be screened from neighboring parcels.

      11.   Lighting shall be provided as necessary for security, safety, and traffic circulation. The level of lighting shall not exceed 0.5 lumen at any residential property line or 1.0 lumen at any nonresidential property line.

      12.   A traffic circulation and safety plan, including but not limited to access and signage, shall be reviewed and approved by the City Fire Marshal and Police Chief.

      13.   Compliance with all applicable regulations including State Health Code, State building codes, and local liquor licensing requirements. The operator shall coordinate events and activities with adjoining property owners to ensure appropriate Health and Safety Codes are met.

      14.   The serving of food and beverages is permitted only in conjunction with an event.

      15.   Overnight accommodations for guests, including campers, tents, or other recreation vehicles, are prohibited.

      16.   Sanitary facilities adequate for the number of attendees shall be provided as determined by the city. Portable toilets may be approved for temporary use and must be screened from view from roads and neighboring properties by landscaping or a wooden enclosure. No portable toilets shall be located closer than four hundred (400) feet from a neighboring residential structure.

      17.   Sound amplification systems cannot be used outdoors after 10:00 P.M.

      18.   Noise from an event shall not be plainly audible at a distance of fifty (50) feet or more from the property line.

      19.   Trash enclosures must be provided and meet the standards for the B-1 District.

   J.   Commercial Recreation Facility, Outdoor:

      1.   Outdoor commercial recreation facilities shall adhere to the following standards:

         a.   No outdoor amusement and recreation service shall be located on a site abutting any residential use or district.

         b.   The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way.

         c.   All improvements except landscaping shall conform to the setback requirements for principal buildings in the district.

         d.   No public address system shall be audible from a noncommercial or nonindustrial use or district.

   K.   Landscape And Horticultural Service:

      1.   A principal structure must be built on the site.

      2.   Landscape and horticultural services are subject to the requirements for outdoor display, sales, and storage in the I-1 District.

   L.   Vehicle Sales Or Rental:

      1.   The site and building(s) shall be designed to limit the effects of the sales or rental use on adjacent properties. No sales or display area shall be located on a site abutting any residential use or district.

      2.   A minimum building floor area of twenty percent (20%) of the lot area shall be required. All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building.

      3.   The outdoor sales or display area shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area.

      4.   The maximum area permitted for outdoor sales or display shall not exceed three and one-half (3½) square feet of outdoor storage area to each one (1) square foot of enclosed ground floor principal building area.

      5.   The outdoor sales or display area shall conform to the principal building setback requirements of this district and meet the off-street parking and loading performance standards outlined in section 11-7-3 “Off-Street Parking and Loading Standards” of this title.

      6.   Junk vehicles are prohibited.

      7.   Any repair, assembly, disassembly or maintenance of vehicles shall require an additional conditional use permit subject to the performance standards outlined in this subsection for automotive repair.

      8.   Landscaping and berming shall be a primary source for screening outdoor sales and display area from adjacent rights-of-way. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than twenty-five (25) feet without a change in architecture to reduce their mass and appearance. The screening source (landscaping and berming or walls and/or decorative fencing) shall provide a minimum fifty percent (50%) opacity screen to a height of at least four (4) feet.

      9.   All necessary city or state licenses/permits shall be obtained and remain in good standing.

      10.   All exterior lighting shall conform to section 11-7-8 “Lighting Standards” of this title.

      11.   No public address system shall be audible from a noncommercial or nonindustrial use or district. Playing of music or advertisements from the public address system is prohibited.

      12.   Tents, rooftop parking, ramps or similar vertical devices for elevated displays are prohibited.

      13.   Signs shall conform to the performance standards outlined in this title as well as the standards listed below:

         a.   Pennants, balloons, streamers, pinwheels or other attention attracting devices are prohibited.

         b.   No freestanding light poles shall be uses as temporary sign supports, as flagpoles or to connect flags, streamers, or pennants.

         c.   No graphics shall be painted on the building or windows.

         d.   Open hoods of vehicles, windshields, car windows, trunks, roofs or the like shall not be used for individual letters or other signage.

         e.   No vehicle or trailer shall be parked in such a manner as to advertise the site location, or to promote or advertise a sale or event. (Ord. 2024-04, 6-4-2024; amd. Ord. B-317, 11-19-2024; Ord. B-322, 10-7-2025)

   A.   Brewery, Farm Winery, Or Distillery:

      1.   The use shall comply with all applicable provisions of state and local law and obtain all required licenses.

      2.   The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No loading docks or overhead vehicle doors shall be on a side abutting any public rights-of-way or any residential use or district.

      3.   The principal building shall be the primary source for screening of the loading area or any required outdoor equipment.

      4.   All drives, loading and parking areas for the brewery, farm winery, or distillery and associated uses shall be paved with a concrete or bituminous surface including concrete curbing.

      5.   Pedestrian circulation between the parking area and the brewery, farm winery, or distillery and associated uses shall be provided through sidewalks at least five (5) feet in width and paved with concrete, bituminous, pavers or similar hardscape.

      6.   Outdoor dining is subject to the performance standards outlined for outdoor dining in section 3-1-14 of this Code and section 11-6-8 "Accessory Uses, N-Z" of this chapter.

   B.   Microbrewery Or Microdistillery:

      1.   Compliance with all applicable provisions of state and local law and obtain all required licenses.

      2.   The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No loading docks or overhead vehicle doors shall be on a side abutting any public rights-of-way or any residential use or district.

      3.   The principal building shall be the primary source for screening of the loading area or any required outdoor equipment.

      4.   All drives, loading and parking areas for the microbrewery or microdistillery and associated uses shall be paved with a concrete or bituminous surface including concrete curbing.

      5.   Pedestrian circulation between the parking area and the microbrewery or microdistillery and associated uses shall be provided through sidewalks at least five (5) feet in width and paved with concrete, bituminous, pavers or similar hardscape.

      6.   Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3-1-14 of this Code and section 11-6-8 "Accessory Uses, N-Z" of this chapter.

   C.   Small Brewery:

      1.   Compliance with all applicable provisions of state and local law and obtain all required licenses.

      2.   The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No loading docks or overhead vehicle doors shall be on a side abutting any public rights-of-way or any residential use or district.

      3.   The principal building shall be the primary source for screening of the loading area or any required outdoor equipment.

      4.   Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3-1-14 of this Code and section 11-6-8 "Accessory Uses, N-Z" of this chapter.

   D.   Combined Heat And Power Plant:

      1.   The combined heat and power plant is customarily incidental and subordinate to the primary use of the site and must support existing processes within the facility. A minimum of eighty percent (80%) of power generated by the CHP plant must be utilized by the facility.

      2.   For the sale of power from the combined heat and power plant to remain incidental and subordinate to the primary use (i.e., the refinery), the sale of excess power cannot exceed thirty percent (30%) of the total amount of power needed to operate the principal use. This thirty percent (30%) limit, however, cannot be calculated based upon the total amount of power that can theoretically be generated by the CHP plant. Rather, the thirty percent (30%) sale limitation must be based upon:

         a.   The critical load and ancillary load demand of the refinery itself; and

         b.   Necessary redundancy power.

      3.   The owner/operator of the combined heat and power plant may not sell any power in excess of the maximum power sale amounts set forth herein without the advance consent of the city; the city shall only consider such a request by the owner/operator of the facility in the event of a crisis or casualty (i.e., a tornado, or other similar disaster).

      4.   The facility must have a single owner at all times.

      5.   The owner/operator of the combined heat and power plant is prohibited from selling, transferring or otherwise providing power to any third party user directly, and shall only sell, transfer, or otherwise provide power, if at all, to the city, Xcel Energy, Dakota Electric, and shall only export power through an interconnection with the regional electric grid.

      6.   Maximum height of any structure cannot exceed that allowed by the zoning ordinance or that of any existing structures within the facility, whichever is lower.

      7.   The project must comply with all other applicable zoning code provisions for the I-2 District with regard to site and building requirements as well as performance standards.

      8.   The project must comply with all requirements of state and federal agencies.

      9.   Landscaping plans must take into account sightlines from neighboring rights-of-way and land uses that differ from the project.

      10.   The CHP plant cannot exceed the principal structure in square footage, height, or massing as determined by the city.

      11.   The parcel where the CHP plant is located must be greater than one hundred (100) acres.

   E.   Construction Demolition Waste Facility:

      1.   Recycling operations subject to the requirements of subsection J below.

      2.   The facility is developed, operated and maintained in accordance with an approved interim use permit by the City of Rosemount and all other applicable local, state and federal laws.

      3.   Permits for the facility by the State of Minnesota and Dakota County are pending or have received approval.

   F.   Large-Scale Mineral Extraction:

      1.   Large-scale mineral extraction uses shall only be established within the following boundary: CSAH 42 to the north, County Road 73 to the east, CSAH 46 to the south and Biscayne Avenue to the west.

      2.   Permit Required: It shall be unlawful for any person, firm or corporation to remove, store or excavate rock, sand, gravel, clay, silt or other like material in the city, or to fill or raise the existing surface grades, without receiving a permit for large-scale mineral extraction. Such permits may only be issued in a zoning district where large-scale mineral extraction is listed as an interim use and within the boundary identified above.

      3.   Initial large scale mineral extraction permit applications for a permit under this section shall be submitted with and considered simultaneously with an application for an interim use permit under section 11-9-4 "Interim Use Permit" of this title. No permit will be required for any of the following:

         a.   Excavation for a foundation, cellar or basement of a building if a building permit has been issued.

         b.   Excavation by state, county or city authorities in connection with construction or maintenance of roads, highways or utilities.

         c.   Curb cuts, utility hookups or street opening for which another permit has been issued by the city.

         d.   Excavation less than one hundred (100) square feet in area or one (1) foot in depth.

         e.   Excavation or grading for agricultural purposes.

      4.   Review Process:

         a.   Public Hearing: A public hearing will be conducted for consideration of permit applications. The public hearing, public notice and procedure requirements for the permits shall be the same as those for amendments as provided in section 11-9-2 "Zoning Code Amendment" of this title.

         b.   Criteria For Permit Approval: The following factors will be evaluated when determining whether to approve a large-scale mineral extraction operation. The approval or denial of a permit shall include, but not be limited to, findings on the following factors:

         (1)   Consistency With City Plans And Policies: The proposed large scale mineral extraction permit is consistent with the comprehensive guide plan and the location is suitable in that the excavation, mining, processing, stockpiling or hauling of sand and gravel deposits will not tend to create a nuisance or unreasonably adverse land use impacts or exceed local, state or federal safety and environmental standards on the adjacent properties. The applicant for a permit, at the applicant's sole cost, shall provide information to help determine the suitability, including, but not limited to, a completed zoning amendment application; exhibits illustrating adjacent and on-site buildings and land uses; existing elevations and percent of slope within and three hundred (300) feet beyond the perimeter of the EIS boundary; and an environmental impact statement.

         (2)   Environmental Impacts: An environmental impact statement (as defined by Minnesota environmental quality board rules) shall be completed for each large-scale gravel mining project proposed. The proposed project shall be so designed and operated as to minimize adverse impacts identified in the environmental impact statement. The environmental impact statement shall be considered by the city council prior to any final action on a large-scale mineral extraction permit request. The application for a large-scale mineral extraction permit shall not be considered complete until the time as final comment has been received on the adequacy of the environmental impact statement.

      5.   Application Requirements: The application for a large-scale mineral extraction permit shall include the following:

         a.   The correct legal description of the land upon which excavation is proposed.

         b.   The name and address of the applicant, the owner of the land and the person or corporation conducting the actual removal operation.

         c.   The names and addresses of all adjacent landowners within one-fourth (0.25) mile.

         d.   The purpose of the proposed excavation.

         e.   The estimated time required to complete the proposed excavation and rehabilitation.

         f.   The names of the highways, streets or other public roadways within the city upon which the material shall be transported.

         g.   A map of the proposed pit or excavation area to a scale of one inch equals two hundred feet (1" = 200') showing the presently excavated area, the area proposed to be excavated during the permit period, and the minimum and maximum elevations of the area, and showing a minimum of three hundred (300) feet of the adjacent land on all sides of the proposed excavation area.

         h.   A rehabilitation, reclamation, and restoration plan providing for the orderly and continuing rehabilitation of all excavated land. Such plan shall illustrate, using appropriate photographs, maps, and surveys drawn to a scale of one inch equals two hundred feet (1" = 200') and with a five (5) foot contour interval satisfactory to the engineer, the following:

         (1)   Removal Of Planned Contours: The removal of planned contours of the land when the mineral removal operations are completed.

         (2)   Timetable: The estimated period of time that the pit will be operated and a schedule setting forth the timetable for excavation and rehabilitation of land lying within the active, inactive and restoration areas.

         (3)   Storage: Those areas of the site used for storage of topsoil and overburden.

         (4)   Depth; Slope; Revegetation: The depth of all water bodies, the slopes of all slopes after rehabilitation and a description of the type and quantity of plantings where revegetation is to be established.

         (5)   Contour Extension: The five-foot contours shall extend at least two hundred (200) feet beyond the boundary of the operation or beyond the adjoining right-of-way, whichever is more inclusive.

         (6)   Ancillary And Accessory Uses: Ancillary and accessory use rehabilitation, reclamation, and restoration plan.

         (7)   Maximum Slope: The maximum slope of the reclamation area that is developable shall be at no steeper than five (5) feet horizontal to one (1) foot vertical. The maximum slope of the reclamation area that is undevelopable, such as the area between a water body and a right-of-way line shall be no steeper than two (2) feet horizontal to one (1) foot vertical. Any slope greater than three (3) feet horizontal to one (1) foot vertical shall be designed by a licensed engineer and approved by the city engineer.

         (8)   Adjacent To Water Bodies: For manmade groundwater lakes, the bottom contour shall be gradually sloping from the shoreline to the deepest portion of the water body at a maximum slope of ten (10) feet horizontal to one (1) foot vertical from at least fifty (50) feet upland from the proposed shoreline to at least ten (10) feet from the proposed shoreline toward the center of the water body. Beyond ten (10) feet in horizontal distance, the slope of the bottom contours may be no steeper than two to one (2:1).

         i.   When mining is proposed within the groundwater or within twenty (20) vertical feet of a historic groundwater measurement elevation, then a hydrogeological study shall be submitted. The study will include tests of soils and groundwater to determine the presence of contaminants on the site that will, or could be, released to the groundwater or the environment by mining or related activities. All contaminants of concern identified in the EIS and any other contaminants identified by the city council will be studied unless the applicant demonstrates to the satisfaction of the city council that such study is not warranted. The hydrogeological study shall include the following:

         (1)   Description of each groundwater excavation (size, shape and location).

         (2)   Description of the location and construction information of all wells within three hundred (300) feet of the EIS boundary.

         (3)   Description of the proposed fill activity (grain size distribution, quantity, and placement procedures).

         (4)   Description of the aquifer characteristics in the area of each groundwater excavation to be affected by proposed fill activity (aquifer thickness and general geological setting).

         (5)   Description of the impacts of the proposed fill activity on groundwater flow regimes.

         (6)   Description of a groundwater monitoring plan including evidence, to the city council's satisfaction, that the proposed monitoring will provide timely and effective notice of changes to the hydrology, the presence of contaminants of concern that were not previously identified, or the release, movement, or the threatened release of contaminants.

         (7)   Identify and describe all measures that will be taken to avoid potential impacts on the groundwater from mining or related activities including, but not limited to, testing, monitoring, containment, and mitigation.

         (8)   Identify the depth to Prairie Du Chien aquifer and determine the appropriate separation between the mining activity and the aquifer.

         (9)   Such other information as the city may from time to time require.

         j.   Location of any and all existing wells and the size and depth thereof.

         k.   Surface water protection plan including a contingency response plan and employee training to facilitate immediate and remedial response should any accident, release of contaminant, or other spill occur.

         l.   Such other information as the city may from time to time require, including, but not limited to, the location or anticipated location of all stockpiles of aggregate based construction debris material on the land for which the permit is desired.

      6.   Performance Standards:

         a.   Boundary: Extraction operations shall be conducted within the confines of the excavation site described in the permit.

         b.   Access: Extraction operations shall only be allowed on sites that have direct access to a principal arterial, minor arterial, or collector street as designated in the city of Rosemount comprehensive guide plan. A local street may be used if approved by the city council.

         c.   Setbacks: Setback boundaries shall be as follows. Where setbacks are measured from zoning district boundaries that occur along a public street right of way, the zoning district boundary is assumed to be the centerline of that public right-of-way.

         (1)   Residential Zoning District: Three hundred fifty (350) feet.

         (2)   Industrial, Commercial Or Institutional Zoning District: One hundred fifty (150) feet.

         (3)   Agricultural Zoning District: Thirty (30) feet.

         (4)   Inhabited Residence Not In A Residential Zoning District: Two hundred (200) feet.

         (5)   Rights-of-Way Or Streets: Seventy-five (75) feet.

         (6)   Preexisting Water Bodies: One hundred fifty (150) feet.

         d.   Height:

         (1)   The height of all equipment, stockpiles, and all other operations, except those described in provisions (2) and (3) below, within the permitted mineral extraction operation shall not exceed sixty (60) feet. This standard does not apply to the ancillary facilities covered by a separate interim use permit.

         (2)   The city council may approve a limited number of stationary conveyors to a height no taller than sixty-five (65) feet provided that all practical means of screening and setbacks are employed into the conveyor's construction and installation.

         (3)   The floating dredge shall not exceed seventy-five (75) feet in height.

         e.   Appearance, Screening, And Berming: The mining shall be screened from any public right-of-way or urban development through a combination of existing stands of trees, berming and installed landscaping.

         (1)   Existing Tree Stands: The preferred method of screening the mining operation is the maintaining existing stands of trees that would provide a level of at least ninety percent (90%) opacity. If the stand of trees does not provide ninety percent (90%) opacity, then additional landscaping or berming shall be installed to provide ninety percent (90%) opacity. An annual opacity audit of the tree stands shall be conducted and dead vegetation shall be removed and additional landscaping or berming shall be installed to maintain ninety percent (90%) opacity. The methodology for the opacity measure shall be taken during full leaf growth from the shoulder of any public road or neighboring property to determine opacity in a band five to seven (7) feet off the ground.

         (2)   Berms: Berms shall be constructed in areas where the existing tree stands do not exist. The berms shall be at least ten (10) feet in height measured from the toe of the berm or from the fog line of the existing public road, whichever results in the greatest height of the berm.

         f.   Hours Of Operation:

         (1)   Mining: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday. The community development director may authorize Sunday operation from eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. on no more than five (5) Sundays annually provided the operator notifies the community development director no less than seventy-two (72) hours before a Sunday operation. The city council may grant special permission for extra hours of operation within the annual extraction permit. The extra hours of operation may be conditioned on more restrictive performance standards to address the additional adverse impacts caused by the extra hours of operation.

         (2)   Crushing And Washing: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday. The city council may grant special permission for extra hours of operation within the annual extraction permit. The extra hours of operation may be conditioned on more restrictive performance standards to address the adverse impacts caused by the extra hours of operation.

         (3)   Truck Hauling: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday. The community development director may authorize Sunday operation from eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. on no more than five (5) Sundays annually provided the operator notifies the community development director no less than seventy-two (72) hours before a Sunday operation. The city council may grant special permission for extra hours of operation within the annual extraction permit. The extra hours of operation may be conditioned on more restrictive performance standards, including, but not limited to, the truck haul routes, to address the adverse impacts caused by the extra hours of operation.

         (4)   Staging Activities: Staging activities will be permitted one-half (1/2) hour before normal hours and one-half (1/2) hour after normal hours. Staging activities include lining up and loading of trucks, equipment inspections, fueling, and other similar related actions. Trucks may enter the site within one-half (1/2) hour before the normal hours; however, no gravel trucks may leave the site until normal hours of operation. After the P.M. normal hours of operation and within one-half (1/2) hour past the P.M. normal hours of operation, site cleanup and equipment maintenance is permitted as well.

         g.   Slopes:

         (1)   Mining: During the entire period of operations, all excavations other than the working face shall be sloped on all sides no steeper than one foot horizontal to one foot vertical, unless a steeper slope is approved by the city engineer.

         (2)   Berming: The public view or right-of-way face of the perimeter berms shall be sloped no steeper than four (4) feet horizontal to one (1) foot vertical. The extraction side of the perimeter berm shall be sloped no steeper than three (3) feet horizontal to one (1) foot vertical.

         h.   Noise: Maximum noise level at the perimeter of the EIS boundary shall comply with the limits or standards established by the Minnesota pollution control agency and the United States environmental protection agency.

         i.   Paved Access Road: All access roads from a large-scale mineral extraction operation to any public roadway shall be paved with asphalt or concrete for a distance of at least one hundred fifty (150) feet, measured from the mining side of the public right-of-way, to minimize dust conditions. During the annual operating permit review, the city council may require additional paving length if dust and mud tracking are identified as a problem by the city. All unpaved roads within the mining operation shall be treated with a dust retardant on a regular basis as stipulated in the annual operating permit.

         j.   Dust Control: Operators shall use all practical means to reduce the amount of fugitive dust generated by excavation operations. In any event, the amount of dust or other particulate matter generated by the excavation shall not exceed air pollution standards established by the Minnesota pollution control agency. On days with wind advisory, as defined by the national oceanic and atmospheric administration's national weather service, the community development director may require during the time of wind advisory that the dry mining operation cease operations to eliminate additional dust generation.

         k.   Explosives: The use of explosives in the large-scale mineral extraction operation is prohibited.

         l.   Surface Water Pollution: The permittee shall prepare a surface water protection plan to ensure that surface water quality is not impacted by the mining operation, accidents or spills within the EIS boundary. The mining plans shall comply with the city's surface water management plan. Excavation operators shall comply with all applicable Minnesota pollution control agency and department of natural resources regulations and all applicable United States environmental protection agency regulations for the protection of water quality. No waste products or processed residue, including untreated wash water, shall be deposited in any public waters of the state of Minnesota.

         m.   Groundwater: The excavation operators shall prepare a groundwater monitoring plan to ensure that groundwater flow, level, or quality is not impacted. The groundwater monitoring plan shall comply with city and Minnesota department of health regulations. The groundwater monitoring plan may include the surface water monitoring of any created water body that is fed by groundwater including the monitoring of any water bodies or channelized waterways tributary to the created water body.

         n.   Wastewater: On site sewage treatment systems shall conform with title 9, chapter 6 of this code, Dakota County ordinance 113, and all applicable state and federal regulations.

         o.   Topsoil: All topsoil located within the EIS boundary before the mineral extraction operation begins, except the topsoil located over areas that are planned to be reclaimed as open water, shall remain within boundaries of the operation. Additional topsoil may be retained to ensure that a minimum of six (6) inches of topsoil is placed on all areas reclaimed and restored as dry ground.

         p.   Landscaping:

         (1)   Existing tree and ground cover shall be preserved to the maximum extent feasible, maintained or supplemented by selective cutting, transplanting and replanting of trees, shrubs and other ground cover along all setback areas.

         (2)   The public view and right-of-way side of berms that are planned to exist longer than fifteen (15) years shall be landscaped with a density of one tree per six hundred twenty-five (625) square feet. A minimum of sixty-six percent (66%) of the trees shall be conifers.

         (3)   The city council may consider staggering the timing of the installation of the landscaping if more berming is constructed than is required to screen the phase of mining permitted with the annual operating permit.

         (4)   Berms that are planned to exist less than fifteen (15) years shall be landscaped with a standard MNDOT ROW mix.

         (5)   All areas reclaimed shall be seeded with a city approved seed mix within fourteen (14) days of final grade being established. Additional seeding shall be applied as needed until the vegetation has been established.

         (6)   The city may require cover over areas that have remained undisturbed for more than twelve (12) months if it is determined that these areas generate airborne dust particles.

         q.   Maintenance Of Mining Vehicles:

         (1)   All machinery shall be kept operational.

         (2)   Abandoned machinery and rubbish shall be promptly removed from the excavation site.

         (3)   All machinery shall be periodically inspected, repaired, and painted as needed to prevent rusting or other deterioration of the machinery.

         r.   Lighting: Any lighting shall be shielded to prevent lights from being directed at traffic on a public road in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. The level of lighting shall not exceed 1.0 lumen at the EIS boundary line.

         s.   Compliance With Other Governmental Regulations: The large-scale mineral extraction operation shall comply with all applicable federal, state, and county laws and regulations, including Dakota County ordinances 110 and 111.

         t.   Compliance with the EIS: The city shall determine permit conditions and requirements that address issues and potential impacts that include, but are not limited to, those described in the EIS. The city council may require additional studies or information on any issues that the council determines were not adequately addressed in the EIS because the EIS does not contain sufficient detail for permitting purposes, because the proposed means of mitigation have changed, because new mitigation techniques are available, because new information has been discovered, or for any other reason.

         u.   Council Waiver: The city council, at the time of issuance of the annual extraction permit, may waive or modify any of the provisions in this section or impose additional requirements if it finds that the plan of operation or other materials submitted with the application or other factors make appropriate more suitable measures for standards consistent with the public health, safety and welfare.

      7.   Special Requirements:

         a.   Reimbursement Of City Costs: The permittee shall reimburse the city for the cost of periodic inspections for the purpose of determining that the provisions of the extraction permit and this section are being followed. The city may retain consultants at the applicant's expense to evaluate the application requirements, monitoring and testing results.

         b.   Haul Routes: The applicant shall submit to the city a detailed map of the streets on which the material removed shall be transported (haul routes). The city shall inspect the haul routes proposed to be used by the applicant or owner and shall recommend to the city council necessary upgrading or repairing of the haul routes prior to their use by the applicant or owner. The city council shall designate the haul routes and may consider the recommendations of the responsible city officials in the extraction permit issued to the applicant. It shall be the responsibility of the applicant or owner to maintain the haul routes in accordance with the provisions set forth in the permit. The city shall periodically inspect haul routes to ensure compliance with the permit. During the period of, or upon completion of, the excavation operations, the applicant or owner shall make any necessary repairs to the haul routes as recommended by the city. All costs of inspection provided for in this subsection shall be borne by the applicant or owner. The use of the haul routes shall be subject to any road and weight restrictions imposed by the city. The operator shall be responsible for reimbursing the city for any additional maintenance costs incurred for public roads as a result of the mining operation.

         c.   Gravel Production And Phasing:

         (1)   A phasing plan shall be prepared.

         (2)   No mineral extraction permit shall authorize extraction operations to be conducted in more than two (2) noncontiguous eighty (80)-acre areas of an extraction operation concurrently.

         (3)   No mineral extraction permit shall authorize extraction to be conducted on more than one hundred sixty (160) acres at one time.

         d.   Other Requirements As Determined By The Council: The permittee shall comply with such other requirements as the city council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare.

      8.   Reclamation, Restoration, And Rehabilitation:

         a.   Phased Operation: To ensure that the mine is reclaimed in a timely and orderly manner, the mining operation shall be divided into phases of no more than eighty (80) acres per phase.

         b.   Significant Transportation Corridors: The reclamation plan shall show all future collector and arterial roadways. To provide for the roadway and utility construction of these future roadways, a reasonable reclamation grade as determined by the city shall be established within the entire designated right of way width for the appropriate roadway classification. Within twenty-four (24) months of receipt of written notice from the city that the collector or arterial right- of-way is needed for either roadway and/or utility construction, the permittee will complete mining within that right-of-way and reclaim the right-of-way to the grades approved within the interim reclamation plan.

         c.   Trunk Utility Services: Within twenty-four (24) months of receipt of written notice from the city that public trunk utility services are needed to be constructed within the mining operation, the permittee shall provide an easement for the utility construction, complete the mining within the easement, and reclaim the easement to the grades approved within the interim reclamation plan.

         d.   Water Bodies And Drainage Plan: The city has an adopted surface water management plan which plans for the conveyance of surface water across the city. The mining operation shall allow for the conveyance of surface water within the approved mining areas as called for within the surface water management plan.

         e.   Interim Reclamation Plan: The permittee shall provide an interim reclamation plan which provides reclamation grades for all eighty (80)-acre phases that would allow for agricultural use immediately following reclamation.

         f.   End Use Grading Plan: The comprehensive plan anticipates that the ultimate use for the entirety of the city is urban development. To accommodate this ultimate use and allow for orderly development, the permittee shall provide an end use grading plan that can reasonably accommodate urban development. For mining operations that are expected to require more than twenty (20) years to complete, the city council may approve an end use grading plan for the area that is expected to be completed within twenty (20) years. The city council shall not approve an annual operating permit for an area without an approved end use grading plan.

         g.   Removal Of Buildings, Structures, And Vehicles: Within eighteen (18) months of the reclamation of each phase, all buildings, structures and plants incidental to that phase of operation shall be dismantled and removed by and at the expense of the sand and gravel producer last operating the building, structure or plant, or the owner of the property, unless the structure or use is compatible with the anticipated ultimate use of the property. All buildings, structures or plants not removed as required by this section may be removed by the city with the costs for the removal charged to the permittee or the owner of the property.

         h.   Haul Back Materials And Operations: The city council may permit the depositing of clean and compactable inorganic fill that is able to support urban development to achieve the reclamation grades. The permittee shall submit a haul back management plan that includes the types of fill that shall be deposited, where the fill comes from, and what testing of the fill shall occur. The testing result for the material proposed to be used as fill shall be submitted to and approved by city staff before the fill material is transferred within the EIS boundary. All fill deposited within the mining operation must be able to support urban residential development.

         i.   Duration Of Mining And/Or Ancillary Uses: To provide for the orderly development of the city, the city council shall determine the duration of the mining or ancillary use within the interim use permit.

      9.   Operating Permit:

         a.   Purpose Pf The Operating Permit: A large scale mineral extraction operation may extend for years or decades to complete. The purpose of the operating permit is to provide an opportunity for the city council to review the operation of the mine, gather public comment on the operation, modify any permit conditions as necessary to address adverse impacts that arise from the operation, and revise the phases and/or subphases of the mine. The large-scale mineral extraction interim use permit provides a zoning basis for the mine provided the city issues an operating permit.

         b.   Application, Public Hearing, Notice And Procedure: The application, public hearing, public notice and procedure requirements for operating permit shall be the same as those for amendments as provided in section 11-9-2 Zoning Code Amendment of this title, except that the permit may be issued only on the affirmative vote of a majority of the entire city council.

         c.   Area Without An End Use Grading Plan: The city council shall not issue an operating permit for an area without an approved end use grading plan that accommodates urban development.

         d.   Duration Of Operating Permit: The large-scale mineral extraction permit shall run for two (2) years from January 1 through December 31 of the next year or for a lesser period of time as the city council may specify at the time of issuance of the extraction permit. If the extraction permit is to run for less than two (2) full years, the fee shall be prorated as determined by the city council. An administrative review of the permit will be completed mid-way through the two (2)-year period.

         e.   Operating Permit Fee: The fee for large scale mineral extraction permit shall be as established from time to time by resolution of the city council.

         f.   Inspections: The city may inspect all mineral extraction sites where a large-scale mineral extraction permit has been issued. The operator or owner of any large-scale mineral extraction operation found in violation of the requirements of this title or its extraction permit shall remedy such violations within the time specified by written notice from the city.

         g.   Financial Surety: The city council shall require the applicant or owner of the premises on which the excavation operation is located to post a surety with a surety acceptable to the city, cash escrow, performance bond or letter of credit ("security") in an amount and source determined by the city council, in favor of the city, conditioned to pay the city the costs and expense of repairing any streets where such repair work is made necessary by the special burden resulting from hauling and travel, and removing material from any pit or excavation, and conducting required rehabilitation and conditioned further to comply with all the requirements of this section and the particular extraction permit, and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom a permit is issued. The security shall remain in full force and effect for a minimum period of one (1) year after expiration of the extraction permit to guarantee the required rehabilitation as well as the other requirements herein provided. The surety bond will be based on the number of acres requested within the annual renewal extraction permit, the amount of acres that have not been reclaimed to the end use grading plan elevations, and an amount that can be immediately withdrawn for the special burden of street repair or to replace insufficient landscaping. Surety for unfulfilled rehabilitation measures will be determined and a security will be required as long as the rehabilitation measures are not completed.

         h.   Insurance: The permittee shall maintain general liability insurance and provide the city annually a certificate of general liability insurance issued by insurers duly licensed within the state of Minnesota. The city council shall determine the appropriate amount of liability insurance every two (2) years during its review of the permit renewal.

      10.   Enforcement:

         a.   Notice Of Violation: Whenever the city finds that the permittee has violated a prohibition or failed to meet a requirement of this section, the authorized enforcement agency may order compliance by written notice of violation to the permittee. Such notice may require, without limitation:

         (1)   The performance of monitoring, analysis, and reporting;

         (2)   That violating practices or operations shall cease and desist;

         (3)   The abatement or remediation of contamination or hazards and the restoration of any affected property;

         (4)   The notice shall state that the determination of violation may be appealed to the city administrator by filing with the city clerk a written notice of appeal within seven (7) calendar days of service of the notice of violation.

         b.   Appeal Of Notice Of Violation: Upon receiving a notice of violation, the permittee may appeal the determination of the authorized enforcement agency. The notice of appeal must be received by the city clerk within seven (7) calendar days from the date of the notice of violation. Hearing on the appeal before the city administrator or the city administrator's designee shall take place within seven (7) calendar days from the date of receipt of the notice of appeal. The decision of the city administrator or city administrator's designee shall be final.

         c.   Enforcement Measures After Appeal: If the violation had not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within fifteen (15) days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

         d.   Cost Of Abatement Of The Violation: Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority, the enforcement agency may levy the charges as a special assessment against the property, which assessments shall constitute a lien on the property for the amount of the assessment. The permittee violating any of the provisions of this section shall become liable to the city by reason of such violation.

         e.   Legal Action: It shall be unlawful for the permittee to violate any provision or fail to comply with any of the requirements of this section. If the permittee has violated and continues to violate the provisions of this section, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the permittee from activities which would create further violations or compelling the permittee to perform abatement or remediation of the violation, or seek any other available remedy in law or equity.

         f.   Compensatory Action: In lieu of enforcement proceedings, penalties, and remedies authorized by this section, the authorized enforcement agency and violator may agree on alternative compensatory actions.

         g.   Nuisance: In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

         h.   Criminal Prosecution: The permittee that has violated or continues to violate this section shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty in accordance with section 1-4-1 of this code. The authorized enforcement agency may recover all attorney fees, court costs, and other expenses associated with enforcement of this section, including sampling and monitoring expenses.

         i.   Suspension Or Revocation Of Permit:

         (1)   The city council may suspend or revoke a permit issued under this section upon a finding of a violation of any of the provisions of this section or violation of any condition of the annual operating permit.

         (2)   A revocation or suspension by the city council shall be preceded by written notice to the permittee and a public hearing. The written notice shall give at least eight (8) days' notice of the time and place of the hearing and shall state the nature of the charges against the permittee. The notice may be served upon the permittee personally or by United States mail addressed to the most recent address in license application.

   G.   Large-Scale Mineral Extraction, Ancillary Uses:

      1.   An ancillary use may be allowed provided that any of the following conditions are met:

         a.   On a site that has an approved large scale mineral extraction permit in compliance with this section; or

         b.   In conjunction with large scale mineral extraction occurring within the approved EIS boundary, provided the adjoining municipality has approved the large-scale mineral extraction and provided the ancillary use facility was originally an interim use permit in conjunction with large scale mineral extraction in the city of Rosemount.

      2.   Ancillary Uses Considered: The following is a list of ancillary uses that may be considered in association with a large-scale mineral extraction operation and the issues and performance standards that shall be addressed within the interim use permit:

         a.   Aggregate processing and recycled aggregate products production. The conveying, crushing, mixing, screening, and washing of aggregate and recycling concrete and asphalt may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. In addition, the following performance standards shall apply:

         (1)   Location: The plant shall be located in such a way as to minimize its visibility from an adjacent residential use or a public right-of-way. This may be accomplished through topography, landscaping, existing vegetation, berming or setback.

         (2)   Material Stockpiles: Stockpiles associated with these uses shall be limited to a height of sixty (60) feet.

         (3)   Hours Of Operation: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday unless special permission is granted by the city council within the interim use permit. The extra hours of operation may be conditioned on more restrictive performance standards to address the adverse impacts caused by the extra hours.

         (4)   Ratio Of Aggregate Processing To Recycled Aggregate Products Production: To maximize the use of mined aggregate material and minimize importing of recycled material transported from outside the associated gravel mine, a ratio of aggregate processing to recycled aggregate product processing shall be established within the interim use permit. The ratio shall have a minimum of seventy percent (70%) aggregate processing and a maximum of thirty (30%) recycled aggregate product processing. The ratio shall be based on tonnage sales and the actual tonnage sales shall be reported to the city on an annual basis. The city council may limit the area in the aggregate process facility in which the recycled aggregate products may be stored.

         b.   Asphalt Production: A plant for the production of asphalt may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. In addition, the following performance standards shall apply:

         (1)   Location: The asphalt plant and all equipment associated with it shall be located a minimum of six hundred sixty (660) feet from any nonagricultural zoned land.

         (2)   Setback And Buffering: The plant and all equipment and materials associated with it shall be set back a minimum of seventy-five (75) feet from any EIS boundary line and screened by natural features including berming or vegetation. Year round one hundred percent (100%) opaque screening with earthen berms and landscaping shall be required from ground level to the first thirty percent (30%) of the overall height and fifty percent (50%) opaque to fifty percent (50%) of the overall height of the plant as viewed from eye level from surrounding rights-of-way or roadways.

         (3)   Haul Routes: Traffic generated by this use shall utilize haul routes approved by the city and other agencies as required. The plant owner shall be responsible for road improvements and easements needed for ingress and egress subject to approval by the city. The haul routes may require Dakota County highway department or the Minnesota department of transportation approval as well.

         (4)   Access: Traffic generated by this use shall enter onto streets consistent with city access and design standards. The owner of these uses shall be responsible for all costs associated with road improvements required to serve the use.

         (5)   Material Stockpiles: Stockpiles associated with these uses shall be limited to a height of sixty (60) feet.

         (6)   Outdoor Storage: There shall be no outdoor storage of finished material or products. All equipment and raw material associated with the asphalt plant must be screened from view from an adjacent residential use or public right of way in conformance with section 11-7-6 Landscaping, Screening, and Buffering Standards of this title.

         (7)   Air Emissions: Asphalt operations shall comply with Minnesota rules, part 7011 for testing, monitoring and operational requirements.

         (8)   Waste Byproducts: This use shall operate so as not to discharge onto the soils within the EIS boundary, across the boundaries of the EIS boundary line or through percolation into the subsoil within the EIS boundary or beyond the EIS boundary line where such use is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare; or, cause injury or damage to property or business.

         (9)   Odors: This use shall operate so as to prevent the emission of odorous matter of such quality as to be detectable beyond EIS boundary line.

         (10)   Surety Bond: This use shall comply with the applicable operating, special requirements and bonding for restoration standards for mineral extraction specified in subsection K7 of this section.

         (11)   Hours Of Operation: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday unless special permission is granted by the city council within the interim use permit. The extra hours of operation may be conditioned on more restrictive performance standards to address the adverse impacts caused by the extra hours.

         c.   Casting Yard: A facility for the manufacturing of precast concrete products may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. The casting of the concrete products shall occur within a building while the curing of the products may occur outdoors. The city council may approve the outdoor casting of oversized concrete products provided that the oversized products are to be used in a construction project that the operator has been awarded and the outdoor oversized product casting ceases when the construction project is finished. The construction and design of a casting yard that will exist longer than ten (10) years shall comply with site, lot, and building standards established for the I-2 District.

         d.   Concrete Production: A plant for the production of concrete may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. In addition, the following performance standards shall apply:

         (1)   Location: The plant shall be located in such a way as to minimize its visibility from an adjacent residential use or a public right-of-way. This may be accomplished through topography, landscaping, existing vegetation, berming or setback. The minimum setback from any EIS boundary line shall be twice the height of the plant or applicable setback under this code, whichever is greater.

         (2)   Multiple Ready Mix Concrete Plants: If a facility is to have multiple concrete plants, each concrete plant shall have its own separate interim use permit. The primary ready mix concrete plant shall have the equipment, except for silos and the conveyors that transport materials into the building, enclosed within a building. One or more secondary concrete plants may be permitted if an active interim use permit for the primary concrete plant has been approved that includes a requirement that the primary concrete plant building be completed within eighteen (18) months of approval.

         (3)   Plant Height: The maximum height of any concrete plant shall be one hundred five (105) feet.

         (4)   Material Stockpiles: Stockpiles associated with these uses shall be limited to a height of sixty (60) feet.

         (5)   Outdoor Storage: There shall be no outdoor storage of finished material or products. All equipment and raw material associated with the cement or concrete plant must be screened from view from an adjacent residential use or public right of way in conformance with section 11-7-6 Landscaping, Screening, and Buffering Standards of this title.

         (6)   Hours Of Operation: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday unless special permission is granted by the city council within the interim use permit. The extra hours of operation may be conditioned on more restrictive performance standards to address the additional adverse impacts resulting from the extra hours.

         (7)   Haul Routes: Traffic generated by this use shall utilize haul routes approved by the city and other agencies as required. The plant owner shall be responsible for road improvements and easements needed for ingress and egress subject to approval by the city. The haul routes may require Dakota County highway department or the Minnesota department of transportation approval as well.

         e.   Maintenance Facility. A facility for the repair of trucks, other vehicles and equipment used in a mineral extraction operation may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. The construction and design of the maintenance facility shall comply with site, lot, and building standards established for the I-2 District.

   H.   Manufacturing, Custom:

      1.   This use includes accessory retail sales and display.

      2.   The size of a custom manufacturing facility shall be no greater than ten thousand (10,000) gross square feet.

      3.   Such use shall be prohibited on property abutting a residential district.

   I.   Manufacturing, Heavy:

      1.   Asphalt Plant, Cement and Concrete Production and Related Processing of Stockpile Materials, subject to the following:

         a.   The asphalt, cement, or concrete plant and all equipment and materials associated with it shall be located a minimum of six hundred (600) feet from any nonindustrial district land, and two thousand six hundred (2,600) feet from any residential or public district.

         b.   The plant and all equipment and materials associated with it shall be set back a minimum of three hundred (300) feet from any property boundary line and screened by natural features including changes in elevation and vegetation. Year round one hundred percent (100%) opaque screening with earthen berms and landscaping shall be required from ground level to the first thirty percent (30%) of the overall height and fifty percent (50%) opaque to fifty percent (50%) of the overall height of the plant as viewed from eye level from surrounding right-of-way or roadways.

         c.   Asphalt plant, cement and concrete production may be exempt from conformance with the following standards of the zoning ordinance at the discretion of the city council:

         (1)   Section 11-7-2 "Architectural Standards" of this title;

         (2)   Subsection 11-7-3 C.7 "Off Street Parking Design and Construction Standards" of this title;

         (3)   Section 11-7-6 "Landscaping, Screening, and Buffering Standards" of this title; and

         (4)   Subsection 11-4-5 E.2 requiring a minimum building size of ten percent (10%) of the subject property.

         d.   Traffic generated by these uses shall utilize haul routes approved by the city and other agencies as required. The plant owner shall be responsible for road improvements and easements needed for ingress and egress subject to approval by the city, as well as the county highway department or the Minnesota department of transportation as required.

         e.   Traffic generated by these uses shall enter onto streets consistent with city access and design standards. The owner of these uses shall be responsible for all costs associated with road improvements required to serve the use.

         f.   Stockpiles associated with these uses shall be limited to a height of fifty (50) feet.

         g.   No smoke or particulate matter shall be discharged that is darker than no. 1 classification of the Ringelmann smoke chart furnished by the U.S. bureau of mines, or twenty percent (20%) opacity as determined by the MPCA. Further, emissions shall conform to standards set by EPA and MPCA.

         h.   These uses shall operate so as not to discharge onto the soils of the lot, across the boundaries of the lot or through percolation into the subsoil of the lot or beyond the boundary of the lot where such use is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare; or, cause injury or damage to property or business.

         i.   These uses shall operate in a way so as to prevent the emission of odorous matter of such quality as to be readily detectable beyond the lot line of the site on which such use is located.

         j.   These uses shall comply with the applicable operating, special requirements and bonding for restoration standards for mineral extraction specified in subsection L "Small-scale Mineral Extraction" of this section.

         k.   In the A-2 District, cement or concrete production is permitted provided the site has an approved mineral extraction permit in compliance with subsection L "Small-scale Mineral Extraction" of this section.

      2.   Lumber And Construction Materials Businesses:

         a.   A principal structure must be built on site.

         b.   Lumber and construction material yards are subject to the performance standards outlined for outdoor display, sales, and storage in the I-2 District.

         c.   In the I-2, wholesale lumber and construction materials businesses are permitted subject to the standards above.

   J.   Nonhazardous Industrial Waste Containment Facility:

      1.   Permit applicants shall submit the following information together with any other information requested by the city:

         a.   The proposed project layout including site drawings showing building locations, access roads, buffers and all major facilities.

         b.   Proposed technology and design.

         c.   A complete description of the proposed project's operation, including, but not limited to, phasing and anticipated operating lifetime, types of wastes to be accepted and methods to verify the waste stream, recordkeeping methods, staffing, anticipated waste volumes, containment facilities, contingency and response plans.

         d.   A description of anticipated traffic generated by the facility, routes to be used, and access to the site.

         e.   Identification of known and potential environmental risks associated with the construction, operation and closure of the facility.

         f.   Closure, postclosure and contingency plans, including financing plans.

         g.   A description of the existing site and surrounding area including current ownership and land uses, current zoning, transportation access to the site, topography, existing soil and hydrogeologic conditions, vegetation, wildlife, surface waters.

         h.   Need for city emergency services including fire, police, emergency response, medical.

         i.   A description of the applicant's experience in operating the technology, proposed training for all operation staff, and the environmental record of the technology.

      2.   Permits for nonhazardous industrial waste land disposal facilities shall only be issued if the following standards are met or exceeded:

         a.   The facility must represent the best available technology for land disposal of nonhazardous industrial waste.

         b.   The operator and staff must have sufficient experience in the operation of such facilities to ensure competent operation.

         c.   The design, construction and operation of the facility must minimize negative environmental impacts and must mitigate such impacts to the fullest extent possible.

         d.   Public health, safety and welfare must be ensured.

         e.   Adequate closure, postclosure and contingency plans must be established.

         f.   An emergency response plan must be established and accepted by the city.

         g.   An environmental impact statement must be completed and declared adequate by the responsible governmental unit.

         h.   There must be adequate access to the site.

         i.   The proposed project must be compatible with surrounding land use.

         j.   The applicant provides financial security sufficient to guarantee compliance with the terms of the permit.

         k.   The economic benefits, incentives and other advantages to the city and community must outweigh any known or potential negative aspects of the facility.

         l.   The applicant must have a plan for working with industry to develop techniques and markets for recycling industrial waste streams.

         m.   An interim permit shall not be issued until all required local, state and/or federal permits have been obtained by the applicant. The city may allow interim permits that were previously approved and are in the process of being amended or reissued to continue to operate under the existing permit conditions during the review process by the city or other governmental agencies.

         n.   The applicant must notify each user of the site that free liquids cannot be placed in the containment cell; inspect each container of waste for the presence of free liquids; and have procedures to prevent any free liquid from being placed in the cell.

   K.   Recycling Operation:

      1.   Permit Required: It shall be unlawful for any person, firm or corporation to establish or expand, in any way, a recycling operation without first receiving a permit from the city. Such permit may only be issued in a zoning district where such use is listed as a permitted use.

      2.   Permit Application Requirements: Application for a permit shall be made in writing in the form specified by the city and shall contain the following information:

         a.   The correct legal description of the land.

         b.   The name and address of the applicant and the owner of the land if different from the applicant.

         c.   Maps, photographs and surveys illustrating the relationship of the site to the community and surrounding properties and existing site conditions including vegetation, surface waters and topography.

         d.   A description of the operation as regards the sales of parts and the use of cutting, compressing and packaging equipment.

         e.   A site plan, to scale, showing the location and intended use of all structures, storage areas, driveways, parking and equipment.

      3.   Development And Operating Standards:

         a.   The site shall be a minimum of five (5) acres in size.

         b.   A solid wall or opaque fence at least eight (8) feet in height shall be provided around the entire perimeter of the site to screen said site from public streets and surrounding property. Such fence shall be of sound construction and shall be properly maintained.

         c.   All activities shall be confined within the fenced in area. There shall be no stacking of material above the height of the fence or wall except that equipment used on the site may exceed the wall or fence height. No equipment, material, signs or lighting shall be used or stored outside the fenced area. There shall be no storage of materials within semitrailer units or other vehicles which would extend above the height of the fence.

         d.   All equipment used in industrial processes, including that used for cutting, compressing or packaging, shall be within a completely enclosed building.

         e.   The fenced area shall be set back at least two hundred (200) feet from any street and the area within front or street side yards shall be planted with trees, grass, and shrubs in accordance with section 11-7-6 "Landscaping, Screening, and Buffering Standards" of this title.

         f.   Whenever the operation abuts an R district, a transition strip of at least two hundred (200) feet in width shall be provided between the fenced area and the R district boundary. Said transition strip shall be landscaped as prescribed in provision 3.e above.

         g.   The fenced area shall be set back at least thirty (30) feet from any nonresidential district.

      4.   Additional Requirements: The city may attach such additional conditions as may be required to ensure compliance with this title.

   L.   Self-Service Storage Facility:

      1.   All storage shall be maintained in the storage space and there shall be no outdoor storage of any products, equipment or other material within the storage facility; provided, however, open storage for licensed, operable recreation vehicles shall be permitted, provided the amount is not more than twenty-five percent (25%) of the area occupied by buildings.

         a.   Within the I-1 District, all storage shall be maintained in the storage space and there shall be no outdoor storage of any products, equipment or other material within the storage facility site; except that outdoor storage for licensed, operable recreation vehicles shall be permitted provided the amount is not more than ninety percent (90%) of the area occupied by buildings.

      2.   The perimeter of the storage facility shall be entirely enclosed by a combination of buildings and decorative fencing. Chain link, barbed wire, or wood privacy fencing shall not be permitted as decorative material, except as may otherwise be approved by the city council. For the purposes of calculating foundation planting requirements, the decorative fencing of the perimeter shall be used in lieu of the building perimeter calculation.

      3.   All storage space openings shall be oriented internally to the facility and shall not directly face a public street or adjoining property.

      4.   Green space, planting clusters and berming shall be strategically designed and located around openings between storage facility structures.

      5.   The self-service storage facility shall be required to provide 1.25 times the required minimum for over story tree plantings so as to satisfy the requirements of provision K.4 above, and provided the minimum interval spacing requirement at the boulevard is satisfied and met. All landscaped areas shall be required to include the proper installation of an underground irrigation system.

      6.   An accessory caretaker residence may be permitted with a storage facility, provided it is only used for resident security and management purposes and the exterior building materials shall match those of the principal and accessory storage facility structures.

      7.   The exterior wall surfaces of all building structures that comprise the development project shall consist of brick, decorative block, stone, architectural concrete cast in place or precast concrete panels. The "interior" wall surfaces where storage spaces are located at or below the top of the overhead door, and including the storage space doors and columns between such spaces, may be of metal, which shall consist of a decorative factory applied finish.

      8.   The hours of operation for the self-service storage facility shall be restricted to between the hours of 6:00 A.M. and 11:00 P.M.

      9.   Access to the interior of the fenced area shall be available to emergency responders in a manner to be acceptable to the fire marshal.

      10.   All internal driveways intended for access to individual storage spaces shall have minimum widths of twenty (20) feet.

      11.   No internal driveway may exceed one hundred fifty (150) feet without providing sufficient space to turn vehicles around allowing for a minimum turning radius of forty-five (45) feet, or as approved by the fire marshal.

      12.   Common parking space available to all storage units shall be provided at a rate no less than one (1) space per six thousand (6,000) square feet of storage area.

      13.   The exterior buildings, driveways, open space and landscaping, front, side and rear yards shall be maintained and repaired or replaced in conformance with the approved plans by the property owner or landlord. This condition shall be kept that it will not cause a blighting of the area or a general deterioration of the self-storage facility.

      14.   If storage units are to be sold individually, and no landlord or property owner is available to assume site management responsibilities, an owners' association shall be required to assume the responsibilities of overall site management. The owners' association shall be governed by a declaration of covenants that shall be approved by the city and recorded at Dakota County. The open space and common areas shall be maintained and cared for by the developer of the self-storage facility until an owners' association is formed to maintain open space and common areas. This owners' association shall be responsible for the care and maintenance of all open space and common areas of the self-storage facility and also for the maintenance and appearance of the exterior of each unit. The owners' association shall levy charges to each owner for the maintenance cost, operating costs and improvement costs for the open or green space, and for the common and privately owned parking and paved areas beyond each storage unit. In addition, the owners' association will assume the responsibility to maintain the exterior of the building(s) and also in an acceptable condition which is compatible with adjoining properties. The owners' association will cause blighted individually owned units or areas within the facility to be repaired, restored and maintained as necessary to an acceptable standard for the area.

      15.   In the event that the developer or owner of the self-storage facility is unable to organize the property owners into an association for the maintenance of the open space and individually owned storage units after twelve (12) months from the completion of the construction, the council will call for a public hearing of all persons so concerned and ask for the creation of such an association. If no association is formed or if the association ceases to function any time after it is formed, the council will order such maintenance work and restoration of the area and then will assess such costs, together with a reasonable supervision charge, to the owners in the self-storage facility or the individual owner receiving the individual benefit.

      16.   The council may require that the declaration of covenants include provisions to meet the minimum requirements of this section or to satisfy conditions of city approval, may be enforced by the city, and may not be amended or released without city council approval.

   M.   Small-Scale Mineral Extraction:

      1.   Small-scale mineral extraction uses shall be allowed within the following boundary: a line one-half (0.5) mile north of County State Aid Highway 42, the municipal boundary to the east, a line one-half (0.5) mile south of County State Aid Highway 42, and US Highway 52 to the west.

      2.   Permit Required: It shall be unlawful for any person, firm or corporation to remove, store or excavate rock, sand, gravel, clay, silt or other like material in the city, or to fill or raise the existing surface grades, without receiving a permit for mineral extraction. Permits for small scale mineral extraction under this section may only be issued in a zoning district where mineral extraction is listed as an interim use and within the boundary identified above.

         a.   Exceptions: An extraction permit shall not be required for any of the following:

         (1)   Excavation for a foundation, cellar or basement of a building if a building permit has been issued.

         (2)   Excavation by state, county or city authorities in connection with construction or maintenance of roads, highways or utilities.

         (3)   Curb cuts, utility hookups or street openings for which another permit has been issued by the city.

         (4)   Excavation less than one hundred (100) square feet in area or one (1) foot in depth.

         (5)   Excavation or grading for agricultural purposes.

      3.   Application, Public Hearing, Notice, And Procedure: The application, public hearing, public notice and procedure requirements for mineral extraction permits shall be the same as those for amendments as provided in section 11-9-2 "Zoning Code Amendment of this title, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Application for the extraction permit shall be made in writing in the form specified by the city. The application shall contain the following information:

         a.   The correct legal description of the land upon which excavation is proposed.

         b.   The name and address of the applicant, the owner of the land and the person or corporation conducting the actual removal operation.

         c.   The names and addresses of all adjacent landowners within three hundred fifty (350) feet or, if the subject property is located in A-1, A-2, or RR districts, within one-fourth (0.25) mile.

         d.   The purpose of the proposed excavation.

         e.   The estimated time required to complete the proposed excavation and rehabilitation.

         f.   The names of the highways, streets or other public roadways within the city upon which the material shall be transported.

      4.   Standards: The following standards shall apply to all extraction operations:

         a.   Boundary: Extraction operations shall be conducted within the confines of the excavation site described in the application.

         b.   Access: Extraction operations shall only be allowed on sites which have direct access to either a principal arterial, minor arterial, a collector street, or to a local street if approved by the public works department, as designated in the city of Rosemount comprehensive guide plan.

         c.   Prohibited Areas: Extraction operations shall not be conducted within the following:

         (1)   Five (5) feet of the right-of-way or easement of an existing public utility.

         (2)   Thirty (30) feet of the boundary of an adjoining property which is not being used for extraction operations.

         (3)   Fifty (50) feet of the right-of-way of a public street or highway.

         d.   Phasing Of Operations: Extraction operations to be conducted on a site larger than fifteen (15) acres shall be subject to the following requirements:

         (1)   A phasing plan must be prepared which limits operations to a maximum area of fifteen (15) acres per phase of operations.

         (2)   A mineral extraction permit for the first phase of an extraction operation shall be limited to a maximum area of fifteen (15) acres. An extraction permit for phase two or subsequent phases of a mineral extraction operation shall not be issued until at least seventy percent (70%) of the previous phase of operations has been rehabilitated according to an approved comprehensive rehabilitation plan.

         (3)   No mineral extraction permit shall authorize extraction operations to be conducted in more than two (2) phases of an extraction operation concurrently.

         (4)   No mineral extraction permit shall authorize extraction to be conducted on more than 19.5 acres at one time.

         e.   Fencing: During excavation operations, access to any area where collections of water are one and one-half (1½) feet in depth or more or where excavation slopes are steeper than one (1) foot vertical to one and one-half (1½) feet horizontal and any other areas where obvious danger to the public exists shall be controlled by a fence erected and maintained around the entire site or portions thereof and shall be a type specified by the council.

         f.   Appearance And Screening:

         (1)   All machinery shall be kept operational.

         (2)   Abandoned machinery and rubbish shall be promptly removed from the excavation site.

         (3)   Within three (3) months after the termination of excavation operations or within three (3) months after the expiration of the extraction permit provided by this section, the applicant or owner shall dismantle buildings and structures incident to excavation operations and shall grade the excavation site as well as complete all rehabilitation on the site as provided by the rehabilitation plan.

         (4)   When required, the perimeter of the excavation site shall be planted or otherwise screened.

         (5)   Existing tree and ground cover shall be preserved to the maximum extent feasible, maintained or supplemented by selective cutting, transplanting and replanting of trees, shrubs and other ground cover along all setback areas.

         g.   Excavation Operating Standards:

         (1)   Noise: Maximum noise level at the perimeter of the excavation site shall comply with the limits or standards established by the Minnesota pollution control agency and the United States environmental protection agency.

         (2)   Hours: All excavation operations shall be conducted between 7:00 A.M. and 7:00 P.M., Monday through Saturday only. The council may restrict excavation, processing or related operations on legal holidays if such activities cause noise or other disturbances offensive to adjacent property owners.

         (3)   Explosives: The use and handling of explosives at the excavation site shall be coordinated with the police department. Blasting shall occur only at hours specified in the extraction permit.

         (4)   Fugitive Dust: Excavation operators shall use all practical means to reduce the amount of fugitive dust generated by excavation operations. In any event, the amount of dust or other particulate matter generated by the excavation shall not exceed air pollution standards established by the Minnesota pollution control agency.

         (5)   Water Pollution: Excavation operators shall comply with all applicable Minnesota pollution control agency and department of natural resources regulations and all applicable United States environmental protection agency regulations for the protection of water quality. No waste products or processed residue, including untreated wash water, shall be deposited in any public waters of the state of Minnesota.

         (6)   Topsoil Preservation: All topsoil shall be retained at the excavation site until the completion of rehabilitation work in accordance with the rehabilitation plan.

         (7)   Slopes During Excavation Operations: During the entire period of operations, all excavations other than the working face, shall be sloped on all sides to a maximum ratio of one (1) foot horizontal to one (1) foot vertical, unless a steeper slope is approved by the city. Where excavations are adjacent to a public roadway or other right-of-way, the excavation shall have a maximum slope of four (4) feet horizontal to one (1) foot vertical. Slopes adjacent to waterways shall not exceed six (6) feet horizontal to one (1) foot vertical.

         (8)   Equipment: All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise and vibration. Power drives or power producing machines shall not be housed or operated less than one thousand (1,000) feet from a residential use. Access roads shall be maintained in dust free condition by surfacing or other treatment as may be specified by the city engineer.

         (9)   Processing: Crushing, washing and refining, or other similar processing may be authorized by the council as an accessory use, provided, however, that such accessory processing shall not be in conflict with the use regulations of the district in which the operation is located.

         (10)   Council Waiver: The council, at the time of issuance of the extraction permit, may waive or modify any of the provisions in this section or impose additional requirements if it finds that the plan of operation or other materials submitted with the application or other factors make appropriate more suitable measures for standards consistent with the public health, safety and welfare.

      5.   Special Requirements: The council, as a prerequisite to the issuance of an extraction permit, or after an extraction permit has been granted, may require the applicant or owner of the premises to:

         a.   Reimburse the city for the cost of periodic inspections for the purpose of determining that the provisions of the extraction permit and this title are being followed.

         b.   Submit to council a detailed map of the streets on which the material removed shall be transported (haul roads). The city shall inspect the haul roads proposed to be used by the applicant or owner and shall recommend to the council necessary upgrading or repairing of the haul roads prior to their use by the applicant or owner. The council shall designate the haul roads and shall incorporate the recommendations of the responsible city officials in the extraction permit issued to the applicant. It shall be the responsibility of the applicant or owner to maintain the haul roads in accordance with the provisions set forth in the permit. The city shall periodically inspect haul roads to ensure compliance with the permit. During the period of or upon completion of the excavation operations, the applicant or owner shall make any necessary repairs to the haul roads as recommended by the city. All costs of inspection provided for in this subsection shall be borne by the applicant or owner. The use of the haul roads shall be further subject to any road and weight restrictions imposed by the city.

         c.   Submit annually in writing to the council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate herein required, the applicant or owner shall notify the council of the change in estimated quantity.

         d.   Comply with such other requirements as the council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare.

      6.   Inspections: The city may inspect all excavation sites where an extraction permit has been issued. The operator or owner of any excavation operation found in violation of the requirements of this title or its extraction permit shall remedy such violations within the time specified by written notice from the city.

      7.   Duration Of Extraction Permit: The excavation license shall run from January 1 through December 31 of the next year or for a lesser period of time as the council may specify at the time of issuance of the extraction permit. If the extraction permit is to run for less than a full year, the fee shall be prorated as determined by the council.

      8.   Extraction Permit Fee: The applicant or owner of the premises on which the excavation operation is located shall annually submit to the council written estimates of:

         a.   The total area of the mineral extraction operation (expressed in acres) to be actively mined during the forthcoming year; and

         b.   The total area for which an extraction permit permitting mineral extraction operations has been granted (expressed in acres) which will not be actively mined in the forthcoming year.

         c.   The council shall, by resolution, establish an annual per acre permit fee.

      9.   Surety Bond: The council shall require the applicant or owner of the premises on which the excavation operation is located to post a surety bond with a surety acceptable to the city, cash escrow or letter of credit ("security") in an amount determined by the council, running to the city, conditioned to pay the city the extraordinary costs and expense of repairing any streets where such repair work is made necessary by the special burden resulting from hauling and travel, and removing material from any pit or excavation, and conducting required rehabilitation and conditioned further to comply with all the requirements of this title and the particular extraction permit, and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom a permit is issued. The security shall remain in full force and effect for a minimum period of one year after expiration of the extraction permit to guarantee the required rehabilitation as well as the other requirements herein provided.

      10.   Cement Or Concrete Production: Cement or concrete production may be allowed in the A-2 District as a conditional use provided the site has an approved mineral extraction permit in compliance with this section and section 11-9-3 "Conditional Use Permit" of this title. In addition to these sections, the following performance standards shall apply:

         a.   Council Review: The council, at the time of issuance of a CUP for cement or concrete production, may waive or modify any of the provisions of this section or section 11-9-3 "Conditional Use Permit" of this title or impose additional requirements if it finds that the plans or other factors make appropriate more suitable measures for standards consistent with the public health, safety, and welfare.

         b.   Inspection: The city may inspect all sites with or requesting a CUP for cement or concrete production. The operator or owner of any cement or concrete production site found in violation of the requirements of this section or its CUP shall remedy such violations within the time specified by written notice from the city. Failure to remedy any violations within the specified time frame may result in revocation of the CUP.

         c.   Location: The plant shall be located in such a way that it is not visible from an adjacent residential use or a public right-of-way. This may be accomplished through topography, berming or setback. The minimum setback from any property line shall be twice the height of the plant or applicable setback under this code, whichever is greater.

         d.   Height: The maximum height of any concrete plant shall be seventy-five (75) feet.

         e.   Outdoor Storage: There shall be no outdoor storage of vehicles. All equipment and material associated with the cement or concrete plant must be screened from view from an adjacent residential use or public right-of- way in conformance with the provisions for outdoor storage in Section 11-6-8 of this chapter. (Ord. 2024-04, 6-4-2024)

   A.   Commercial Horse Stable:

      1.   The site shall not be less than twenty (20) acres in size;

      2.   All structures shall be located a minimum of seventy-five (75) feet from all residential property lines.

      3.   Subject to the regulations regarding the care and keeping of horses within the city in title 7, chapter 4 of this Code.

   B.   Community Solar Garden Or Solar Farm:

      1.   Purpose And Intent: It is the goal of the city council, as expressed in the comprehensive plan, for Rosemount to become a more sustainable community by encouraging activities that conserve energy and result in less/no pollution output such as alternative energy sources. In accordance with that goal, the city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this section include:

         a.   To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems.

         b.   To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy.

         c.   To protect and enhance air quality, limit the effects of climate change and decrease use of fossil fuels.

         d.   To encourage alternative energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated.

      2.   Exemptions: Passive or building integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element.

      3.   Setbacks: Community solar gardens or solar farms shall comply with the principal structure setback standards for the applicable zoning district in which they are located.

      4.   Screening: Community solar gardens or solar farms shall be screened from view of the public right-of-way to the extent possible without reducing their efficiency by setback, berming, landscaping, walls or a combination thereof.

      5.   General Requirements For All Solar:

         a.   Feeder Lines: All power lines shall be placed underground within the interior of each parcel.

         b.   Compliance With Building Code: All active solar energy systems shall meet approval of local building code officials, consistent with the state of Minnesota building code, and solar thermal systems shall comply with HVAC related requirements of the energy code.

         c.   Compliance With State Electric Code: All photovoltaic systems shall comply with the Minnesota state electric code.

         d.   Compliance With State Plumbing Code: Solar thermal systems shall comply with applicable Minnesota state plumbing code.

         e.   Certifications: Solar electric system components shall be certified by Underwriters Laboratories, Inc., and solar thermal systems shall be certified by the Solar Rating and Certification Corporation, or other appropriate certification(s) as determined by the city. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

         f.   Utility Connection: All grid intertie systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. Off grid systems are exempt from this requirement.

         g.   Abandonment: If the solar energy system remains nonfunctional or inoperative for a continuous period of one (1) year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment.

         h.   Permits: No solar energy system shall be erected, altered, improved, reconstructed, maintained or moved in the city without first securing a permit from the city. Community solar gardens or solar farms as defined in section 11-10-3 "Alternative Energy System Definitions" shall also require an interim use permit. (Ord. 2024-04, 6-4-2024)

   A.   Commercial Use Antenna And/Or Tower:

      1.   Permit Required: No commercial use antenna and/or tower may be constructed in the city without first applying for a permit. The permit application must be accompanied by a nonrefundable application fee. The application fee shall be established by the city council. The permit fee shall be calculated according to the city's schedule of rates and fees. All technical data and all relevant information shall be submitted to the planning commission for its review.

         a.   Upon receiving approval by the planning commission and obtaining the appropriate permits, the following standards for commercial use antennas and/or towers shall be met:

         (1)   Commercial use antenna and/or towers shall not be multicolored, and shall contain no signage, including logos, except as may be required by any state and federal regulations.

         (2)   Commercial use antenna towers shall not be located within one-half (0.5) mile of another commercial use antenna tower.

         (3)   No guywires shall be used.

         (4)   The setbacks of commercial use antenna towers shall be no less than the height of the tower. The height of the tower shall not exceed two hundred fifty (250) feet. A commercial use antenna tower cannot locate any closer than five hundred (500) feet from a residential structure.

         (5)   The structural integrity of a commercial use antenna tower shall be approved by a certified engineer.

         (6)   A commercial use antenna tower shall not be artificially illuminated unless required by the FAA, FCC or other federal or state authority. Any illumination shall be oriented inward whenever possible while complying with federal or state requirements. If lighting is required, it shall be oriented inward, if possible, so as not to project onto surrounding residential property.

         (7)   Non-climbable fencing shall enclose the area on which the commercial use antenna tower is located.

         (8)   Accessory structures in accordance with applicable I-1 and I-2 standards shall enclose transmission equipment, power equipment, or any equipment located on the ground near the tower that is used in conjunction with the commercial use antenna tower.

         (9)   Commercial use antenna towers located within six hundred sixty (660) feet (1/8 mile) of a public right-of-way (ROW) or a residential (R) or public (P) district shall be landscaped along the side adjacent to the ROW, R or P district with boulevard trees planted on fifty (50)-foot spacing in accordance with section 11-7-6 "Landscaping, Screening, and Buffering Standards" of this title.

         (10)   Applicant must provide data indicating location of proposed antenna in relationship with nearest existing or anticipated antenna locations that would provide optimum service involving the city of Rosemount.

      2.   Violation Of Standards: Should the commercial use antenna and/or tower owner engage in any activity that violates these standards or endangers the public health, safety, and welfare, the city may require the abatement of said antenna and/or tower from its current site. The city will provide notice to the commercial use antenna and/or tower owner of the violations, and provide an opportunity for the owner to address the city council regarding the proposed action. The city may require immediate abatement in the case that there is an immediate public health threat.

      3.   Obsolete Or Unused Tower: An obsolete or unused commercial use antenna and/or tower and accompanying accessory facilities shall be removed within six (6) months of the cessation of operations unless a time extension is approved by the city council. If a time extension is not approved, the commercial use antenna and/or tower may be deemed a nuisance pursuant to Minn. Sta. § 429. In the event an antenna or tower is determined to be a nuisance, the city of Rosemount may act to abate such nuisance and require the removal of the commercial use antenna and/or tower at the property owner's expense. The owner shall provide the city with a copy of the notice of the federal communications commission's (FCC) intent to cease operations and shall be given six (6) months from the date of ceasing operations to remove the obsolete commercial use antenna and/or tower, and all accessory structures including anything that may have been placed belowground. In the case of multiple operators sharing the use of a single commercial use antenna tower, this provision shall not become effective until all users cease operations for a period of six (6) months. The equipment on the ground shall not be removed until the tower structure has first been dismantled. After the facilities are removed, the site shall be restored to its original, or to an improved state.

      4.   Potential For Collocation Requirements: All commercial use antenna towers erected, constructed, or located within the city shall comply with the following requirements related to assessing the potential for collocation on an existing tower:

         a.   A proposal for a commercial use antenna tower shall not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-half (0.5) mile 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 or modified to accommodate planned equipment at a reasonable cost;

         (2)   The planned equipment would cause interference with 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)   No existing or approved towers or commercial/industrial buildings within a half mile radius meet the radio frequency (RF) design criteria;

         (4)   Existing or approved towers and commercial/industrial buildings within a one-half (0.5) mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional radio frequency (RF) engineer; and/or

         (5)   The applicant must demonstrate that a good faith effort to collocate on existing towers and structures within a one-half (0.5) mile radius was made, but an agreement could not be reached.

      5.   Tower Construction Requirements: All towers erected, constructed, or located within the city, and all wiring therefor, shall comply with the following requirements:

         a.   Monopoles using stealth technology are the preferred tower design. However, the city will consider alternative tower types in cases where structure RF design considerations, and/or the number of tenants required by the city preclude the use of a monopole.

         b.   Towers and their antennas shall comply with all applicable provisions of this code.

         c.   Any proposed commercial use antenna tower shall be designed, structurally, electrically, and all other respects to accommodate both the applicant's antennas and comparable antennas for at least one additional user. To allow for future rearrangement of antennas upon the tower, the tower shall be designed to accept antennas mounted at no less than ten (10)-foot intervals.

         d.   All towers and their antennas shall utilize building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible as determined by the city.

         e.   In addition to the submittal requirements required elsewhere in this code, applications for building permits for towers and their antennas shall be accompanied by the following information:

         (1)   Written statements from the federal aviation administration, federal communications commission, and any appropriate state review authority stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations;

         (2)   A report from a qualified and licensed professional engineer that does the following: describes the tower height and design including a cross section and elevation; demonstrates the tower's compliance with the aforementioned structural and electrical standards; documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas; describes the tower's capacity, including the number and type of antennas that it can accommodate; and documents what steps the applicant will take to avoid interference with established public safety communications; and

         (3)   A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower, as long as there is no negative structural impact upon the tower, and there is no disruption to the service provided.

      6.   Antennas Mounted On Roofs, Walls And Existing Towers: The placement of wireless communication antennas on roofs, walls, and existing towers may be permitted on public, institutional, commercial or industrial buildings or facilities, with a building permit approved by the appropriate city staff. In addition to the submittal requirements required elsewhere in this code, an application for a building permit for antennas to be mounted on an existing structure shall be accompanied by the following information:

         a.   A site plan showing the location of the proposed antennas on the structure and documenting that the request meets the requirements of this code.

         b.   A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this code.

         c.   A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas.

         d.   An intermodulation study to ensure there will be no interference with existing tenants or public safety telecommunication providers.

   B.   Essential Service Facilities:

      1.   Electrical substations and switching stations are prohibited in all residential and public/institutional districts.

      2.   Essential service facilities shall be subject to all of the applicable district development standards as well as any overlay district standards with the following additional standards:

         a.   Fenced Enclosure:

         (1)   Every fenced enclosure is subject to the principal building setback or yard criteria of the district in which it is located.

         b.   Electrical Substation:

         (1)   Electrical substations and switching stations located on any lot or parcel which is adjacent to a lot or parcel in a residential (R), commercial (C), and/or public institutional (P) district or use must provide mechanical or vegetative screening in the yard adjacent to a public right of way or such lot or parcel in the R, C, or P district. Screening consisting of earthen berm, landscaping, and/or wall having ninety percent (90%) opacity to a height not less than six (6) feet in height shall be provided within the yard adjacent to a public right-of-way or such lot or parcel in the R, C, or P district. Screening shall not be required in yards that are adjacent to wastewater treatment facilities.

         c.   Transmission Facilities:

         (1)   An application for transmission facilities shall be required to be submitted to the city, including information related to the proposed design, proposed siting, and alternative sites together with such application fee as may be approved from time to time by the city council. All transmission facilities shall be required to receive a permit from the city, except for those that are less than or equal to one-fourth (0.25) mile in length. No application shall be considered until a public hearing has been held by the planning commission. A notice of such hearing shall be published at least ten (10) days prior to the hearing, and notices shall be mailed to each property owner within three hundred fifty (350) feet of the affected property, except when located in the A-1, A-2, and RR districts which shall require mailed notice to each property owner within one-fourth (0.25) mile. The city council shall consider the recommendation of the planning commission and either approve or deny the application.

         d.   The application for transmission facilities must be approved based upon the following findings:

         (1)   The proposed siting complies with the city's comprehensive plan.

         (2)   To the extent possible, the proposed siting is within or adjacent to existing public rights-of-way, private utility easements or other designated corridors for transportation or transmission facilities.

         (3)   The proposed siting is necessary based upon a need and locational analysis.

         (4)   Impacts, including, but not limited to, noise and views, are identified and mitigated.

         (5)   The proposed siting will not create hazards to the health, safety and general welfare of surrounding property owners or natural environment.

   C.   Small Wireless Facility Within ROW:

      1.   Subject to the regulations contained in title 4, chapter 2 "Right-of-Way Management" of this code.

   D.   Truck Stop:

      1.   Location: Truck stops shall be located east of Blaine Avenue (County Road 71) and within one-fourth (0.25) mile or one thousand three hundred twenty (1,320) feet of a principal arterial roadway.

      2.   Installation Standards: Truck stops shall be installed in accordance with state and city standards. Additionally, adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

      3.   Sanitary Dump: A sanitary dump shall be required at all truck stops. The sanitary dump must comply with all requirements of the Minnesota Pollution Control Agency (MPCA).

      4.   Canopy: A protective canopy structure may be located over the pump island(s) as a permitted accessory structure. The canopy shall meet the following performance standards:

         a.   The edge of the canopy shall be seventy (70) feet or more from the front and/or side lot line, provided that adequate visibility both on site and off site is maintained.

         b.   The canopy shall not exceed eighteen (18) feet in height and must provide fourteen (14) feet of clearance to accommodate a semitrailer truck from passing underneath.

         c.   The canopy fascia shall not exceed three (3) feet in vertical height.

         d.   Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot-candles below the canopy at ground level. The fascia of the canopy shall not be illuminated.

         e.   The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site.

         f.   Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that:

         (1)   The individual canopy sign does not exceed more than twenty percent (20%) of the canopy façade facing a public right-of-way.

         (2)   The canopy fascia shall not be illuminated, except for permitted canopy signage.

         g.   Canopy posts/signposts shall not obstruct traffic or the safe operation of the gas pumps.

      5.   Pump Islands: Pump islands must be elevated six (6) inches above the traveled surface of the site. Pump islands must be set at least seventy (70) feet back from any property line. Setback between pump island curb face shall be sufficient for the servicing and maneuvering of semitrucks with trailers.

      6.   Dust Control And Drainage: The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone or paving brick. Plans for surfacing and drainage shall be subject to approval of the city engineer. Drainage from all fueling areas shall be directed to an oil/grit separator. Minimum design standards for the oil/grit separator shall include the following:

         a.   A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area.

         b.   A minimum pool depth of four (4) feet.

         c.   A minimum oil containment capacity of eight hundred (800) gallons.

         d.   Minimum maintenance/inspection of two (2) times per year and/or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). A measurable spill must be reported to the MPCA.

      7.   Access And Circulation: Vehicular access points shall create a minimum of conflict with through traffic movement. The site design must accommodate adequate turning radius and vertical clearance for a semitrailer truck. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates.

      8.   Parking:

         a.   Parking for motor fuel service shall be in addition to that required for other uses on the site.

         b.   Parking spaces shall be determined on an individual basis by the city council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles.

         c.   Parking stalls for trucks and trailers shall be a minimum of twelve (12) feet wide and seventy (70) feet long, exclusive of drive aisles.

      9.   Pedestrian Traffic:

         a.   An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles.

      10.   Noise: Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited.

      11.   Outside Storage, Sales, And Service: No outside storage or sales shall be allowed, except as follows:

      12.   Public phones may be located on site as long as they do not interrupt on site traffic circulation, and may not be located in a yard abutting residentially zoned property.

      13.   Propane sales limited to twenty (20)-pound capacity tanks may be located outside as long as the propane tanks are secured in a locker and meet all state uniform building and fire codes.

      14.   A compressed air service area may be located on site as long as it does not interrupt on site traffic circulation.

      15.   Signs: A comprehensive sign plan must be submitted as part of a conditional use permit application. All signing and informational or visual communication devices shall be minimized and shall be in compliance with chapter 8, "Signage" of this title.

   E.   Truck Terminal:

      1.   The minimum building size of the principal building associated with a truck terminal shall be at least ten percent (10%) of the subject site. (Ord. 2024-04, 6-4-2024)

   A.   Accessory Dwelling Unit, Internal Or Attached:

      1.   The maximum size of an ADU may be no more than seventy-five percent (75%) of the living area of the principal dwelling or eight hundred (800) square feet, whichever is less.

      2.   The primary exterior materials of an attached accessory dwelling unit shall match the primary exterior materials of the principal structure.

      3.   Balconies and decks shall not face an interior side yard.

      4.   In addition to the parking requirements for the principal use, one (1) additional parking space shall be required per accessory dwelling unit.

   B.   Accessory Retail:

      1.   Retail sale floor area of products manufactured, fabricated, or assembled on site shall be limited to fifteen percent (15%) of the gross floor area of the principal building.

   C.   Accessory Structure:

      1.   Accessory structures shall not be located within a drainage or utility easement.

      2.   Detached accessory structures shall not:

         a.   Be located in the front yard, except for riparian lots; nor

         b.   Be constructed prior to the principal structure.

      3.   Accessory structures shall have increased setbacks adjacent to arterial roadways as specified in the comprehensive plan as follows:

         a.   Ten (10) feet from a minor arterial

         b.   Twenty (20) feet from a principal arterial

      4.   Temporary inflatable structures in the PI District which are incompatible with residential districts shall be located a minimum of five hundred (500) feet from any residential district or use.

      5.   The following provisions of this subsection shall not apply to properties within the A-2 district which are located west of County Road 73 and which are greater than twenty (20) acres in size and/or used for agricultural use:

         a.   The maximum aggregate detached accessory structure area allowed per lot is specified in Table 6.1.

      Table 6.1. Maximum Aggregate Detached Accessory Structure Area

 

 

         b.   Prefabricated metal storage buildings are limited to a maximum area of one hundred twenty (120) square feet.

      c.   Any accessory structure exceeding two hundred (200) square feet in area shall be constructed of materials and styles comparable with and complementary to the principal structure. Comparable treatment includes the following requirements:

         (1)   Minimum three to twelve (3:12) roof pitch.

         (2)   Roofs shingled with asphalt, wood, or tile to match the principal structure.

         (3)   Adequate number of windows shall be provided to break up the solid plane or exterior walls to simulate the character of the principal structure.

         (4)   Siding which is identical or closely matches the principal structure shall be incorporated into the design of the accessory structure.

         d.   In the A-2 and RR districts, existing accessory structures may be exempted from the aforementioned area and building material standards. This exemption applies only in the case of structures originally constructed for agricultural use, being in existence at the time of adoption hereof, and qualifying as a barn under this title.

         (1)   This exemption does not apply to prefabricated structures and does not permit the expansion of the structure's footprint.

         (2)   Properties with structures (barns) qualifying for this exemption are located at the following addresses:

            (a)   13345 Bonaire Path.

            (b)   12101 Dodd Boulevard.

            (c)   12391 Dodd Boulevard.

            (d)   3270 McAndrews Road.

            (e)   13429 South Robert Trail.

         (3)   Any exterior improvements to these barns shall replicate the original appearance or agricultural character of the existing structure and shall be approved by the Planning Commission.

         (4)   Exterior materials shall be limited to wood, metal, vinyl, brick, or better materials and be comparable with the existing conditions of the barn in the areas of:

            (a)   Color;

            (b)   Texture or grain;

            (c)   Orientation of siding (vertical or horizontal); and

            (d)   Lap width.

         (5)   Metal siding shall be noncorrugated and have a thickness of at least nineteen (19) millimeters while vinyl siding shall have a gauge of at least 0.044 inches. In addition, metal or vinyl siding shall have a manufacturer's guarantee of at least twenty-five (25) years.

         (6)   Roof materials shall be noncorrugated standing seam metal, asphalt shingles, or better and shall be comparable to the original roof. Substitution of new materials will only be allowed in the case of replacing obsolete roofing materials.

   D.   AM Radio Antenna, Supporting Tower, And Related Accessory Structures:

      1.   In the A-2 District, this use may be permitted only on properties situated in that part of the city north and east of State Trunk Highway 55.

      2.   Submittal Of Information: Permit applicants shall submit the following information together with any other information requested by the city:

         a.   In submitting an application for a conditional use permit for the construction and maintenance of radio antennas, 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, animal population or natural environment.

         b.   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 antennas 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.

         c.   A site plan as specified in section 11-9-1 "Site Plan and Building Design Review" of this title.

         d.   A written analysis of the impacts of the proposed project shall be required. The applicant must discuss issues related to the aesthetics of the project, any implications or nuisances in the operations of the project and property tax implications for long term use of the site.

      3.   Permit Requirements For Construction And Maintenance: Permits for AM radio communications antenna, towers and accessory structures erected, constructed or located on any property and all supporting devices thereof shall only be issued if the following standards are met or exceeded:

         a.   The tower shall not exceed four hundred (400) feet above grade or less as authorized by law.

         b.   Antenna and/or tower setbacks shall be such that the distance from the base to the nearest property line or non-owned structures is not less than the calculated structural collapse radius.

         c.   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.

         d.   Towers with antennas 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.

         e.   Antenna and metal towers shall be properly protected against direct strike by lightening, 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.

         f.   The city shall determine whether self-supporting towers or towers supported by cables or guy wires serve to protect the public health, safety and welfare.

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

         h.   The base of the tower and all anchors shall be surrounded with a minimum six (6) foot high security fence with the appropriate warning signs posted on all sides.

         i.   No accessory structure or appurtenances shall be temporarily or permanently affixed to AM radio antennas or supporting towers except as required to accomplish the license service for which the antenna or tower is authorized by the FCC, or as may be approved by city council.

         j.   The economic benefits, incentives and other advantages to the city and community must outweigh any known or potential negative aspects of the project.

         k.   The applicant shall furnish the city with copies of all correspondence with the FCC and FAA regarding permit performance of the AM radio antennas; or any matters affecting public health, safety and welfare.

         l.   If use of the tower is discontinued for a period of twelve (12) months, or upon expiration of the interim use permit the AM radio communications antennas, supporting towers and all above and below ground appurtenances shall be removed.

         m.   The applicant shall be required to adequately maintain the AM radio communications antennas, supporting towers and related accessory structures and property upon which those facilities do not represent a hazard or nuisance to the public, animal population or natural environment.

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

      5.   Advisory Commission: The city council may establish an advisory commission to hear disputes that cannot be resolved between the broadcast representatives and affected parties.

      6.   Tower Use Fee: The city council may require an annual use fee in lieu of taxes.

      7.   In all districts, setbacks for all freestanding tower antennas shall be equal to the height of the antenna and its supporting structure.

   E.   Car Wash, Full- Or Self-Service:

      1.   See standards for car washes listed in section 11-6-3 "Principal Uses, Commercial" of this chapter.

   F.   Cemetery:

      1.   See standards for cemeteries listed in section 11-6-2 "Principal Uses, Public and Institutional" of this chapter.

   G.   Construction-related temporary use

      1.   Temporary buildings incidental to construction work on the premises shall be permitted provided they receive a building permit and such buildings are removed upon completion or abandonment of said construction.

      2.   In the I-2 District, temporary buildings accessory to an approved construction project may be allowed with an interim use permit, subject to the following standards:

         a.   Execution of an interim use permit agreement specifying the expiration of the IUP and removal of the temporary building(s).

         b.   Temporary buildings are subject to the interim use permit standards, findings and conditions specified in this title.

         c.   Temporary buildings may be exempt from conformance with the following standards of the zoning ordinance at the discretion of the city council:

         (1)   Section 11-7-2 "Architectural Standards" of this title;

         (2)   Subsection 11-7-3 C.7 "Off Street Parking Design and Construction Standards" of this title;

         (3)   Section 11-7-6 "Landscaping, Screening, and Buffering Standards" of this title; and

         (4)   Subsection 11-4-5 E.2 requiring a minimum building size of ten percent (10%) of the subject property.

         d.   Temporary buildings shall conform to all other heavy industrial district standards specified within this title, and be set back five hundred (500) feet from adjoining public right-of-way or visually screened from public right-of-way, public/institutional or residential districts or uses. If the building is not appropriately screened, the city may require additional landscaping or enhanced treatment of the temporary structure.

         e.   Temporary buildings are subject to building code permits and requirements.

         f.   Temporary buildings are subject to fire code permits and requirements.

         g.   The site must accommodate adequate parking for the intended use.

         h.   Site grading and drainage must comply with city ordinances and engineering guidelines. The city may, at its discretion waive some of the requirements if alternative solutions are acceptable.

   H.   Day Care, Family And Group Family:

      1.   The use shall be licensed by the state as necessary and shall comply with all state and local standards.

      2.   The use of any accessory structure for day care is not allowed.

      3.   In addition to the parking required for the dwelling unit as specified in section 11-7-3 "Off-Street Parking and Loading Standards," one additional space shall be provided for pick-up/drop-off.

   I.   Drive-Through Facility:

      1.   Drive-through facilities in any district shall adhere to the following standards:

         a.   The site and structure(s) shall be designed to limit the effects of the drive-through, including noises, emissions, and headlight glare, on adjacent properties and public rights-of-way.

         b.   No use with a drive-through window shall be located abutting any residential use or district.

         c.   Stacking lanes shall not interfere with circulation through any required parking, loading, maneuvering or pedestrian area.

         d.   Stacking and exiting areas shall be screened from adjacent properties and/or rights-of-way. Stacking areas shall have a minimum ninety percent (90%) opacity screen to a height of six (6) feet while exiting areas shall have a minimum fifty percent (50%) opacity screen to a height of at least four (4) feet

         (1)   The principal structure shall be the primary source for screening the drive-through facility and stacking and exiting areas from adjacent properties and/or rights-of-way.

         (2)   Landscaping and berming shall be a secondary source for screening drive-through, stacking or exiting areas. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative.

         (3)   Screening walls shall be constructed of the same materials as the principal structure and shall not extend more than twenty-five (25) feet without a change in architecture to reduce their mass and appearance.

      2.   In addition to the standards in subsection 1, the following standards shall apply to drive-throughs in the MX-2 and B-1 districts:

         a.   Drive-through facilities shall have a minimum six (6) stacking spaces per drive-through window. Fast food uses operating more than one (1) window per individual drive aisle shall meet the stacking requirements for a single drive-through facility. Each space shall be a minimum of nine (9) feet wide by eighteen (18) feet long.

         b.   No public address system shall be audible from a noncommercial or nonindustrial use or district.

         c.   Fast food uses may display menu boards as follows:

         (1)   The menu board(s) not encroach into any parking setback and shall be located directly adjacent to the drive-through aisle and oriented in such a manner that the sign provides information to the drive-through patrons only and does not provide supplemental advertising to pass-by traffic and does not impair visibility or obstruct circulation.

         (2)   Individual menu board(s) shall be single sided with an area not to exceed thirty-two (32) square feet including both sign copy and sign cabinet.

         (3)   The height of the menu board(s) shall not exceed eight (8) feet including its base or pole measured from grade to the top of the structure.

      3.   In addition to the standards in subsection I.1 above, the following standards shall apply for drive-throughs accessory to financial institutions in the MX-1 District:

         a.   Drive-up teller structures shall be located behind the building.

         b.   Drive-through canopies shall not extend beyond the sides of the building.

   J.   Garage Sale:

      1.   The sale shall not be more than four (4) successive days in duration.

      2.   Not more than three (3) such sales are permitted on the premises in a calendar year.

      3.   There shall be at least one (1) month between sales on the same premises.

   K.   Home Occupation:

      1.   The conduct of a home occupation or the use of substances which may be hazardous to or may in any way jeopardize the health, safety, or welfare of neighbors and neighboring property shall not be permitted. The following activities shall be prohibited from being home occupations:

         a.   Body art establishments, as defined by Minn. Stat. 146B;

         b.   Business that rents vehicles or equipment;

         c.   Dispatch business where persons come to a site and are dispatched to other locations; and

         d.   Firearm training except for properties zoned A-2; and

         e.   Other similar uses which pose a risk to the health, safety, or welfare of neighbors and neighboring property as determined by the Zoning Administrator.

      2.   The following uses are not considered home occupations and therefore are not required to meet the standards of this section:

         a.   Family and group family day care uses.

         b.   Remote work.

      3.   Home occupations are permitted so long as the following standards are met:

         a.   Home occupations shall be conducted solely by persons residing in the residence.

         b.   All business activity and storage shall take place within structures.

         c.   There shall be no alteration to the exterior of the residential dwelling, accessory building(s), or yard that in any way alters the residential character of the premises.

         d.   No sign, display, or device identifying the occupation shall be used.

         e.   The occupation shall not be visible or audible from any property line.

         f.   Said occupation shall not involve the retail sale or rental of products on the premises.

         g.   Unless completely enclosed within an approved structure, no vehicle used in the conduct of the occupation shall be parked, stored, or otherwise present at the premises other than such as is customarily used for domestic or household purposes such as a van or three-quarter ton truck.

         h.   Only on-site parking facilities normal for a residential use shall be used.

   L.   Keeping Of Animals (Domestic And Non-Domestic):

      1.   All animal keeping uses shall adhere to the regulations contained in title 7, chapter 4 "Animal Control" of this code.

      2.   Horses:

         a.   All structures related to the keeping of horses shall be located a minimum of seventy-five (75) feet from any abutting residential property.

         b.   The maximum number of horses allowed on the property shall not exceed one per two (2) acres.

   M.   Keeping Of Bees:

      1.   Annual permit required.

      2.   Applicant shall demonstrate that they have completed a full course on beekeeping.

      3.   Number Of Colonies:

         a.   No person is permitted to keep more than the following numbers of colonies on any lot within the city, based upon the size or configuration of the apiary lot:

 

 

         b.   For each colony permitted to be maintained under this title, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth ten (10)-frame hive body with no supers.

         c.   If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall not be considered in violation of the portion of this title limiting the number of colonies if he or she temporarily houses the swarm on the apiary lot in compliance with the standards of practice set out in this title for no more than thirty (30) days from the date acquired.

      4.   Location:

         a.   No person shall establish or maintain any hive or keep any bees in the front yard of a property or within ten (10) feet of any property line, sidewalk, alley, or other public right-of-way as measured from the nearest point on the hive to the property line.

         b.   Where a colony is kept less than twenty-five (25) feet from a property line, the beekeeper shall establish and maintain a flyway barrier of at least five (5) feet in height. The flyway barrier may consist of a wall, fence, dense vegetation, or a combination thereof such that bees will fly over rather than through the materials to reach the colony. The flyway barrier shall be approved by the Zoning Administrator.

      5.   Honey bee colonies shall be kept in hives with removable frames.

      6.   Each beekeeper shall ensure that a convenient source of water is available within ten (10) feet of each of the colonies so long as colonies remain active outside of the hive.

      7.   Each apiary shall be visually screened from adjacent properties and public right-of-way. This may be achieved through a combination of buildings, fencing, or vegetation. Additional screening may be required at the discretion of the Zoning Administrator based on specific site characteristics.

      8.   Each beekeeper shall ensure that no wax comb or other materials that might encourage robbing by other bees are left upon the grounds of the apiary lot.

      9.   All beekeeping equipment shall be maintained in good condition. Unused equipment shall be secured from weather, potential theft or vandalism, and occupancy by swarms.

   N.   Keeping Of Chickens:

      1.   Annual permit required.

      2.   No person shall keep more than five (5) total hen chickens. No roosters shall be allowed.

      3.   Chickens shall be kept confined to the premises at all times and shall be secured inside of a shelter from sundown to sunrise each day to prevent nuisance noise and attracting predators. Chickens shall be housed within a coop and have access to the outdoors in a run. All chicken coops and runs shall meet the following requirements:

         a.   No more than one (1) coop and one (1) run allowed per lot.

         b.   The coop and run shall be located behind the principal structure, at least ten (10) feet from any property line, and outside of any drainage and utility easements. The coop or run shall be set back at least twenty (20) feet from any adjacent habitable dwelling.

         c.   Coops and runs shall be screened from all adjacent properties and streets. Screening may include an existing structure, a four (4)-foot high solid fence, or a four (4)-foot high landscaped hedge. All fencing shall meet the requirements of Chapter 6, Article 6 of the Unified Development Regulations.

         d.   Coops:

         (1)   All coops shall provide at least four (4) square feet and no more than eight (8) square feet per chicken and must not exceed six (6) feet in height.

         (2)   Coops shall be elevated between twelve (12) and thirty-six (36) inches above grade to ensure circulation beneath the coop.

         e.   Runs:

         (1)   All runs shall provide at least six (6) square feet and no more than ten (10) square feet per chicken with fencing not exceeding six (6) feet in total height.

         (2)   Runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground.

         (3)   Runs shall have a protective overhead netting to keep the chickens separated from other animals. Fencing shall be adequate to keep chickens in and predators out.

         (4)   Runs may be located under coops with such areas counting towards minimum square footage requirements.

      4.   Chickens shall not be permanently housed in any part of the principal dwelling, including an attached garage.

      5.   Chicken grains and feed shall be stored in a rodent proof container.

      6.   All animal waste (fecal matter, bedding, food, etc.) shall be properly stored and disposed of at least once per week.

      7.   No slaughter of chickens or use of chickens for cockfighting is allowed within the city limits.

      8.   Dead chickens shall be disposed of according to the Minnesota Board of Animal Health.

   O.   Mobile Food Unit (MFU):

      1.   See regulations in Title 3, Chapter 10.

      2.   MFUs shall obtain the required state and/or county licensing and permits for operation. (Ord. 2024-04, 6-4-2024)

   A.   Outdoor Dining:

      1.   The following standards for outdoor dining shall apply in all districts:

         a.   The site and enclosure(s) shall be designed to limit the effects of outdoor seating or dining areas on contiguous properties and/or public rights-of-way.

         b.   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.

         c.   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 the private sidewalk for pedestrians.

         d.   No public address system shall be audible from a noncommercial or nonindustrial use or district.

      2.   For all outdoor dining areas in the B-1 District and for those dining areas in the MX-2 district with eleven (11) or more seats, the following standards shall apply:

         a.   The seating area shall be located in a controlled or cordoned area acceptable to the city with at least one (1) opening to an acceptable pedestrian walk.

         b.   When a liquor license is granted, the patio or deck area must be compact and contiguous to the licensed premises and shall be quarantined off by an appropriate fence, wall or staff monitor as approved by City staff.

         c.   The seating area shall not be permitted within two hundred (200) feet of any residential use or district as measured at the property line and shall be separated from residential use or district by the principal structure or other method of screening acceptable to the city. The minimum distance from a residential use or district may be reduced should the city determine the applicant has added sufficient elements to reduce the impact of this use.

      3.   In the MX-2 District, the following standards shall apply to outdoor seating or dining areas for ten (10) or fewer seats:

         a.   Patrons shall not be served food or beverages outside, except that employees may refill beverage containers in the seating area. At no time shall the seating area be used for the consumption of alcoholic beverages.

         b.   The outdoor seating or dining area shall be equipped with refuse containers. The business owner shall ensure that the area is properly maintained and litter free.

   B.   Outdoor Display Or Sales:

      1.   Outdoor display or sales related to trailer, construction, or agricultural machinery sales or rental shall be subject to those standards identified for vehicle sales or rental in Section 11- 6-3 "Principal Uses, Commercial."

      2.   Outdoor display or sales in all districts shall adhere to the following standards:

         a.   The site and building(s) shall be designed to limit the effects of outdoor display or sales on adjacent properties and public rights-of-way.

         b.   Displayed merchandise shall be maintained in a neat and orderly fashion.

         c.   Outdoor sales shall be conducted by the owner or lessee of the premises or with the written consent of the owner or lessee.

         d.   Only merchandise that is normally manufactured, sold, or stored by the occupant on the premises shall be sold and/or promoted.

         e.   Merchandise shall consist only of finished products. Disassembled merchandise parts may be displayed outdoors only when new products are customarily sold unassembled and are intended for customer purchase and assembly.

         f.   Display or sales areas shall meet all required setbacks.

         g.   Display and sales activity shall be conducted on a paved surface and shall not take up, or interfere with access to, any required parking, loading, maneuvering or pedestrian area.

         h.   Outdoor display or sales of goods shall be allowed on the private sidewalk immediately in front of the principal building, provided that the area shall not exceed four (4) feet in height.

         i.   No public address system shall be audible from a noncommercial or nonindustrial use or district.

         j.   Temporary structures associated with sales lots that are in compliance with all building code, fire code, zoning ordinance, this code, county ordinance, or state statute may be allowed with an Interim Use Permit.

      3.   In addition to the standards listed in subsections B.1 and B.2 above, outdoor display or sales in the MX-1 District shall adhere to the following standards:

         a.   Aggregate area of outdoor sales and display shall be limited to an area not more than forty percent (40%) of the finished square feet of the principal building. The forty percent (40%) outdoor sales and display area may be exceeded for up to a four (4)-day period through an administrative permit approved by the Zoning Administrator. No business shall receive more than twelve (12) permits per calendar year.

         b.   There shall be no display of automobiles or recreation vehicles.

         c.   Except while loading, unloading, or rendering a service in a designated loading area, no commercial trucks, truck-tractor, or semitrailer combinations are permitted to be parked and/or stored longer than forty-eight (48) hours. The principal use of a semitrailer may not be for outdoor sales. Semitrailers that are principally used for education, training, and demonstration to the customer in the use or care of a product where sales are a secondary use of the trailer may be permitted. These educational and demonstration semitrailers are to be limited to a period not to exceed ninety-six (96) hours.

      4.   In addition to the standards listed in subsections B.1 and B.2 above, outdoor display or sales in the MX-2 District shall adhere to the following standards:

         a.   Outdoor display or sales is limited to an area equal to forty- five percent (45%) of the gross floor area of the principal building.

         b.   Outdoor display or sales may be allowed in the following locations:

         (1)   On the private sidewalk immediately in front of the principal building, provided that the area does not exceed four (4) feet in height.

         (2)   At the pump island of an automobile fuel station, as specified in section 11-6-3 "Principal Uses, Commercial."

         (3)   Within an enclosure constructed of materials compatible to the building's architecture such as decorative fencing or a building wall, provided that:

            (a)   The enclosure shall provide a minimum ninety percent (90%) opacity screen.

            (b)   The square footage of the outdoor display area(s) shall be included in calculation of required off street parking for the use.

      5.   In addition to the standards listed in subsections B.1 and B.2 above, outdoor display or sales in the B-2 and I-1 districts shall adhere to the following standards:

         a.   The outdoor display/storage or sales area is limited to an area equal to thirty percent (30%) of the gross area of the site.

         b.   The outdoor display or sales area shall only be located in a side or rear yard.

         c.   Any outdoor display or sales area shall be completely enclosed by screening as follows:

         (1)   Any portion of an outdoor display/storage or sales area adjacent to a public right-of-way or nonindustrial use or district shall be screened from eye level view from the public right-of-way or nonindustrial use or district by a one hundred percent (100%) opacity screen to a height equal to the items being screened but not more than thirty-five (35) feet. Screening shall be accomplished by buildings, landscaping and berming, natural topography, screening walls or a combination thereof. Any screening wall shall be made of the same materials as the principal building and shall not extend more than seventy (70) feet without a change in architecture to reduce its mass and appearance.

         (2)   The portion(s) of outdoor display/storage or sales area(s) adjacent to an industrial use or district shall be required to be screened from eye level view from other industrial uses or districts by at least a fifty percent (50%) opacity screen to a height equal to the items being screened but not more than thirty-five (35) feet. Screening shall be accomplished by any of the items listed in subsection 11-7-6 B "Screening" of this title or fencing.

         d.   The square footage of the outdoor display or sales area(s) shall be included in calculation of required off street parking for the use.

         e.   The perimeter measurement of the outdoor display/storage or sales area shall be included in the calculation of required foundation plantings.

   C.   Outdoor Industrial Equipment:

      1.   I-1 District:

         a.   Functioning structures such as conveyor belt systems, cooling towers, storage silos or the like that are accessory and integral to the principal use of the site may be allowed, subject to the following:

         (1)   The applicant shall demonstrate that the outdoor structure or equipment cannot be integrated into a building design.

         (2)   The site and building(s) shall be designed to screen and limit the effects of the outdoor structure or equipment on adjacent properties and public right(s)-of-way.

         (3)   Each property may have up to four (4) outdoor structures or equipment clustered together in a total aggregate area not to exceed five thousand (5,000) square feet.

         (4)   The height of outdoor structure or equipment shall not exceed sixty (60) feet.

         (5)   The outdoor structure or equipment shall not take up, encroach upon or interfere with access to any required yard, parking, loading, maneuvering or pedestrian area.

         (6)   The outdoor structure or equipment shall be located on an approved surface.

         (7)   The city may exempt outdoor structure or equipment from the site and building performance standards in chapter 7 "Development Standards" of this title; however, all such structures or equipment must be functional and shall be made of high- quality long-lasting material compatible with both adjacent properties and other buildings in the I-1 District.

      2.   I-1 District:

         a.   Functioning structures such as conveyor belt systems, cooling towers, storage silos or the like that are accessory and integral to the principal use of the site may be exempt from the outdoor storage requirements in subsection 11-6-8D of this section, subject to the following:

         (1)   The applicant shall demonstrate that the outdoor structure or equipment cannot be integrated into a building design.

         (2)   The site and building(s) shall be designed to screen and limit the effects of the outdoor structure or equipment (noise, vibrations, illumination, particulate, or the like) on adjacent properties and public right(s)-of-way.

         (3)   The outdoor structure or equipment shall be located on an approved surface in a remote location that is not adjacent to any public right-of-way or nonindustrial use or district.

         (4)   The aggregate area for outdoor structure or equipment shall be limited to an area equal to fifteen percent (15%) of the gross floor area of the principal building and to a height not to exceed seventy (70) feet. Larger areas or taller structures or equipment may be approved by the city through a conditional use permit.

         (5)   The outdoor structure or equipment shall not take up, encroach upon or interfere with access to, any required yard, parking, loading, maneuvering or pedestrian area.

         (6)   The city may exempt outdoor structure or equipment from the site and building performance standards in chapter 7 "Development Standards" of this title; however all such structures or equipment must be functional and shall be made of high quality long lasting material compatible with both adjacent properties and other buildings in the I-1 District.

         b.   Up to two (2) fuel storage tanks with a maximum capacity of one thousand one hundred (1,100) gallons each and a thirty (30)-foot setback from all properties, may be allowed on properties located west of County Road 73.

   D.   Outdoor Storage:

      1.   Outdoor storage in all districts shall adhere to the following standards:

         a.   The storage area shall not take up, or interfere with access to, any required parking, loading, maneuvering, or pedestrian area.

         b.   The storage area shall be maintained in a neat and orderly fashion.

         c.   The outdoor display/storage or sales area shall be clearly identified on the approved site plan for the project, may only be located in either a side or rear yard, and shall not encroach into any required setback.

         d.   The square footage of the outdoor storage area (except those areas used for vehicle storage and not considered a required parking area) shall be included in calculation of required off-street parking for the use.

         e.   The perimeter measurement of the outdoor storage area shall be included in the calculation of required foundation plantings.

         f.   Outdoor storage of woodpiles is allowed as follows:

         (1)   Firewood shall not be stored in the front yard or nearer the front lot line than the principal building or less than five (5) feet from a lot line.

         (2)   Firewood shall be stacked on an impervious surface or be elevated at least four (4) inches off the ground.

         (3)   Stacks shall not exceed six (6) feet in height.

         g.   Storage of junked motor vehicles:

         (1)   Outdoor storage of any junked motor vehicle is prohibited on any public or private property with the exception of property lawfully zoned and operated as a recycling operation.

         (2)   It is unlawful for any person to park, store or leave any junked motor vehicle, whether attended or not, upon any public or private property within the city, or for any person, as an owner of or an occupant having control of private property within the city to permit the parking, storing or leaving of any junked vehicle upon such private property unless such junked motor vehicle is within an enclosed building or structure.

      2.   In addition to the standards listed in subsection 1, outdoor storage in the B-2 District shall adhere to the following standards:

         a.   The outdoor storage area is limited to an area equal to thirty percent (30%) of the gross area of the site.

         b.   The outdoor storage area shall be surfaced with concrete or an approved equivalent to control dust.

         c.   Any outdoor storage area shall be completely enclosed by screening as follows:

         (1)   Any portion of an outdoor storage area adjacent to a public right-of-way or nonindustrial use or district shall be screened from eye level view from the public right-of-way or nonindustrial use or district by a one hundred percent (100%) opacity screen to a height equal to the items being screened but not more than thirty-five (35) feet.

            (a)   Screening shall be accomplished by buildings, landscaping and berming, natural topography, screening walls or a combination thereof.

            (b)   Any screening wall shall be made of the same materials as the principal building and shall not extend more than seventy (70) feet without a change in architecture to reduce its mass and appearance.

         (2)   The portion(s) of outdoor storage area adjacent to an industrial use or district shall be required to be screened from eye level view from other industrial uses or districts by at least a fifty percent (50%) opacity screen to a height equal to the items being screened but not more than thirty-five (35) feet.

            (a)   Screening shall be accomplished by any of the items listed in section 11-7-6 "Landscaping, Screening, and Buffering Standards" of this title or fencing.

      3.   In addition to the standards listed in subsections 1 and 2 above, outdoor storage in the I-1 District shall adhere to the following standards:

         a.   Outdoor storage uses are exempt from the site and building standards outlined in section 11-7-2 "Architectural Standards" of this title.

         b.   The outdoor storage area shall be designed to limit its effects on adjacent properties and public right(s)-of-way.

         c.   The storage area shall be surfaced with paving, porous paving, gravel, vegetation, or a combination thereof. If necessary, this covering shall include additional materials so as to comply with subsection 11-7-1 "Performance Standards" of this title.

         d.   No public address system shall be audible from a noncommercial or nonindustrial use or district. This subsection shall not be read to prohibit or proscribe safety alarms or sirens.

         e.   All outdoor storage areas shall be set back and screened by buildings, structures, landscaping and berming, natural topography, screening wall, or a combination thereof. In no case shall any outdoor storage area be located within seventy-five (75) feet of any public right-of-way or property line.

         (1)   Screening for the outdoor storage area shall be established equal to the height of the items being screened, but not more than thirty-five (35) feet.

         (2)   Outdoor storage areas located between seventy-five (75) feet and three hundred (300) feet from a public right-of-way or property line:

            (a)   Shall be screened from eye level view from the public right-of-way by a one hundred percent (100%) opacity screen.

            (b)   Screening walls shall be made of masonry material and shall include a change in architecture every one hundred (100) linear feet to reduce its mass and appearance.

         (3)   Outdoor storage areas located between three hundred (300) and one thousand (1,000) feet from a public right-of-way or property line:

            (a)   Shall be screened from the eye level view from the public right-of-way by a seventy-five percent (75%) opacity screen.

            (b)   Screening walls shall be made of masonry material and shall include a change in architecture every three hundred (300) linear feet to reduce its mass and appearance.

         (4)   If an outdoor storage area is located more than one thousand (1,000) feet from a public right-of-way or property line, no screening shall be required.

   E.   Recreational Amenity, Private:

      1.   Recreational amenities shall not be located in front of a principal structure.

      2.   Recreational amenities shall meet accessory structure setback requirements for zoning district in which they are placed.

      3.   Swimming pools shall be subject to section 5-3-1 "Swimming Pools" of this Code.

   F.   Recreational Vehicle Parking Or Storage:

      1.   See section 8-2-5 "Parking and Storage of Recreation Vehicles" of this code.

   G.   Residential Swimming Pool:

      1.   See regulations listed in title 5 chapter 3 "Swimming Pools" of this Code.

   H.   Sacred Community:

      1.   Any sacred community use shall meet all requirements listed in Minn. Stat. 327.30.

   I.   Sales Office, Temporary:

      1.   All temporary sales offices shall receive a building permit.

      2.   The temporary sales office shall be removed within thirty (30) days of the certificate of occupancy for the development's model unit or leasing office, or within six (6) months of the issuance of the building permit for the temporary sales office, whichever occurs first. If requested in writing prior to expiration of the original six (6) month period, six (6) month extensions may be granted by staff. Said extensions shall also expire within six (6) months or thirty (30) days of the certificate of occupancy for the development's model unit or leasing office, whichever occurs first.

      3.   Each development project shall be limited to one (1) temporary sales office.

      4.   All temporary sales offices shall be required to meet the standards of the current Minnesota state building code and Americans with Disabilities Act (ADA).

      5.   All temporary sales offices shall meet the setback standards as required for any structure within the applicable zoning district.

      6.   Temporary sales offices shall have skirting around the entire base of the unit.

      7.   Prior to use by the public, all temporary sales offices shall provide at least six (6) off-street parking stalls for every one thousand (1,000) square feet of gross floor area. In addition, the surface of the parking area shall at a minimum consist of class V crushed rock. Should the temporary sales office exist longer than one (1) year, the off-street parking area shall be paved. Each parking stall shall be delineated by a concrete parking stop, sign or landscape planter.

      8.   Temporary sales offices shall be permitted only for residential subdivisions for which a final plat has been approved by the city council. Additionally, a temporary sales office shall be located on the property for which the final plat was approved. No off-site temporary sales offices will be permitted.

      9.   All temporary sales trailers shall have access from a public or private paved street.

   J.   Satellite Dish:

      1.   Satellite dishes shall not be closer than ten (10) feet from a side or rear lot line and shall not be placed in front or street front yards.

      2.   Exception: Satellite dish antennas less than one meter (39.7") in diameter are exempted from this requirement.

   K.   Short-Term Vacation Rental (STVR):

      1.   The maximum number of overnight guests will be limited to two (2) times the number of bedrooms rented plus one (1).

      2.   Dwelling requirements:

         a.   Rooms used for sleeping shall have an egress window and functioning smoke detectors.

         b.   The guest(s) must have access during their entire stay to a full bathroom, including sink, toilet, and tub or shower.

      3.   Parking:

         a.   All STVR parking shall be accommodated on improved surfaces on the premises. No on-street parking is allowed for guests.

         b.   Where the property owner resides on the premise, additional off-street parking shall be provided to accommodate both the principal use and the STVR use.

      4.   If not residing on the property, the property owner or manager/representative must be located within thirty (30) miles of the property. The property owner shall maintain with the city the contact information for the local contact or managing agent for the property.

      5.   A guest record shall be maintained, including the name, address, phone number, and vehicle license plate information for all guests. This record must be provided to the city within forty-eight (48) hours of a request for the guest record.

      6.   Guest disclosures. The property owner must disclose in writing to their transient guests the following rules and regulations. This disclosure shall be conspicuously displayed in the home:

         a.   The name, phone number and address of the owner, operating lessee or managing agent/representative;

         b.   The maximum number of guests allowed at the property;

         c.   The maximum number of vehicles allowed at the property and where they are to be parked;

         d.   City nuisance ordinances requirement that noise levels be reduced between 10:00 p.m. and 7:00 a.m. on weekdays and midnight to 7:00 a.m. on weekends and that this will be enforced by the Rosemount Police Department; and

         e.   Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas, and other recreational facilities.

      7.   All garbage must be kept in rubbish containers issued by a contracted collection service.

      8.   Signage shall be limited to a four square foot, non-illuminated name plate attached to the building entrance.

   L.   Small-Scale Solar Energy System, Ground-Mounted:

      1.   Ground-mounted solar energy systems shall comply with all general requirements for solar energy systems listed in section 11-6-5 "Principal Uses, Agriculture, Open Space, and Natural Resources."

      2.   Ground-mounted solar energy systems shall comply with the accessory structure setback standards for the applicable zoning district in which they are located.

      3.   Ground-mounted solar energy systems shall not exceed fifteen (15) feet in height.

      4.   The surface area of ground mounted systems shall not exceed the maximum lot coverage standard of the applicable zoning district.

      5.   Ground mounted solar energy systems shall be screened from view of the public right-of-way to the extent possible without reducing their efficiency by setback, berming, landscaping, walls or a combination thereof.

   M.   Small-Scale Solar Energy System, Roof-Mounted:

      1.   Roof-mounted solar energy systems shall comply with all general requirements for solar energy systems listed in section 11-6-5 "Principal Uses, Agriculture, Open Space, and Natural Resources."

      2.   Roof-mounted solar energy systems shall comply with the setback requirement for the applicable zoning district and structure type (principal or accessory) on which they are mounted and may encroach those setbacks per section 11-2-5 "General Lot, Building, and Yard Provisions" of this title.

      3.   Roof mounted solar energy systems shall comply with the height standards of the applicable zoning district.

         a.   Roof mounted solar energy systems may be mounted at an angle to the roof to improve their efficiency; however, the highest point of a solar panel in any residential district shall not be more than three (3) feet, measured in a straight line, above the roof upon which the panel is mounted.

         b.   This three (3)-foot height limitation does not apply to roof mounted solar energy systems located in nonresidential districts or on nonresidential uses.

      4.   Roof-mounted solar energy systems shall not cover more than eighty percent (80%) of the south facing or flat roof upon which the panels are mounted and shall be set back a minimum of one (1) foot from the edge of the roof.

      5.   Roof-mounted solar energy systems shall be designed to blend into the architecture of the building, provided that design considerations shall not diminish energy production. The color of the solar collector is not required to be consistent with other roofing materials. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare.

      6.   Roof-mounted solar energy systems located in nonresidential districts or on nonresidential uses shall be screened in accordance with the requirements of subsection 11-7-6 B "Screening" of this title and the screening requirements of the applicable zoning district to the extent possible without reducing their efficiency.

   N.   Spent Bauxite Disposal Facility:

      1.   Permits for spent bauxite disposal facilities shall only be issued if the following standards are met or exceeded:

         a.   The facility shall represent the best available technology for land disposal of spent bauxite.

         b.   The operator and staff shall have sufficient experience in the operation of such facilities to ensure competent operation.

         c.   The design, construction and operation of the facility shall minimize negative environmental impacts and must mitigate such impacts to the fullest extent possible.

         d.   Public health, safety and welfare shall be ensured.

         e.   Adequate closure, postclosure and contingency plans shall be established.

         f.   An emergency response plan shall be established and accepted by the city.

         g.   All environmental studies required shall be completed and declared adequate by the responsible governmental units.

         h.   There shall be adequate access to the site.

         i.   The proposed project shall be compatible with surrounding land uses.

         j.   The applicant provides financial security sufficient to guarantee compliance with the terms of the permit.

         k.   The economic benefits, incentives and other advantages to the city and community must outweigh any known or potential negative aspects of the facility.

         l.   The applicant shall demonstrate that reuse or recycling of spent bauxite is not feasible during the term of the permit and that land disposal is the only practical alternative.

         m.   An interim use permit shall not be issued until all required local, state and/or federal permits have been obtained by the applicant.

   O.   Transient Merchant Sales Lot:

      1.   See regulations listed in title 3, chapter 5 "Licensing of Peddlers, Solicitors and Transient Merchants" of this code.

   P.   Uses Accessory To Large-Scale Mineral Extraction:

      1.   A separate Interim Use Permit or approval is not required for an accessory use.

      2.   Accessory uses shall meet the same performance standards as the large-scale mineral extraction operation listed in section 11-6-4 "Principal Uses, Industrial."

   Q.   Uses Accessory To Small-Scale Mineral Extraction:

      1.   A separate Interim Use Permit or approval is not required for an accessory use.

      2.   Accessory uses shall meet the same performance standards as the small-scale mineral extraction operation listed in Section 11-6-4 "Principal Uses, Industrial." (Ord. 2024-04, 6-4-2024; amd. Ord. B-322, 10-7-2025)