All single unit detached homes, except as part of approved manufactured home parks, shall conform to the following requirements:

A.

Perimeter Foundation. Be constructed upon a continuous perimeter foundation that meets the requirements of the State Building Code.

B.

Dimensional Requirements. No residential structure shall have a width of less than 22 feet on not less than 70 percent of the structure. Width measurements shall not be inclusive of overhangs or other projections beyond the principal exterior walls.

C.

Roof.

a.

Permitted roof materials include earth covered, shingles (asphalt, fiberglass, wood), tile, finished metal standing seam with concealed fasteners, or better.

b.

Roofs for single unit dwellings may be flat or pitched. A flat roof must shed water having some degree of slope. If the single unit dwelling includes a pitched roof, the roof pitch shall be at least three/twelve (3/12) with a one (1) foot overhang.

D.

The requirements of the State Building Code or the applicable manufactured housing code shall be met.

(Ord. 306, SS, § 1, 2-21-2023)

A.

In the R-1 district, three-unit and four-unit dwellings shall not be permitted.

B.

Units shall share a common driveway; only one curbcut/street access is permitted for driveway/parking areas.

A.

There shall be no more than six (6) units per structure in a row or eight (8) units per structure if back-to-back.

B.

Individual units shall be at least 24 feet wide.

C.

No garage shall extend the full width of any individual unit. The front façade of a townhouse or rowhouse unit shall include a window and/or door.

A.

Exclusive of required entrances, the residential use and any parking may occupy no portion of the front one-half of the first story floor area. For corner or through lots, the standard shall be applied to one (1) street frontage as determined by the Zoning Administrator in consultation with the applicant. As permitted in Table 10-44-1 Principal Use Table - Business and Industrial Districts, non-residential uses allowed as part of this use include, but are not limited to, the following:

1.

Retail sales;

2.

Personal services;

3.

Business and technical services;

4.

Food and beverage services.

B.

For any part of a rear building line located within 100 feet of a public parking lot, no residential use may occupy the rear one-half of the first story floor area.

(Ord. 318, § 1, 6-20-2023)

A.

Any commercial use permitted in the zoning district applicable to the property is permitted in the live/work unit.

B.

Live/work units located at street level are subject to the development standards for ground-floor retail or commercial establishments as follows:

1.

A minimum of 80 percent of a structure's street front façade at street level shall be occupied by nonresidential uses.

2.

The ground floor shall have a minimum floor-to-floor height of 13 feet.

C.

Parking for customers, if required, shall be separate from resident parking.

D.

Live/work units that exceed 2,000 square feet must have at least two (2) exits.

E.

Within each live/work unit, the living area shall not exceed one third (⅓) of the total floor area of the unit.

All manufactured home parks within the City shall meet the requirements specified in Section 4-4 Manufactured Home Parks of the City Code.

A.

A minimum of 600 square feet of lot area shall be provided for each person to be housed on the site.

B.

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

C.

At least 12 percent of the lot area shall be developed as designed outdoor recreation area.

D.

The structure housing the use shall comply with the requirements of the state law and the building code regulating the construction of licensed care facilities.

E.

Approval must be obtained from the proper agencies concerning health and safety conditions and the home must be licensed by the agencies.

A.

The owner or operator shall reside on the property.

B.

The establishment shall conform to State Health and Building Code requirements and shall be licensed with the City.

C.

The only meal served to guests shall be breakfast, and only guests shall be served.

D.

Guests shall not stay for more than 14 days within any 90-day period.

E.

On-premises signage for any bed and breakfast facility located in any residential district shall be limited to either one (1) wall sign or one (1) freestanding sign not more than four (4) square feet in area per sign face. No sign shall be internally illuminated.

F.

No cooking or cooking facilities shall be allowed or provided in the guest rooms.

A.

The site accesses on a collector street, as shown within the Comprehensive Plan.

B.

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

A child care center may be permitted as a principal use as long as the following standards are met:

A.

The child care center shall be licensed by the State of Minnesota; and

B.

The child care center may serve:

1.

12 or fewer persons in the A-1, A-2, UR, and RR- zoning districts; and

2.

16 or fewer persons in R-1 and R-2 zoning districts; and

3.

13—16 persons in the R-3, and B-1 zoning districts.

4.

There is no maximum number of persons served for child care centers in the B-2 zoning district.

C.

Play equipment, swings, sand boxes, or structures shall not be located in the front yard.

D.

Boundaries of an outdoor play space shall be defined by a permanent enclosure not less than four (4) feet high to protect the children. Fencing, plants or landscaping may be used to create a permanent enclosure.

(Ord. No. 342, SS, § 2, 1-6-2025)

A.

Side yards shall be double that required for the district.

B.

This use shall be located on a collector or arterial street as listed in the Comprehensive Plan, and access shall be located so that access can be provided without generating significant traffic on local, residential streets.

C.

An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

D.

Outdoor recreational and play areas shall be located at least 25 feet from any lot in a residential district.

Side yards shall be double that required for the district.

A.

Side yards shall be double that required for the district.

B.

This use shall be located on a collector or arterial street as listed in the Comprehensive Plan, and access shall be located so that access can be provided without generating significant traffic on local, residential streets.

C.

An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

D.

Outdoor recreational and play areas shall be located at least 25 feet from any lot in a residential district.

Any sacred community use shall meet all requirements listed in MN Stat 327.30.

(Ord. 325, SS, § 11, 2-5-2024)

Editor's note— Ord. 325, SS, § 11, adopted Feb. 5, 2024, renumbered the former § 10-62-06 as § 10-62-07 and enacted a new § 10-62-06 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

Side yards shall be double that required for the district.

B.

Access shall be located so that access can be provided without generating significant traffic on local, residential streets.

C.

An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

D.

Outdoor recreational and play areas shall be located at least 25 feet from any lot in a residential district.

(Ord. 325, SS, § 11, 2-5-2024)

Editor's note— Formerly § 10-62-06. See editor's note following § 10-62-06.

A.

The use shall comply with the provisions listed in Section 8-3, Animals of the City Code.

B.

It is unlawful for any person to operate or maintain a kennel without a license therefore from the City.

C.

Hospitals and clinics operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this Section.

D.

The subject site shall be a minimum of 10 acres in size.

E.

Any breeding, boarding, exhibiting, or other such commercial activity shall require the site to be located on a collector or arterial roadway, have sufficient off-street parking supplied as listed in Part 10-72-00 of this Ordinance, and be screened from all adjacent residentially-zoned property, including any properties directly across the street from the facility.

F.

No more than 10 dogs over the age of six (6) months shall be kept on the site at any time.

G.

The property shall be enclosed by a fence or other adequate means as determined by the Zoning Administrator or designee.

A.

The use, including outdoor parking areas, shall be fully screened from all adjacent residentially-zoned property, including any properties directly across the street from the facility.

B.

All outside storage shall be prohibited except the storage of customer vehicles waiting for repair or pick-up.

C.

Parking spaces consistent with Part 10-72-00 shall be provided for employees and customers.

D.

All repair and service work shall be completed within an enclosed building.

E.

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

F.

All necessary permits shall be obtained from the proper authorities prior to the operation of the auto repair use.

A.

Minimum distance requirements.

1.

The City of St. Francis shall prohibit the operation of a cannabis retail business within a door-to-door span of:

a.

1,000 feet of a K-12 school

b.

500 feet of a day care

c.

500 feet of a residential treatment facility

d.

500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field.

2.

Pursuant to Minn. Stat. § 462.367 subd. 14, nothing in provision A.1 above shall prohibit an active cannabis retail business or a cannabis retail business seeking registration from continuing operation at the same site if a school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone.

B.

Hours of operation. Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 8:00 a.m. and 10:00 p.m. Monday through Saturday and 10:00 a.m. to 9:00 p.m. on Sunday.

(Ord. No. 343, SS, § 4, 1-21-2025)

A.

Stacking space shall be provided for the car wash which takes into account the type of car wash and the amount of time it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces or traffic circulation.

B.

The exit from the car wash shall have a drainage system which is subject to the approval of the City and gives special consideration to the prevention of ice build-up during winter months.

C.

The car wash shall be screened from all residential districts according to Section 10-73-00.

D.

Hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. daily unless extended by the City Council.

(Ord. No. 343, SS, § 5, 1-21-2025)

Editor's note— Ord. No. 343, SS, § 4, adopted January 21, 2025, amended the Code by adding a new 10-63-03. At the discretion of the editor, former 10-63-03 has been renumbered as 10-63-04.

A.

The sale of lower-potency edibles is permitted in a municipal liquor store.

B.

The sale of lower-potency hemp beverages is permitted in places that meet requirements of this Section.

C.

Lower-potency hemp edibles shall be sold as directed by the MN State Office of Cannabis Management.

(Ord. No. 343, SS, § 5, 1-21-2025)

A.

Vehicle sales uses shall have frontage on Highway 47.

B.

Any vehicle sales use adjacent to a residential district shall be fully screened from view following screening requirements in Part 10-73-00.

C.

All vehicle sales uses and dealers shall obtain the appropriate license from the State of MN.

D.

No fewer than five (5) parking spaces per tenant shall be provided. The number of tenant and customer parking spaces provided shall meet or exceed the City's parking requirements for auto sales as established in Part 10-72-00.

E.

Parking areas on-site shall be designed in accordance with Sections 10-72-04 and 10-72-08.

F.

All vehicles parked on the property shall be licensed and registered or current dealer-owned inventory.

G.

Wrecked automobiles shall not be allowed on-site.

H.

No vehicle repair or service is permitted on-site.

I.

Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.

J.

All exterior lighting on the site shall meet the regulations established in Section 10-71-04 Exterior Lighting.

(Ord. No. 343, SS, § 5, 1-21-2025)

Editor's note— Ord. No. 343, SS, § 5, adopted January 21, 2025, amended the Code by adding a new 10-63-05. At the discretion of the editor, former 10-63-04 has been renumbered as 10-63-06.

A.

If the owner of the rural event venue use is not the owner of the property on which it is operated, then the owner of the property shall be a consenter to the interim use permit application and have a letter on file with the City stating her/his permission for the use to occur and her/his acknowledgement of the standards required for the use.

B.

Rural event venues shall have direct access to an arterial or collector street, as shown within the Comprehensive Plan.

C.

The responsible road authority shall grant written permission for such use at the proposed location.

D.

All structures and portions of the parcel in conjunction with the rural event venue, including temporary structures and overnight accommodations, shall be located at least 200 feet from property lines and 300 feet from neighboring residential dwellings.

E.

Adequate restroom facilities shall be provided.

F.

If there is a commercial kitchen on-site or if the facility has its own liquor license, an individual sewage treatment system shall be provided that complies with Section 3-4 of the City Code and regulations from the Minnesota Pollution Control Agency (MPCA). If food and/or alcohol are provided by a caterer, the site, at the discretion of the Planning and Zoning Commission, may permit the use of a holding tank or provide restroom facilities via portable toilets.

G.

All buildings used in conjunction with the use shall meet the requirements of the state building code, including state mandated accessibility requirements.

H.

Local and state health and liquor regulations shall be met if food or beverages are served.

I.

Hours of operation shall be limited to 7:00 a.m. to midnight. The City Council may grant approval for modified hours of operation.

J.

Any outdoor lighting shall be arranged so as to reflect the light away from adjoining property and right-of-way and shall comply with the regulations listed in Section 10-71-04 Exterior Lighting.

K.

All signs for the rural event venue shall meet the regulations listed in Part 10-91-00 Signs.

L.

All garbage shall be kept in rubbish containers that are stored out of view of a public street.

M.

Overnight accommodations may be provided for guests attending the event at the venue.

1.

The length of stay for guests shall be limited to 3 consecutive nights.

2.

Meals shall not be provided beyond the food and beverages served during the actual event and those which may be served during regular operation of a business on-site (i.e. breakfast at a bed and breakfast).

3.

Permanent accommodations shall be considered a hotel room for tax purposes.

4.

Camping in recreational camping vehicles is permitted and shall comply with all regulations in Minnesota Rules, Ch. 4630.

5.

Tent camping is permitted in conformance with Minnesota Rules, Ch. 4630. Quiet hours for the tent camping area shall be enforced from 10:00 p.m. to 7:00 a.m.

N.

Local law enforcement shall be notified prior to each event.

(Ord. No. 343, SS, § 5, 1-21-2025)

Editor's note— Ord. No. 343, SS, § 5, adopted January 21, 2025, amended the Code by adding a new 10-63-05. At the discretion of the editor, former 10-63-05 has been renumbered as 10-63-07.

A.

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

B.

Owner/operator shall install all standard or necessary equipment to ensure that detectable odors coming from brewing/distilling operations are eliminated to prevent odors from presenting a public nuisance.

C.

No exterior storage shall be allowed including, but not limited to: brewing/distilling equipment, product, raw materials, or waste materials.

D.

A loading and unloading area for all trucks greater than 22 feet in length must be provided off-street.

E.

Facilities located within the B-1 or B-2 Districts shall also meet the following:

1.

A taproom and/or retail outlet is required and shall be located along the primary storefront of the building.

2.

The taproom and/or retail outlet shall occupy a minimum of 20 percent of the gross floor area with no maximum limit.

3.

Alcohol produced off-site shall not be sold on-site; this includes both on-sale and off-sale transactions.

A.

This use may also include associated facilities such as offices and small scale warehousing, but distribution is limited to vans and small trucks. Distribution access shall be from the rear of the building.

B.

A showroom or retail outlet is permitted.

C.

Distribution shall be from a designated loading area only.

A.

No part of any building occupied by heavy manufacturing uses shall have any opening other than stationary windows or required fire exits within 200 feet of any Residential district.

B.

Any building which includes the cutting of stone through saw or hydraulic methods shall be located a minimum of 100 feet from any Residential district.

C.

The use shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way

D.

Any of the following uses shall be located at least 600 feet from any Residential district and at least 200 feet from any Business district:

1.

Manufacturing uses involving primary production of the following products from raw materials:

a.

Asphalt, cement, charcoal, and fuel briquettes;

b.

Aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn, and hydrochloric, nitric, phosphoric, picric, and sulfuric acids;

c.

Coal, coke, and tar products, including gas manufacturing; explosives, fertilizers, gelatin, animal glue and size;

d.

Turpentine;

e.

Rubber and soaps, including fat rendering;

2.

The following processes: nitrating of cotton or other materials; magnesium foundry; reduction, refining, smelting, and alloying of metal or metal ores; refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil; distillation of wood or bones; storage, curing, or tanning of raw, green, or salted hides or skins.

3.

Stockyards and slaughterhouses, except for poultry.

4.

Storage of explosives or fireworks, except where incidental and accessory to a use which is not subject to a distance requirement.

5.

Any other use which is determined by the City Council to be of the same general character as the uses in this Section.

A.

Purpose. The purpose of this Section is to provide for the economical availability of sand gravel, rock, soil and other materials vital to the continued growth of the region and the City, to establish reasonable and uniform limitations, safeguards and controls in the City for the future production of such minerals, and to control and minimize pollution caused by erosion or sedimentation, all in furtherance of the health, safety and general welfare of the citizens of the City.

B.

Permit Required; Additional Permits.

1.

No person shall open, operate or maintain either directly or indirectly any active or inactive excavation for extractive purposes or process any sand, gravel, rock, other soils, or derived products unless such person shall first have obtained from the City, any and all permits, an excavation (mining) permit as required in this Ordinance, and an interim use permit.

2.

An extraction license and conditional use permit shall not be required for any of the following:

a.

Extraction for the purpose of the foundation, cellar or basement of some immediately pending superstructure to be erected, built or placed thereon contemporaneously with or immediately following such extraction, provided that a building permit has first been issued.

b.

Extraction in reliance on and in accordance with an approved development plan or grading plan.

c.

Extraction by the State, County or City authorities in connection with construction or maintenance of roads or highways or utilities, provided such activity is conducted within the road or highway right-of-way or utility easement.

d.

Curb cuts, utility hook ups or street openings for which another permit is required from the City. Where another license or permit is not required or obtained, the extraction license provided for in this Ordinance shall be required.

e.

Extraction of less than 100 cubic yards. Such extractions, however, will be subject to a staff permit found in Part 10-74-00 of this Ordinance which will address erosion control, traffic, streets, safety, noise, hours of operation, duration of activity, and environmental factors. If these factors cannot be adequately addressed, the permit may be denied.

f.

Extractions or grading for agricultural purposes. Such extractions will require a Staff Permit as provided for in Part 10-74-00 of this Ordinance.

g.

Excavation, filling, or grading for purposes other than extraction, mining, or gravel pits. Such activity is permitted in Part 10-74-00 of this Ordinance.

C.

Application for Permit. Application for a permit under this Ordinance shall be made in writing to the City on such form as the City may from time to time designate, and shall include the following information:

1.

The correct legal description of the premises where pursuant to this Ordinance, the excavation, removal, processing, recycling, storage or other handling of rock, sand, dirt, gravel, clay, or derived products does or shall occur.

2.

The names and addresses of the applicant, operator and owner of the land.

3.

The primary highways, streets or other public ways within one (1) mile of the boundaries of the pit within the City upon and along which the material excavated or removed shall be transported in normal operation.

4.

A map of the proposed pit or excavation are to a scale of one (1) inch equals 200 feet 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 100 feet of the adjacent land on all sides of the proposed excavation area.

5.

A rehabilitation 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 (1) inch equals 200 feet and with a five (5) foot contour interval satisfactory to the City Engineer, the following:

a.

The removal or planned contours of the land when the mineral removal operations are completed.

b.

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.

c.

Those areas of the site currently used for storage of topsoil and overburden.

d.

The depth of all water bodies, the slopes of all slopes after rehabilitation and a description of the type and quantity of plantings where re-vegetation is to be established.

e.

A hydrogeological study when restoration activities will or may involve the filling of any groundwater excavation. No groundwater excavation shall be filled, in whole or in part, without prior City approval. The hydrogeological study shall include the following:

i.

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

ii.

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

iii.

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).

iv.

Description of the impacts of the proposed fill activity on ground water flow regimes.

v.

Such other information as the City may from time to time require.

f.

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

g.

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.

D.

Bond. The applicant for a permit under this Part shall post a bond acceptable to the City in an amount based upon an assessment by the City Engineer for an amount per acre or portions thereof for active areas for which a permit is granted, executed by a corporate surety company authorized to do business in the State, conditioned upon full performance of the terms and conditions of this article by the applicant and/or the owner of the premises described in the application, such bond to remain in full force and effect for a minimum period of time of one year after expiration of the permit, which bond shall guarantee the required restoration as well as the other requirements of this Part. The surety bond shall be written with an insurance company having a minimum Best's Key Rating Guide of A-VII, or as approved by the City's Insurance Agent.

E.

Insurance Requirements. The applicant for a permit under this Ordinance furnish insurance policies or certificates of insurance acceptable to the City, and issued by an insurance company authorized to do business in the State for coverage and limits as set forth below:

1.

Comprehensive general liability policy on an occurrence basis and having minimum combined single limits as follows:

2.

The policy shall be for the full period of the permit, and such policy shall include, but not be limited to, explosion, collapse, and underground hazards, contractual, and independent contractor's coverage, and proof of insurance to the City shall state such coverage. The City shall be named as an additional insured for any work performed on City property or premises.

3.

Business auto policy covering owned (if any), non-owned, and hired autos with minimum combined single liability limits of $1,000,000.00 each accident.

4.

Workers' compensation and employers' liability as required by the state.

5.

Should any policies be canceled or not renewed for any cause before expiration date thereof, the issuing company shall mail 30 days' written notice to the City, except such notice shall be 10 days for non-payment of premium.

6.

If a policy is terminated for any reason, the permit shall be automatically suspended upon the day the policy terminates, unless a new policy or certificate of insurance complying with this Part is obtained and filed with the City prior to the termination of the policy in force.

7.

The insurance policies shall be written with an insurance company having a minimum Best's Key Rating Guide of A-VII, or as approved by the City's Insurance Agent.

F.

Annual Inspection. At least once a year, or more often if deemed necessary, the City shall inspect all extraction sites where an extraction license and conditional use permit have been issued pursuant to this Ordinance and report such findings to the City Council. The operator or owner of any extraction operation found in violation of the requirement of this Ordinance or its extraction license or conditional use permit shall remedy such violation within the time specified by written notice from the City.

G.

Permit Fees. The applicant or owners of the premises shall annually submit to the City written estimates of the total area of the mineral extraction operation (expressed in acres) to be actively mined during the forthcoming year and the total area for which a conditional use permit permitting mineral extraction operations has been granted (expressed in acres) which will not be actively mined in the forthcoming year. The applicant or owner shall pay a fee to the City based on the following:

1.

Annual Fee Required. An annual permit fee in an amount duly established by Resolution for each active or inactive gravel pit or excavation operated by the applicant shall be paid by each applicant for a permit and shall be paid at the time of making the application. If the permit is not granted, the fee shall be refunded to the applicant. The permit period shall run from March 1 to March 1 of the following year.

2.

Calculation of Annual Fee. The total annual permit fee shall equal the sum of an active pit fee plus an inactive pit fee, minus a restoration credit, all as calculated pursuant to the following formulas and subject to a minimum total annual permit fee as set forth by Resolution. Land areas for permit purposes shall be calculated by totaling acreage of parcels of land or portions thereof that have been geometrically divided by straight lines in order to facilitate area calculations.

a.

Active Pit Fee: (Acreage of land under active classification) X (fee per acre established by resolution)

b.

Inactive Pit Fee: (Acreage of land under inactive classification) X (fee per acre established by resolution)

c.

Restoration Area Credit: (Acreage of land which has been completely restored during the previous license year) X (credit per area established by resolution). The restoration credit shall cease once the land is in conformance with the approved restoration or rehabilitation plan.

3.

Refunds or Prorating. Once the permit is granted to the applicant by the City, the termination of activities at the pit or excavation or revocation of the permit shall not entitle the applicant to a refund or prorating of any of the license fee that has been paid for that current year.

4.

Furnishing of Maps. If the application is for a renewal of an existing permit, the applicant need not furnish the maps specified in this Section unless major modifications or changes are to be made in the approved restoration plan of the land when gravel removal operations are completed.

H.

Renewal of Permit. If the application is for renewal of an existing permit previously issued pursuant to this Ordinance, the operator shall bring the completed application and all necessary bonds, insurance and fees to the City and City Staff shall review the application and forward the information to the City Council.

I.

Authority to Impose Additional Requirements. The City, as a prerequisite to the granting of a permit under this Section or after such permit has been granted, may impose such further restrictions and requirements as may be reasonable and necessary under the particular circumstances of each application. Such restrictions and requirements may be in contract form with the applicant or any other person interested directly or indirectly in the issuance of such permit.

J.

Standards for Operation and Site. Every person to whom a permit is issued under this article shall comply with the following regulations and requirements:

1.

Limits of Excavation. No excavation or digging shall be made beyond the limits for which the particular permit is granted, and in no case shall any excavation or digging be made within 30 feet of any adjoining road right-of-way or structure as may be in the area without obtaining specific approval by the City.

2.

Guardrails and Berms along Roadways. Where excavations are made within 30 feet of a public roadway or right-of-way, the permittee shall erect either a suitable guardrail along the right-of-way or roadway or construct a dirt berm not less than 30 inches in height and six (6) feet in width at the base.

3.

Reduction of Dust, Noise, and Nuisance. All reasonable means shall be employed by the applicant to reduce dust, noise and nuisances.

4.

Maximum Slopes. During the entire period of operations, all excavations other than the working base shall be sloped on all sides at a maximum ratio of one (1) foot horizontal to one (1) foot vertical, unless a steeper slope shall be approved by the City Engineer. Where excavations are adjacent to a public roadway or other right-of-way, the excavation shall have a maximum four to one (4:1) slope. Slopes adjacent to or contiguous to bodies of water shall be sloped at a maximum of six to one (6:1).

5.

Appearance and Screening. Appearance and screening of the site shall comply with the following standards:

a.

Machinery shall be kept in good repair and painted regularly.

b.

Abandoned machinery and rubbish shall be removed from the site regularly.

c.

All structures that are not being used shall be removed from the site.

d.

All equipment and temporary structures shall be removed and dismantled not later than six (6) months after termination of mining operations or expiration of the permit.

e.

Where practical, stockpiles of overburden and materials shall be used to screen the mining site.

f.

Where practical, the perimeter of the mining site shall be planted or otherwise screened.

g.

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

6.

Operating Standards. Operating standards shall be as follows:

a.

Noise. The maximum noise level at the perimeter of the site shall be within the limits set by the state pollution control agency and the United States Environmental Protection Agency.

b.

Hours. All mining operations shall be conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday, except with approval from the City Council.

c.

Dust. Operators shall utilize all practical means to reduce the amount of dust caused by the operation. In no case shall the amount of dust or other particulate matter exceed the standards established by the State Pollution Control Agency.

d.

Water Pollution. Operators shall comply with all applicable state pollution control agency regulations and federal and Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated wash water, shall be deposited in any lake or natural drainage system, except that lakes or ponds wholly contained within the extraction site may be so utilized.

e.

Top soil preservation. All top soil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan.

7.

State and Federal Approvals; Control by City. The permittee shall notify the City of any approvals required by any State or Federal pollution control agencies for any of the permittee's operations and shall provide the City with copies of any such agencies permission that is granted with regard to the handling of materials involved in processing or recycling operations as referred to in this Section. The permittee shall, after notice and an opportunity to be heard by the City Council, change, alter, or modify immediately any excavation or operation deemed by the City to be unsanitary, dangerous, polluted, or contrary to the general health and welfare of the community, or contrary to any approval of any such pollution control agency.

8.

Securing of Abandoned Wells. All wells greater than six (6) inches in diameter placed in or upon the premises described in the application shall be secured and capped upon abandonment under the specific direction of the City Engineer or designated agent.

9.

Disposal of Waste Water. Applicants shall dispose of all waste water used on the site in a manner which will not adversely affect adjoining property and shall use stilling ponds or other methods satisfactory to the City for disposing of the suspended solids in the waste water.

10.

Access Roads. Applicants shall provide adequate access roads to and from the site which shall have proper sight distances for traffic safety at each point of access.

11.

Compliance with Road Limits. Applicants shall obey all State, County and municipal road limits in hauling to and from the site.

12.

Cessation of Operation. If operations cease, completely or substantially, on the site for a period of more than one year, or if substantially all gravel and sand deposits thereon have been removed and no further operations shall be conducted thereon, then the City may terminate the permit to operate the pit and declare the site a restoration area subject to all requirements of the site's restoration plan and bonding requirements.

13.

Operation by Person Other Than Applicant. The applicant shall not permit any other person to operate the pit, other than hauling to or from the pit, without first obtaining the written consent of the City and an appropriate acknowledgement of such others that they will be bound by an agreement in effect and covered by the bond.

14.

Stockpiles. Stockpiles of active operations shall be regulated as follows, subject to modification by the City when materials not listed are proposed for stockpiling:

a.

Materials. Stockpiles may consist of granular (aggregate) and non-granular soils; unprocessed aggregate-based construction debris materials, including, but not limited to, concrete, reinforced concrete, cement, concrete block products, and bituminous pavement; processed materials containing no individual pieces larger than three (3) inches, with more than 50 percent of the individual pieces no larger than two inches, produced from the recycling or crushing or aggregate-based construction debris materials; common borrow, topsoil and pulverized topsoil; and petroleum-contaminated soil being managed pursuant to state (MPCA) and County approval.

b.

Size. The size of stockpiles shall be limited based upon site conditions and as follows:

i.

Stockpiles consisting of overburden materials, non-granular inorganic soils, granular soils and sorted by products, and processed materials produced from the recycling or crushing of aggregate-based construction debris materials may be unlimited in size.

ii.

The total size of an operator's unprocessed aggregate-based construction debris material stockpiles on any December 31 shall not exceed four (4) times the highest annual volume of materials produced from the recycling or crushing of aggregate-based construction debris materials sold and/or used by the operator from City processing locations in the previous five calendar years.

iii.

The size of petroleum-contaminated soil stockpiles shall comply with any and all federal, state and City limitations, except that stockpiles consisting of petroleum-contaminated soils treated pursuant to state (MPCA) and County approval shall be limited to a maximum quantity of 50,000 cubic yards.

iv.

The size of stockpiles of common borrow materials and other soils unsuitable for restoration fill, and stockpiles of topsoil and pulverized topsoil in excess of 800 cubic yards per acre, shall require approval of the City. Approval shall be dependent upon factors such as, but not limited to; the material to be stockpiled, the reason for and location of the stockpile and the length of time the stockpile will remain.

c.

Location. The location of stockpiles shall comply with the following requirements:

i.

All aggregate-based construction debris material stockpiles shall be located in accordance with the permit application. The location of all other stockpiles shall be as stated in this Subsection, or as otherwise approved by the City.

ii.

Stockpiles of granular soils, sorted byproducts and processed aggregate-based construction debris material shall be located to screen the processing or recycling operations from other incompatible land uses, unless such location is not safe or not feasible because of specific stockpile area conditions. For purposes of this Section, incompatible uses shall include, but not be limited to, residential and park areas, non-mining and non-industrial uses, and uses not involving outdoor storage.

iii.

Stockpiles of petroleum-contaminated soils shall be located in accordance with any and all federal, state and county permit requirements.

iv.

Control of Nuisances, removal of residual wastes. Stockpiling must be done in a manner that minimizes dust and other windblown material, vermin population due to improper storage, and other nuisance conditions. All non-earth residual wastes shall be removed at least once a year.

v.

Bond. To ensure the proper operation and closure of stockpile areas, and to provide for corrective actions, the applicant for a permit required pursuant to this Section shall submit a bond on or before March 1 of each year, conditioned upon full performance of the terms and conditions of this article by the applicant and/or owner of the premises described in the application. The bond shall be executed by a corporate surety company authorized to do business in the state and shall remain in full force and effect for a minimum of one year after expiration of the permit. The amount of the bond shall be calculated by determining the number of cubic years of unprocessed aggregate-based construction debris materials stockpiled at the active gravel pit or excavation as of the previous December 31, subtracting an amount equal to two times the highest volume of annual sales or use of materials produced from the recycling or crushing of aggregate-based construction debris material in the City by the operator in the previous five calendar years, and multiplying the remaining number of cubic yards by $1.00. The bond shall be in addition to the restoration bond required pursuant to this Section.

d.

Removal. Stockpiles must be consumed or removed at such time that the permit required under this Section is no longer requested or issued, unless otherwise approved by the City in accordance with conditions associated with permits granted under this Section.

e.

Records. The operator shall maintain sufficient records so as to permit the City to monitor and administer this Section and shall make those records available to the City for inspection during regular business hours of the City.

K.

Rehabilitation and Restoration Standards. Site rehabilitation and restoration shall be a continuing operation occurring as quickly as possible after the mining operation has moved sufficiently into another part of the extraction site. Site rehabilitation and restoration shall comply with the following standards:

1.

Slopes. All banks and slopes shall be left in accordance with the rehabilitation plan submitted with the permit application. No rehabilitated slopes shall be steeper than four (4) feet horizontal to one (1) foot vertical, except that steeper slopes may be permitted in accordance with the rehabilitation plan when the slopes are planned for slope-related usages, such as ski and sliding hills.

2.

Cover and Planting. Slopes and graded and backfilled areas shall be surfaced with at least three inches of topsoil and planted with ground cover sufficient to hold the soil. Such ground cover shall be tended as necessary until it is self-sustained.

3.

Slopes to Water Bodies. No slope descending to a water body shall exceed one foot vertical to size feet horizontal, except that steeper slopes may be permitted in accordance with the rehabilitation plan when human or property safety is not endangered.

4.

Rehabilitation of Water Bodies. All water areas resulting from excavation shall be rehabilitated as follows:

a.

The bottom contour must be gradually sloping from the shoreline to the deepest portion at a maximum slope of six (6) feet horizontal to one (1) foot vertical for at least 30 feet unless fenced pursuant to plans previously approved by the City.

b.

The water depth in the deepest portions must not be less than five (5) feet measured from the low-water mark.

5.

Final Elevation. No part of the rehabilitated area which is planned for utilization for uses other than open space or agriculture shall be at an elevation lower than the minimum required for gravity connection to sewer and storm sewer.

6.

Enforcement. To ensure the restoration plan approved by the City is being followed, the City Engineer may make those field measurements deemed necessary by the City to ensure that the approved restoration plan is being followed and the permit holder hereby allows entity for that purpose.

7.

Duties Upon Cessation of Operation. Upon ceasing operation or leaving any particular excavation area in an excavation or pit site, applicants shall re-grade and restore the area as required in this Ordinance and in accordance with the approved restoration or rehabilitation plan previously agreed upon by the City and operator or owner of the pit or to such other usable condition which is agreed upon by the permittee and the City at the time of the required restoration.

8.

Active Gravel Pits. Restoration and rehabilitation are not mandatory in an active gravel pit area but may be concurrent with other operations is possible.

9.

Compliance with Rehabilitation Plan. Restoration and rehabilitation are mandatory and must take place according to the approved restoration and rehabilitation plan and schedule, and each day's violation shall be deemed a separate offense.

10.

Monitoring of Imported Soils. The City may require adherence to a soil monitoring program approved by the City with regard to soils imported for use in rehabilitation or restoration.

11.

Standards for Filling and Compaction. Prior to rehabilitation and/or restoration, the operator shall set forth to the City Engineer the location, area, and depth of the land before and after the anticipated activity. Such activity and the materials used shall be subject to the following:

a.

Prior to such activity, the operator shall submit an engineering analysis of the proposed fill and compaction method to the City Engineer. Side slopes of the excavation shall be graded to a minimum one to one (1:1) slope prior to placement of fill.

b.

Unless otherwise approved by the City, materials including, but not limited to, organic soils and debris (topsoil, peat muskeg, muck, stumps, roots, logs, brush, etc.) demolition debris (broken concrete or bituminous fragments, brick, lumber, metal, etc.) and any other solid or hazardous wastes shall not be used as fill in rehabilitation and restoration.

c.

Imported materials used as fill in rehabilitation and restoration shall consist of mineral soils which typically demonstrate a minimum soil bearing capacity of 1,500 psf and are suitable for building foundations.

d.

The top 10 feet of all fill areas shall be compacted by mechanical equipment as the fill is placed, unless otherwise approved by the City, to a minimum of 95 percent of maximum density for a particular soil as determined by the Standard Proctor method.

A.

Outside service areas shall be fenced and screened from view of the public right-of-way, neighboring residential uses, or any abutting residential district in compliance with Part 10-73-00 of this Ordinance.

B.

All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 10-71-04 of this Ordinance.

C.

The use does not take up parking space as required for conformity to Part 10-72-00 of this Ordinance.

D.

The sales area is hard surfaced to control dust.

A.

Except as herein provided or as specifically allowed within the specific zoning districts established by this Ordinance, all materials and equipment shall be stored within a building.

B.

Exceptions.

1.

Clothes line pole and wires.

2.

Play equipment.

3.

Recreational vehicles and equipment may be parked or stored outdoors as regulated by Section 10-68-19 of this Ordinance.

4.

Construction and landscaping material currently being used on the premises.

5.

Off-street parking of operable motor vehicles as specified in the respective zoning districts.

C.

In the I-1 district, the following standards shall apply:

1.

The storage area shall be surrounded by a solid fence, berms, or evergreen planting screen completely preventing a view from any other property or public right-of-way.

2.

The use shall be located at least 200 feet from any residential district.

3.

The storage area is surfaced with asphalt or concrete unless specifically approved by the City Council.

4.

Lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences.

5.

The storage area does not take up parking space or loading space as required for conformity to this Ordinance.

(Ord. 291, SS, 1-18-2022)

A.

Use shall comply with all necessary state and local licensing as well as all state and federal environmental regulations.

B.

Travelways through the storage yard shall be maintained to allow for fire and emergency access.

C.

A landscaped buffer area of at least 15 feet shall be provided along the frontage of the property in accordance with Part 10-73-00.

D.

All buildings shall include an automatic fire sprinkler system.

E.

All vehicle fluid draining shall be conducted within a building.

F.

Vertical stacking of vehicles shall not be permitted on the property where they are visible from the public right-of-way or adjacent properties.

G.

Hours of operation, including deliveries and hauling to and from the property, shall be between 7:00 a.m. and 7:00 p.m.

H.

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

I.

Any buildings, salvage yard, salvage parking areas, vehicle crusher, loading areas, and dumpsters as well as any outdoor storage areas or equipment shall be enclosed within a solid perimeter fence eight (8) feet in height. The fence shall be faced with aluminum or galvanized steel panels and coated with a non-reflective neutral earth tone color.

J.

Storage kept outside of a building shall not be located in the front yard.

A.

Architectural Design Requirements.

1.

No single building shall be greater than one hundred fifty (150) feet in length.

2.

No entrance doors to storage compartments shall front on any public street.

3.

No wall adjacent to or visible from a public street or abutting property shall exceed one hundred (100) feet in length without visual relief by means of a vertical reveal at least one foot in depth and ten feet in width, a perceptible change in wall angle or a corner.

4.

Facility shall consist of a permanent structure(s) only; temporary/mobile storage units, such as storage pods and shipping containers, are prohibited.

B.

Site and setback requirements.

1.

At least twenty-five (25) percent of the site shall be open green space and landscaped in accordance with a plan approved by the City Council.

2.

Open space storage is prohibited.

3.

Landscaping in accordance with Part 10-73-00 shall be provided continuously along all public street frontages, except for authorized access points. Landscaping shall be provided along all property lines abutting developed property, except where exempted for good cause by the issuing authority. A landscape plan shall be submitted for approval by the issuing authority.

C.

Life safety requirements.

1.

A security fence or wall shall be provided around the facility as approved by the issuing authority.

2.

No electrical service shall be provided for tenants.

3.

Exterior lighting is required. Dark sky lighting is recommended.

4.

The overall height of light fixtures installed to illuminate parking lots and exterior grounds shall not exceed the height of any principal structure.

5.

Fire hydrants shall be provided within the site at locations required by the Fire Department. Fire hydrants shall be separated by distances of not more than two hundred (200) feet.

6.

A lease agreement between the operator and each lessee shall state: no flammable, caustic, explosive, poisonous, radioactive or otherwise dangerous materials shall be stored in any self-storage facility.

D.

Driveways and circulation.

1.

No building shall be located closer than twenty-five (25) feet to each other to allow for parking, loading, and driveway and fire lanes.

2.

All driveways and parking areas shall have a paved surface with bituminous, concrete pavement, concrete pavers or other similar materials and allow for adequate turning radius for fire truck maneuverability and to be maintained throughout the site.

3.

Designated snow storage space is to be provided to ensure adequate and safe access during winter months.

4.

All driveways and circulation lanes which do not directly abut a building shall be defined by poured-in-place concrete curbs.

E.

Operational requirements.

1.

Individual storage units shall be used for dead storage only. Storage units shall not be used for retail, commercial, human habitation, office, workshop, studio, hobby or rehearsal area, manufacturing or processing of goods, or repair/service of autos or equipment. Auctions, garage or estate sales are prohibited.

2.

Self-storage facilities adjacent to residential properties shall not operate or allow tenant access between the hours of 10:00 p.m. and 7:00 a.m.

3.

All owners and managers shall be responsible for maintaining the operation of the facility in conformance with ordinance requirements and conditions of approval of the City Council.

4.

Any on-site manager of the facility shall maintain a copy of the site plan of the facility which has been approved by the issuing authority, a copy of all conditions of approval attached by the City Council, and a copy of all applicable city regulations.

5.

The lessor or agent of the lessor shall obtain a signed lease agreement from the lessee that shall be kept in the on-site office of the facility and shall be available for inspection by the Police Department.

6.

Each lease agreement shall include all appropriate restrictions established by ordinance and/or condition of approval established by the City Council. Each lessee shall be required to sign each lease agreement indicating understanding and acceptance of all restrictions.

F.

Exceptions to zoning district requirements.

1.

The total floor area of all separate self-storage structures on the site may be combined to meet the minimum building floor area requirements of the district in which the use is proposed.

2.

When allowed as part of a planned unit development self-storage facilities (including all buildings, driveways, resident manager's quarters, screening walls, and all other associated features) shall not:

a.

Be located within five hundred (500) feet of a roadway designated as a principal arterial, intermediate arterial or minor arterial street; and

b.

Include more than one-half of the land area of the total planned development except when located in the interior of an industrial area.

3.

Setbacks.

a.

Side yard setbacks of not less than one-half (½) of the normal district requirements may be requested provided that no entrance doors to storage compartments or storage compartment areas are exposed to that yard, subject to the approval of final site plans and building plans.

b.

Rear yard setbacks of not less than 10 feet may be requested provided that no entrance doors to storage compartments or storage compartment areas are exposed to that yard, subject to the approval of final site plans and building plans.

c.

When side and rear yards are adjacent to public streets, setbacks of not less one-half (½) of the normal district requirements may be requested subject to the approval of the City Council.

d.

When reviewing plans which show reduced side and/or rear yard setbacks from the interior lot lines or abutting streets, the Planning and Zoning Commission and City Council shall consider the impact of such reduced setbacks on visibility and aesthetics on adjacent existing uses. Where the Council finds that the impact of the proposed self-storage facility on adjacent properties will not be adverse, the Council may allow reduced setbacks.

A.

The use, including outdoor parking areas, shall be screened from all adjacent residentially-zoned property, including any properties directly across the street from the facility.

B.

All outdoor storage shall be prohibited.

C.

All machinery and equipment shall be operable.

A.

A drainage system subject to the approval of the City Engineer shall be installed.

B.

The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 10-71-04 of this Ordinance.

C.

At the boundaries of a residential district, a vegetated buffer of not less than 25 feet shall be landscaped and screened in compliance with Part 10-73-00 of this Ordinance.

D.

Each light standard base shall be landscaped.

E.

Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Part 10-72-00 of this Ordinance and shall be subject to the approval of the City Engineer.

F.

All signage and informational or visual communication devices shall be minimized and shall be in compliance with the applicable provisions of Part 10-91-00 of this Ordinance.

G.

Provisions are made to control and minimize noise, air and water pollution.

H.

No outside storage except as allowed in compliance with this Section.

I.

All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions.

J.

The use of dynamite and/or other high powered explosives shall be permitted only in the I-3, Isolated Industrial District and only subject to all State and Federal regulations pertaining thereto.

A.

Adult establishments shall be located at least 500 feet from any residential zoning district boundary site used for residential purposes and 1,000 feet from any place of worship, school, or youth facility. In addition, no adult entertainment use may be located within 1,000 feet of another adult entertainment use. For purposes of this Ordinance this distance shall be a horizontal measurement from the nearest existing residential district boundary or site used for residential purposes, place of worship, school, or youth facility site, or another adult establishment site to the nearest point of the structure housing the proposed adult establishment.

B.

Adult establishments shall be limited to 8:00 a.m. to 12:00 p.m. for its hours of operation. A differing time schedule may be approved by the City Council, if it can be satisfactorily demonstrated by the operator to the City that extended operational hours:

1.

Will not adversely impact or affect uses or activities within one thousand (1,000) feet.

2.

Will not result in increased policing and related service calls.

3.

Are critical to the operation of the business.

C.

An adult establishment shall prevent off-site viewing of its merchandise, which if viewed by a minor, would be in violation of Minnesota Statutes, Ch. 617 or other applicable Federal or State Statutes or local Ordinances.

D.

All entrances to the business, with the exception of emergency, fire exits which are not usable by patrons to enter the business, shall be visible from a public right-of-way.

E.

The layout of the display area shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing, including, but not limited to: books, magazines, photographs, video tapes, or any other material.

F.

Illumination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior premises.

G.

All establishments, including any business operating at the time of this Ordinance becomes effective, operating or intending to operate an adult establishment, shall apply for and obtain a license with the City of St. Francis.

A.

The principal use, function or activity is open and outdoor in character.

B.

The use will not negatively impact abutting or neighboring existing or potential residential uses.

C.

Screening from abutting residential districts shall be provided following the standards listed in Part 10-73-00 of this Ordinance.

D.

The traffic generated by the use can be adequately accommodated (both volume and weight) upon the streets serving the property upon which the use is located.

E.

Noise levels shall comply with Minnesota Rules, Pt. 7030.0010 to Pt. 7030.0080.

F.

Gun club use shall be maintained in good condition.

G.

Shooting ranges shall be oriented so that shooting is directed away from residential development when practical.

H.

The number and size of accessory structures associated with a gun club use may exceed the standards found in Section 10-68-04 Accessory Structure with an approved Conditional Use Permit.

(Ord. 323, SS, § 1, 10-16-2023)

A.

Side yards shall be double that required for the zoning district.

B.

This use shall be located on a collector or arterial street as listed in the Comprehensive Plan, and access shall be located so that access can be provided without generating significant traffic on local, residential streets.

C.

An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

A.

All feedlots shall adhere to Minnesota Rules, Ch. 7020 as may be amended.

B.

All facilities and structures included in this use shall be located at least 500 feet from all property lines, including the road right-of-way. The first 100 feet adjacent to the road right-of-way and any residential dwelling shall be vegetation.

A.

The provisions of Section 8-3, Animals of the City Code are considered and determined to be satisfied.

B.

No more than 10 horses shall be boarded on the site at any time.

C.

The use accesses an arterial or collector road, as shown within the Comprehensive Plan.

D.

All animal waste shall be disposed of in conformance with local, state, and federal laws.

A.

The use shall be screened from all abutting residential districts in accordance with Part 10-73-00. All structures shall be set back at least 100 feet from any residential property line.

B.

On-site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.

C.

Loading areas shall be fully screened from adjacent residential districts.

D.

Hours for retail sail of product to customers shall be limited to 7:00 a.m. to 10:00 p.m. unless extended by the City Council.

A.

General agricultural uses existing on the effective date of this ordinance are exempt from the standards listed in this Section.

B.

New agricultural uses shall be designed to mitigate the impact of the use on surrounding properties. Conditions of approval of an interim use permit may include but are not limited to the following:

1.

Regulations pertaining to screening and buffering of agricultural uses from adjacent, existing land uses.

2.

Establishment of a manure management plan.

3.

Regulations for the storage of agriculture equipment.

4.

Timeline for the cessation of the interim use.

(Ord. 306, SS, § 2, 2-21-2023)

All transmission pipelines (i.e., pipelines not required for local distributing network), and overhead transmission and substation lines in excess of 35kV and up to 100kV shall be a conditional use in all districts subject to the procedural requirements and standards stipulated in this Section and Part 10-33-00 of this Ordinance.

A.

The parking facility shall be publicly-owned and available for use by the general public. A privately-owned and operated parking facility may be allowed as a principal use in the B-1 district with approval of an interim use permit.

B.

The use shall be screened from all adjacent residentially-zoned property, including any properties directly across the street from the facility.

(Ord. 316, SS, § 1, 6-20-2023)

A.

All personal wireless service antennas shall meet the general standards listed in Section 10-67-05.

B.

Agricultural and Residential District Standards:

1.

Antennas Located Upon a Public or Quasi-Public Structure or Existing Tower: Personal wireless service antennas located upon public structures or existing towers shall comply with the following standards:

a.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a qualified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate wireless coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

b.

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

c.

A building permit is issued meeting the following standards:

i.

Antennas mounted on public structures shall not extend more than 15 feet above the structural height of the structure to which they are attached.

ii.

Roof-mounted antennas shall not extend more than 10 feet above the roof, and shall be set back at least the height of the antenna structure from the roof edge.

iii.

Wall or facade-mounted antennas may not exceed more than five (5) feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building.

iv.

Antennas may be mounted to quasi-public structures that are allowed to exceed the maximum height requirements of the base district pursuant to Section 10-41-05 of this Ordinance. The location of antennas on such structures may not exceed the height of the structure and shall be architecturally compatible in form and color.

2.

Antennas Not Located Upon a Public Structure or Existing Tower: Personal wireless service antenna not located upon a public or quasi-public structure or existing tower shall require the processing of a conditional use permit and shall comply with the following standards:

a.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a qualified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the wireless system and to provide adequate portable coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

b.

If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground-mounted pole provided that:

i.

The pole does not exceed 75 feet in height, except as may be allowed by approval of an interim use permit.

ii.

The setback of the pole from the nearest residential property line is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

c.

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

d.

At the discretion of the City, a security fence not greater than eight (8) feet in height with a maximum opacity of 50 percent shall be provided around the support structure.

e.

The interim use permit provisions of Part 10-34-00 of this Ordinance are considered and determined to be satisfied.

C.

Commercial District Standards:

1.

Antennas Located Upon An Existing Structure Or Tower: Personal wireless service antennas located upon an existing structure or collocated on an existing structure shall comply with the following standards:

a.

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

b.

Antennas mounted on public structures shall not extend more than 15 feet above the structural height of the structure to which they are attached.

c.

Roof-mounted antennas shall not extend more than 10 feet above the roof, and shall be setback at least the height of the antenna structure from the roof edge.

d.

Wall or facade-mounted antennas may not exceed more than five (5) feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building.

e.

Antennas may be mounted to quasi-public structures that are allowed to exceed the maximum height requirements of the base district pursuant to Section 10-41-05 of this Ordinance. The location of antennas on such structures may not exceed the height of the structure and shall be architecturally compatible in form and color.

2.

Antennas Not Located Upon an Existing Structure or Existing Tower: Personal wireless antennas not located upon an existing structure shall require the processing of a conditional use permit and shall comply with the following standards:

a.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a qualified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

b.

If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a monopole tower provided that:

i.

The pole does not exceed 75 feet in height, except as may be allowed by approval of an interim use permit.

ii.

The setback of the pole from the nearest residential property line is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

c.

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

d.

At the discretion of the Zoning Administrator, a security fence not greater than eight (8) feet in height with a maximum opacity of 50 percent shall be provided around the support structure.

e.

The conditional use permit provisions of Part 10-33-00 of this Ordinance are considered and determined to be satisfied.

D.

Industrial District Standards:

1.

Antennas Located Upon an Existing Structure or Existing Tower: Personal wireless service antennas located upon an existing structure or collocated on an existing tower shall comply with the following standards:

a.

Antennas mounted on public structures shall not extend more than 15 feet above the structural height of the structure to which they are attached.

b.

Roof-mounted antennas shall not extend more than 10 feet above the roof, and shall be set back at least the height of the antenna structure from the roof edge.

c.

Wall or facade-mounted antennas may not exceed more than five (5) feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building.

d.

Antennas may be mounted to quasi-public structures that are allowed to exceed the maximum height requirements of the base district pursuant to Section 10-41-05 of this Ordinance. The location of antennas on such structures may not exceed the height of the structure and shall be architecturally compatible in form and color.

2.

Antennas Not Located Upon an Existing Structure or Existing Tower: If there is no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a monopole tower not exceeding 150 feet in height. The tower shall be located on a parcel having a setback equal to the height of the tower measured between the base of the pole or tower located nearest the property line and said property line, unless a qualified engineer specifies in writing that the collapse of the pole or tower will occur within a lesser distance under all foreseeable circumstances.

E.

Temporary mobile towers. Personal wireless service antennas in all commercial, industrial and public/institutional districts, located upon a temporary mobile tower used on an interim basis, shall require the processing of an administrative permit and shall comply with the following standards:

1.

Temporary mobile towers are exempt from permanent tower structure design and collocation standards contained in Section 10-67-05 of this Ordinance.

2.

The termination date of the permit shall not exceed 120 days. Temporary mobile towers located on a site longer than 120 days shall require the processing of an interim use permit as provided in Part 10-34-00 of this Ordinance.

3.

Guyed towers are prohibited.

4.

Mobile units shall have a minimum tower design wind load of 80 miles per hour, or be setback from all structures a distance equal to the height of the tower.

5.

All towers shall be protected against unauthorized climbing.

6.

The height of the tower shall not exceed 90 feet, except as may be allowed by approval of an interim use permit.

7.

Temporary towers shall be prohibited in residential zoning districts.

F.

Commercial and public radio and television transmitting antennas, public safety communication antennas, and public utility microwave antennas. Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards:

1.

Such antennas shall be considered an allowed interim use within the industrial districts and shall be subject to the regulations and requirements of Part 10-34-00 of this Ordinance.

2.

The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a setback equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances.

3.

Unless the antenna is mounted on an existing structure, at the discretion of the City, a fence not greater than eight (8) feet in height with a maximum opacity of 50 percent shall be provided around the support structure and other equipment.

4.

Towers in excess of 150 feet may be of a lattice design.

A.

The City of St. Francis shall refer any application for a large electric power generating plant (LEPGP) to the Minnesota Public Utilities Commission (MN PUC) for approval.

B.

The following standards shall apply to all solar energy systems:

1.

Compliance with Building Code: All SESs shall require a building permit, shall be subject to approval of the City Zoning Administrator and Building Official, and shall be consistent with the State of Minnesota Building Code.

2.

Compliance with State Electric Code: All photovoltaic systems shall comply with the Minnesota State Electrical Code.

3.

Compliance with State Plumbing Code: Solar thermal systems shall comply with applicable Minnesota State Plumbing Code requirements.

4.

Compliance with MN Energy Code: All SESs shall comply with HVAC-related requirements of the Energy Code.

5.

Utility Notification: No grid-intertied photovoltaic system shall be installed until the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

6.

Permitting Deadlines: Solar Energy Systems must complete work outlined within the Building Permit within six (6) months of the date the Building Permit was issued. All requests for an extension to this deadline must be made prior to the deadline, and must be made in writing to the City Building Official. The City Building Official shall issue an extension within seven (7) days of receiving the request if the party making the request provides good cause, which shall be broadly interpreted, for the request.

7.

Installation: Installation of a solar system shall not constitute a right to sunlight from any adjoining property, nor does the city assure access to sunlight.

8.

Security and Equipment buildings: Security and equipment building(s) on the site of solar farms shall be permitted uses accessory to the solar farm.

9.

Landscaping: Buffer screening from routine view of the public right-of-way and immediate adjacent residences shall be required in an attempt to minimize the visual impact of above grade site improvements and any extensive or imposing perimeter securing fencing that is proposed. Low lying screening, shrubbery or other native vegetation shall be required around site perimeter security fencing.

10.

Controlled Access: The owner or operator shall contain all unenclosed electrical conducts located above ground within a structure (or structures) with controlled access.

11.

All CSESs and Solar Farms—Power and communication lines: All on-site power and communication lines running between banks of solar panels and buildings shall be buried underground on premise. The Zoning Administrator may grant exemptions to this requirement in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines.

12.

All CSES and Solar Farm—Decommissioning Plan: A decommissioning plan with cost estimates shall be required to ensure that CSESs and Solar Farms are properly removed after their useful life. Decommissioning must occur within 180 days of abandonment. Five (5) years after commencement of the use, the owner or operator shall post a bond, letter of credit, or establish an escrow account. This security shall be in an amount equal to the estimated decommissioning cost.

13.

Easements: Solar energy systems shall not encroach on public drainage, utility, roadway, or trail easements.

14.

Glare: No solar energy equipment or solar electric systems shall create or cause unreasonable glare on other property or public roadways. Unreasonable glare shall mean a public safety hazard as determined by the City Council or the appropriate roadway authority.

C.

Community Solar Energy Systems (Solar Gardens/CSES). Roof or ground mounted CSESs designed to supply energy for off-site users on the distribution grid (but not for export to the wholesale market or connection to the electric transmission grid) shall meet the following requirements:

1.

CSESs shall be located on a contiguous or aggregate site area footprint of at least five (5) acres in size (whether commonly owner/controlled or not-so owned or operated). The site area footprint size shall be computed by a determination of the Zoning Administrator.

2.

CSESs are prohibited within the Floodplain districts.

3.

All CSES components must meet the setback, height and impervious surface limitations for the district in which the systems is located.

4.

CSESs shall require a building permit and are subject to the accessory use standards for the district in which they are located.

D.

Solar Farms. Ground-mounted solar energy arrays which are the principal use on the property, that are designed for providing energy to off-site users or export to the wholesale market, shall be a permitted with standards use in Agricultural districts except as otherwise regulated or prohibited in this section. Solar farms shall be subject to the following:

1.

Solar farms which have a generating capacity of 50 megawatts or more of power shall fall under the jurisdiction of the Minnesota Public Utilities Commission.

2.

Solar Farm Energy Systems generating less than 50 megawatts shall require a Conditional Use Permit.

3.

Solar farms shall be located on a contiguous or aggregate site area footprint of at least 5 acres in size (whether commonly owner/controlled or not-so owned or operated). The site area footprint size shall be computed by a determination of the Zoning Administrator.

4.

Prohibitions: the City prohibits community solar farms within Floodplain districts.

5.

All Solar Farm components must meet the setback, height and impervious surface limitations for the district in which the system is located.

E.

In addition to the criteria listed in Part 10-33-00, the City Council shall not approve any conditional use permit for solar energy systems unless they find all the following conditions have been met:

1.

CUPs runs with the land: A CUP may be terminated if the owner/operator violates the terms of the CUP; provided however that the Zoning Administrator send a written notice of violation to the owner/operator giving thirty (30) days to remedy the violation. In the event the event the owner/operator fails to remedy the violation, the Zoning Administrator may send written notice of CUP termination to the owner/operator.

F.

Conditional Use Permit Submittal Requirements. A CUP application for Solar Energy System shall be accompanied by horizontal and vertical elevation drawings, drawn to scale. The drawings shall show the location of the system components on the property as well as other elements including, but not limited to, the following:

1.

Existing features.

2.

Proposed features.

3.

Property boundaries.

4.

Property zoning designation(s) including district property line and roadway setbacks.

5.

Solar arrays, connecting lines and all affiliated installations and structures.

6.

Access points, drive aisles, security features and fencing.

7.

Topography & surface water drainage patterns and treatment systems.

8.

Wetlands, woodlands, grasslands and prairielands.

9.

Existing and proposed/preserved/protected wildlife corridors (wetland/woodland/topography connectivity).

10.

Landscape plan, including required screening of site perimeter securing fencing.

11.

Floodplains.

12.

Soils.

13.

Historical features.

14.

Archeological features.

15.

Wildlife and ecological habitat.

16.

Environmental mitigation measures.

17.

Description of project staging (if applicable).

A.

General standards. The following standards shall apply to all cellular telephone, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antennas:

1.

All obsolete and unused antennas shall be removed by the property owner within 12 months of cessation of operation at the site.

2.

All antennas shall be in compliance with all City building and electrical code requirements and as applicable shall require related permits.

3.

Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications, and as may be necessary as determined by the Zoning Administrator and Building Official, shall be verified and approved by a structural engineer.

4.

When applicable, written authorization for antenna erection shall be provided by the property owner.

5.

No advertising message shall be affixed to the antenna structure or tower.

6.

The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by an engineer or other qualified professional.

7.

Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety.

8.

When applicable, proposals to erect new antennas shall be accompanied by any required Federal, State, or local agency licenses or permits.

9.

If a new tower is to be constructed, it shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional use, including, but not limited to, other cellular communication companies, local police, fire and ambulance companies. Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

10.

Towers under 200 feet in height shall be painted a non-contrasting color consistent with the surrounding area such as: blue, gray, brown, or silver, or have a galvanized or oxidized finish to reduce visual impact.

11.

Documentation or studies utilized to determine the necessary location and height of the antenna shall be provided.

12.

In addition to the information required elsewhere in this Ordinance, development applications for towers, excluding amateur radio towers, shall include the following supplemental information:

a.

A letter of intent committing the tower owner and their successors to allow the shared use of the tower if an additional use agrees in writing to meet reasonable terms and conditions for shared use.

b.

A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities when they are abandoned, unused or become hazardous shall be submitted to the City.

B.

Tower design. General wireless communication towers shall be of a monopole design unless the City Council determines that an alternative design requested by the applicant would better blend into the surrounding environment. This provision does not apply to amateur radio towers or commercial and public radio or television towers.

C.

Co-location requirement. Except for amateur radio towers, a proposal for a new tower shall not be approved unless the City finds that the antennas cannot be accommodated on an existing or approved tower, building, or structure within one (1) mile search radius, (one-half (½) mile search radius for towers under 100 feet in height) of the proposed tower due to one (1) or more of the following reasons:

1.

The planned equipment would exceed the structural capacity of the existing or approved tower, building, or structure as documented by a structural engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

2.

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified engineer and interference cannot be prevented at a reasonable cost.

3.

Existing or approved towers, buildings, or structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified engineer.

4.

Other unforeseen reasons that make it unfeasible to locate the antennas upon an existing or approved tower or structure.

5.

Existing or approved towers, buildings, or other structures do not exist in the service area, or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs of the users.

6.

The applicant shall demonstrate in writing that a good faith effort to collocate on existing towers or structures was made, but an agreement could not be reached.

D.

Setbacks.

1.

All towers shall comply with each of the following minimum setback requirements:

2.

Towers shall meet the principal structure setbacks of the base zoning district with the exception of industrial zoning districts, where the tower may encroach into the rear setback area, provided that the rear property line abuts another industrial use and zoning district and the tower does not encroach upon any easements.

3.

Setback requirements for all personal wireless service or commercial and public radio and television transmitting antennas, public safety communication antennas, and public utility towers, may be reduced or its location in relation to a public street modified at the discretion of the City Council, to allow the integration of the structure into an existing or proposed structure, such as a light standard, power line support device, or similar structure.

A.

The use shall have access onto a collector or arterial roadway, as shown in the Comprehensive Plan.

B.

The use, including outdoor parking areas, shall be screened from all adjacent residentially-zoned property, including any properties directly across the street from the facility.

C.

All outdoor storage shall be prohibited.

D.

All repair and service work shall be completed within an enclosed building.

E.

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

A.

Per Minn. Stat. 326B.103 subd. 3, agricultural accessory buildings are exempt from the State Building Code.

B.

Accessory agricultural buildings are exempt from the standards in Section 10-68-02 Accessory structure.

C.

In conjunction with the construction of an agricultural accessory building, the property owner shall execute an agricultural building awareness form. Said form shall certify that the accessory building and the premises shall only be used for agricultural purposes.

D.

A site plan must be submitted and approved from the City prior to commencing construction on any accessory building which qualifies as an agricultural building.

E.

Accessory agricultural buildings shall not be erected within 50 feet of a neighboring property.

(Ord. 291, SS, 1-18-2022)

A.

Existing agricultural uses are exempt from the standards listed in this Section.

B.

New agricultural uses shall be designed to mitigate the impact of the use on surrounding properties.

C.

Retail sales on the property shall follow the standards of City Code Section 10-68-09 Home Extended Business as they relate to sales, traffic, visitors to the property, and signage.

D.

A buffer shall be provided between the agriculture use and surrounding residential properties to reduce the visual, auditory, and olfactory impacts of the use.

E.

Equipment used in conjunction with the agricultural use shall be stored indoors or on an approved parking surface.

(Ord. 306, SS, § 4, 2-21-2023)

A.

All ADU operators shall apply for and maintain a rental license with the City.

B.

The owner(s) of the property on which the accessory dwelling unit is created must continue to occupy at least one (1) of the dwelling units as their primary residence, except for a bona fide temporary absence.

C.

All ADUs shall meet the minimum building code standards for an efficiency unit.

D.

The size of an ADU shall be no larger than 35 percent of the finished floor area of the principal structure.

E.

The square footage of an ADU located within a detached accessory structure shall count toward the total allowable square footage for detached accessory structures specified in Section 10-68-03.

F.

No more than four (4) persons shall occupy an ADU at one time.

G.

No more than one (1) ADU shall be placed on a property.

H.

Off-street parking spaces shall be provided for use by the owner-occupant(s) and tenant(s). Two (2) off-street parking spaces shall be required for the principal dwelling, and an additional two (2) off-street spaces shall be provided for the ADU.

I.

In areas with public utilities, the ADU's water/sewer connection shall be connected to the existing home.

J.

In rural areas, the septic must be sized to meet total bedroom count (principal structure plus ADU).

K.

A deed restriction shall be created and recorded with Anoka County restricting the independent sale of an ADU and requiring adherence to size limitations and other requirements found in this Ordinance.

L.

Short-term rental of ADUs is permitted following the standards listed in Section 10-68-21G.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, §§ 3, 5, 2-21-2023)

A.

Application. Any accessory structure which requires a building permit or which is 30 inches or more in height shall be subject to setback, floor area and other requirements of this Section.

B.

Time of construction. No detached accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

C.

Building permits.

1.

Detached accessory buildings not exceeding 200 square feet in floor area shall be allowed without issuance of a building permit, but shall obtain a zoning permit and comply with all other provisions of this Ordinance.

2.

Detached accessory buildings 200 square feet or greater in floor area shall require a building permit. The Building Official shall review the site plan and construction drawings to determine compliance with the Building Code and other applicable ordinances, laws, and regulations.

3.

In conjunction with the issuance of a building permit for a detached accessory structure in the Rural Service Area, the property owner shall execute a home occupation awareness form. Said form shall certify that the detached accessory structure and the premises on which it is located, will not be used for the purposes of a Home Occupation without first obtaining the required approvals.

D.

Schools in any district shall follow the standards listed in this Section for accessory structures, except for the following:

1.

Exterior building standards in provision E below; and

2.

Area, number, and height limitations listed in provision F.1 and 2 below.

E.

Exterior building standards. Architectural details of accessory buildings are to be the same or similar to the principal building based upon (but not limited to) the following criteria:

1.

Scale and detailing.

2.

Roof pitch orientation and slope.

3.

Overhang depth and details.

4.

Window and exterior door proportion and types.

5.

Building material. Detached accessory structures in the Rural Service Area may, however, be finished with baked enamel siding.

6.

Exterior color.

F.

Area, number and height limitations. Accessory structures shall comply with the following area, number and height limitations:

1.

Rural Service Area.

a.

Attached accessory structures shall not exceed 840 square feet in size, except that the maximum square footage can be increased, provided that the accessory structure size does not exceed 80 percent of the above-ground square footage of the principal structure.

b.

All new and relocated residential homes shall be constructed with an accessory structure or garage meeting the minimum standards required in Section 10-72-09 Parking Supply Requirements. Said accessory structure shall have a minimum floor area of at least 440 square feet.

c.

Detached accessory structures shall be limited as follows:

2.

Urban Service Area.

a.

Attached and detached private residential garages shall not exceed 840 square feet in size, except that the minimum square footage can be increased to 1,200 square feet, provided that the accessory structure does not exceed 80 percent of the above-ground square footage of the principal structure.

b.

All new and relocated residential homes shall be constructed with an accessory structure or garage meeting the minimum standards required in Section 10-72-09 Parking Supply Requirements. For one- and two-unit dwelling units, said accessory structure shall have a minimum floor area of at least 440 square feet.

c.

Residential properties within the Urban Service Area may have one (1) detached accessory structure in addition to a private residential garage. The structure shall not to exceed 250 square feet in size. On properties that have no less than one half (½) acre of buildable land, the detached accessory structure, may be up to 500 square feet in size. This second detached accessory building shall not exceed 16 feet in height.

d.

Residential properties with detached accessory structures that subsequently construct an attached accessory structure, shall deduct the square footage of the detached structure from the allowable square footage.

e.

No accessory buildings shall be allowed on non-residential property in the urban service area.

f.

Unless otherwise permitted, all detached accessory buildings shall not exceed 20 feet in height or the height of the principal structure, whichever is less.

3.

General Standards and Conditions, All Districts.

a.

PUD Districts in rural areas: Total accessory structure square footage shall not exceed 1,200 square feet per lot or as otherwise identified in the Development Agreement.

b.

Temporary, hoop, carport, tarpaulin or similar types of non-permanent structures are not permitted.

c.

Semi-trailers, truck boxes, rail boxes, box cars, and similar are prohibited.

d.

Moving storage containers, Portable on demand storage (PODS) units or similar type units may be allowed with city approval for up to 30 days within an 18-month period.

e.

No structures shall be located within a drainage, utility or any other publicly owned easement.

G.

Setbacks.

1.

Attached Buildings/Garages. An attached garage or accessory structure shall be considered an integral part of the principal building and shall conform to district setback requirements.

2.

Detached Buildings:

a.

Any detached accessory building shall be set back at least 10 feet from any principal structure or other detached accessory buildings on the same parcel.

b.

Rural Service Area:

i.

Lots Less Than One (1) Acre. Twenty-five (25) feet from the side and rear property lines.

ii.

Lots One (1) Acre and Larger. Twenty-five (25) feet from the side and rear property lines.

iii.

All detached accessory structures in the Rural Service Area shall be placed no closer to the front property line than the principal structure, except when the principal structure has a front yard setback of at least 150 feet. In that case, the detached accessory structure may be located closer to the front property line than the principal structure, but shall maintain at least a 75 foot front yard setback off a City street and a 100 foot front yard setback off of a County or State road.

c.

Urban Service Area:

i.

All Lots. No accessory building shall be located in front of the principal structure. Accessory buildings must maintain setbacks of five (5) feet from the side property line and 10 feet from the rear property line.

ii.

Street Side Yard. Detached accessory structures shall be located no closer than 20 feet from a street side yard on corner lots, provided the structure does not have access to the public right-of-way on the side yard.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, §§ 3, 6, 2-21-2023; Ord. No. 342, SS, § 3, 1-6-2025; Ord. No. 347, § 1, 7-21-2025)

A.

The following standards shall apply to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes, TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers.

1.

All accessory antennas uses shall comply with the general standards listed in Section 10-67-05.

2.

Single satellite TVROs accessory to a residential use shall not exceed one (1) meter in diameter except as provided for by Section 10-67-03 of this Ordinance.

3.

Accessory and secondary use antennas used for federally licensed amateur radio stations or for the amateur radio service shall be regulated by Section 10-67-03 of this Ordinance.

4.

Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, or buffer yard, and shall be set back a minimum of 10 feet from all lot lines.

5.

Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of five (5) feet from all lot lines.

6.

Accessory or secondary use antennas and necessary support structures or towers, whether freestanding or mounted on another structure, may extend a maximum of 15 feet above the normal height restriction for the affected zoning district.

7.

The installation of more than one (1) support structure per property shall require the approval of an interim use permit.

B.

Amateur radio service. The following standards shall apply to all accessory use antennas and towers used in the amateur radio service:

1.

Exempt Provisions. Antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service shall be exempt from the requirement of Subsections 10-67-05.A.6, 10-67-05.A.9, and 10-67-05.11 of this Ordinance. All other provisions of Subsection 10-67-05.A of this Ordinance shall apply.

2.

Installation Requirements. Antennas and towers used in the amateur radio service shall be installed in accordance with the instructions furnished by the manufacture of the antenna or tower. Because of the experimental nature of the amateur radio service, antennas mounted on such towers may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications.

3.

Location:

a.

Amateur radio service antennas and towers shall not be erected in any required yard (except a rear yard) or within a public or private utility and drainage easement, and shall be set back a minimum of 10 feet from all lot lines.

b.

Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements or required buffer yard, and shall be set back a minimum of five (5) feet from all lot lines.

4.

Tower Design:

a.

Height:

i.

Except as provided for in Item ii below, antennas and towers used in the amateur radio service may extend a maximum of two (2) times the maximum height restriction for the specific zoning district when in use. When not in use, such equipment shall be restricted to a height not greater than the height of the principal structure or 35 feet, whichever is higher.

ii.

Vertical pole antennas not exceeding three (3) inches in diameter that are utilized in the amateur radio service may extend to a maximum height of 45 feet.

b.

Fail Points. Amateur radio towers shall have fail points so as to assure that the structure will collapse on the subject site and not extend to and jeopardize life or adjacent property.

C.

Satellite dishes.

1.

Urban Reserve and Residential District Standards. Single satellite dish TVROs greater than one (1) meter in diameter may be allowed as an interim use within the urban reserve and residential zoning districts of the City and shall comply with the following standards:

a.

All accessory and secondary use provisions of Item A, above, are satisfactorily met.

b.

The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction-free receive window can be maintained within the limits of the property ownership.

c.

Except where the satellite dish is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.

d.

The interim use permit performance standards of Part 10-34-00 of this Ordinance are considered and determined to be satisfied.

2.

Business and Institutional District Standards. Satellite dish antennas within business and institutional districts of the City shall be limited to those listed as permitted accessory and secondary uses in the applicable zoning district subject to the provisions of Section 10-67-03 of this Ordinance.

3.

Industrial District Standards. Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) feet may be allowed as a conditional use within industrial districts of the City and shall comply with the following standards:

a.

All accessory and secondary use provisions of Item A, above, of this Ordinance are satisfactorily met.

b.

The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction-free transmit-receive window or windows can be maintained within the limits of the property ownership.

c.

Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window.

d.

The conditional use permit performance standards of Part 10-33-00 of this Ordinance are considered and determined to be satisfied.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

A.

Compost structures and firewood piles shall be considered accessory uses but not buildings, shall be limited to rear yards and shall not exceed six (6) feet in height. In the Urban Service Area, firewood piles shall not exceed one (1) cord in measurement.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023; Ord. 325, SS, § 12, 2-5-2024)

Family child care providers are permitted as an accessory use in any residential district as long as the following standards are met:

A.

Use shall comply with all state and local standards.

B.

The use of any accessory building or accessory structure for child care is not allowed.

C.

No more than one (1) non-resident shall be engaged or employed. This shall not apply to a substitute, non-resident person providing care on the premises while the owner/operator is sick or otherwise unable to provide care.

D.

Off-street parking shall be provided as follows:

1.

Meet the requirements of parking for the dwelling;

2.

One (1) space per non-resident employee; and

3.

One (1) space for pick-up/drop-off.

E.

Play equipment, swings, sand boxes, or structures shall not be located in front yards or in the required side yard setback area adjacent to a street.

F.

Any outdoor play area shall be fully enclosed by a fence, wall, or hedge of at least three (3) feet in height.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

A.

Domestic animal enclosures shall not be placed in the front yard or in the side yards abutting a street, shall not be placed closer than 10 feet to any property line, and shall not be placed closer than 25 feet to any dwelling unit other than on the owner's property.

B.

No encroachment shall be permitted in existing or required drainage and/or utility easements.

C.

Screening and/or a hard surface will be required if problems occur with appearance, noise, odor, and sanitation as determined by the Zoning Administrator.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

A.

All drive-thru lanes shall be clearly identified using striping, landscaping, and/or signs.

B.

Queuing spaces or areas shall not interfere with parking spaces, aisles, loading areas, through traffic, vehicle or pedestrian circulation, or driveway access.

C.

Curb-cut entrances for queuing driveways and exit driveways shall be consolidated with any other driveway entrances or exits on the site.

D.

Drive-thru windows, drop boxes, menu boards, and associated or similar structures shall be located to the rear or side of the principal building, and must incorporate landscape screening, decorative fences, walls, or a combination of these elements to minimize their view from the street.

E.

Drive-thru lanes should be located away from building entrances and (unless screened) should not be located between a principal building and the street, or if a corner site, all adjacent roadways.

F.

Drive-up window lanes: The minimum drive width for drive-up window lanes shall be 14 feet.

G.

Drive-thru lanes shall be designed in a manner that allows drivers not using the drive-thru, or wishing to exit the drive-thru area, to bypass the drive-thru lane(s).

H.

All new lighting must be LED, fully shielded, be no brighter than needed for the task, and shine only where it is needed. Lights should have a correlated color temperature (CCT) of 3,000 Kelvin (K) or lower, and dim or turn off at 11:00 p.m. or one (1) hour after close of business, whichever is later. Existing lighting should be retrofitted or replaced to meet these standards.

I.

Menu boards must be no brighter than needed for the task, be lit with LED lights of a correlated color temperature (CCT) no higher than 5,000 Kelvin (K) (ideally 4,000K or lower), and be turned off when the drive-thru closes.

J.

Only one lane with a minimum of 50 feet leading to the drive-up window shall be provided for queuing.

K.

If the drive-thru facility is adjacent to residential properties:

1.

The facility shall establish sound barriers and be screened from vehicle lights in stacking areas.

2.

Systems for placing of orders shall be located and designed so that noise is not perceptible on adjacent residential properties.

3.

The hours of operation are limited to 6:00 a.m. to 10:00 p.m. unless extended by the City Council as part of an interim use permit.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

For all home extended businesses, the following provisions shall be satisfied:

A.

The conditions of Section 10-68-10 of this Ordinance shall be satisfied.

B.

No more than two (2) persons other than those who customarily reside on the premises shall be employed.

C.

All activity on the premises associated with the home extended business shall not cause any adverse changes to the residential character of the neighborhood.

D.

Any exterior changes necessary to conduct the home extended business are sufficiently screened, properly designed, or separated by distance so as to be consistent with the existing adjacent residential uses and compatible with the residential occupancy.

E.

Any interior changes necessary to conduct the home extended business shall comply with all building, electrical, mechanical and fire codes governing the use of the use in a residential occupancy.

F.

Traffic generated by the home extended business shall involve vehicles types and volumes that typically associated with single unit residences and that such traffic does not constitute a nuisance or safety hazard.

G.

Signs associated with the home extended business shall be in accordance with Part 10-91-00 of this Ordinance.

H.

On parcels greater than five (5) acres in size, small engine and appliance repair may be conducted, provided the applicant can sufficiently limit noise and other potential disturbances, and the detached accessory building is in a location that will not allow for likely disturbances to neighboring residences.

I.

Any wholesale or retail sales must be incidental to the home extended business or low volume sales restricted by appointment.

J.

Non-conforming uses. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the provisions, under which it was initially established, shall be brought into conformity with the provisions of this Ordinance.

K.

Inspection. The City hereby reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this Ordinance or any conditions additionally imposed.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

A.

Application. All home occupations shall be further defined to distinguish permitted home occupations from interim home occupations and home extended businesses. Home occupations which are not specifically prohibited and fail to satisfy the permitted home occupation criteria shall require an interim use permit, as provided for in this Ordinance.

B.

Prohibited home occupation uses. The following uses have a tendency to be too intense for or potentially disruptive for home occupations and thereby adversely affect residential areas. The following uses are specifically prohibited as home occupations:

1.

Repair services which produce objectionable light, glare, noise or vibration including, but not limited to, auto repair, appliance repair and small engine repair, except as provided for in Subsection 10-68-09.I.

2.

Teaching or instruction which customarily consists of more than two (2) pupils living outside the home at a time.

3.

Manufacturing.

C.

General home occupation requirements. The following requirements shall apply to all home occupations (both permitted and interim):

1.

No home occupation shall produce light, glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

2.

No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

3.

The home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall not result in an incompatibility or disturbance to surrounding residential uses.

4.

No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and State fire and police recommendations.

5.

There shall be no exterior storage of equipment or materials used in the home occupation, except that personal automobiles used in the home occupation may be parked on the site, provided the parking is in conformance with all outdoor storage and parking requirements found in Section 10-71-07 and Part 10-72-00.

6.

The home occupation shall meet all applicable building and fire codes.

7.

No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. in a manner where business activity is detectable outside of the residence.

8.

All home occupations shall comply with the provisions of City Nuisance Ordinances, including noise, outdoor storage, parking, and other such standards.

D.

Permitted home occupation requirements. In addition to the requirements of Item C, above, the following additional requirements shall apply to all permitted home occupations:

1.

There shall be no exterior display or signs which are visible from outside the building.

2.

No person other than those who customarily reside on the premises shall be employed.

3.

The operation of any wholesale or retail business shall not be permitted unless:

a.

It is conducted entirely by telephone, mail or electronic medium;

b.

The merchandise is stored elsewhere than on premises;

c.

The business operation does not include the sale of equipment or delivery of merchandise to the premises;

d.

Customers do not come to the home for any part of the transaction.

4.

The home occupation shall be conducted entirely within the principal dwelling and shall not be conducted in attached garages or accessory buildings. No more than 25 percent of the gross floor area of the principal dwelling shall be used for the home occupation.

5.

The home occupation shall not create a parking demand of more than two (2) vehicles at one time.

6.

The home occupation shall not create a demand for on-street parking. All parking associated with the home occupation shall be off-street and shall be accommodated within the garage and the existing driveway area.

7.

In no case shall the home occupation create a need for an additional driveway access to the property.

E.

Interim use home occupations requirements. Home occupations which are not specifically prohibited by Item B, above, and fail to satisfy the permitted home occupation criteria of Item C, above, shall require an interim use permit and shall comply with the following requirements:

1.

The conditions of Item C, above, shall be satisfied.

2.

No more than one (1) person other than those who customarily reside on the premises shall be employed.

3.

Teaching or instruction activities shall not consist of more than two (2) non-resident pupils at a time.

4.

All activity on the premises associated with the home occupation shall not cause any adverse changes to the residential character of the neighborhood.

5.

Any exterior changes necessary to conduct the home occupation are sufficiently screened, properly designed, or separated by distance so as to be consistent with the existing adjacent residential uses and compatible with the residential occupancy.

6.

Any interior changes necessary to conduct the home occupation shall comply with all building, electrical, mechanical and fire codes governing the use of the use in a residential occupancy.

7.

Traffic generated by the home occupation shall involve vehicles types and volumes that typically associated with single unit residences and that such traffic does not constitute a nuisance or safety hazard.

8.

Signage. The following signs for home occupations with an IUP are permitted:

a.

For home occupations in the A-1, A-2, UR, and RR districts,: One (1) freestanding sign not to exceed 10 square feet in sign area and six (6) feet in height, or one (1) wall sign not to exceed 10 square feet in sign area.

b.

For home occupations in the R-1, R-2, and R-3 districts: one (1) freestanding sign not to exceed four (4) square feet in sign area and six (6) feet in height, or one (1) wall sign not to exceed four (4) square feet in sign area.

9.

No more than twenty-five (25) percent of the gross floor area of the principal dwelling shall be used for the home occupation.

10.

An attached accessory structure may be used for the home occupation provided the use does not occupy required parking. In all cases there shall be space sufficient for the parking of a minimum of two vehicles in the attached accessory structure.

11.

Any wholesale or retail sales must be incidental to the home occupation or low volume sales restricted by appointment.

F.

Non-conforming uses. Any existing home occupation that is discontinued for a period of more than thirty (30) days, or is in violation of the provisions, under which it was initially established, shall be brought into conformity with the provisions of this Ordinance.

G.

Inspection. The City hereby reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this Ordinance or any conditions additionally imposed.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

A.

Farms as defined in the City Code are exempt from the provisions of this Section.

B.

It is unlawful for any person to keep, stable, board, or harbor horses, colts, ponies, mules, goats, sheep, cattle, pigs, and other farm-type animals, mink, ducks, pigeons, geese, and other fowl, whether owned or not, unless the person has sufficient contiguous real estate to house and enclose said animals or fowl.

C.

All points of housing and fence enclosures in which animals or fowl are kept must be at least 100 feet from any residential structure used for human habitation or well for supplying potable water.

D.

A sturdy wood, metal or electrical fence must keep the animals and/or fowl confined.

E.

No animals or fowl mentioned in Item B above may be kept on a parcel of real estate smaller in area than five (5) acres, except for the keeping of pigeons and doves as specified in Item F below. In determining such real estate parcel size and number of animals or fowl, one (1) acre thereof shall be considered as being used for residence, lawns, etc., and shall be excluded. The area used for the on-site sewage treatment system, including the alternate drain field location, shall not be used to keep animals. In addition to the above minimum area requirements, at least one (1) acre of pasture must be available for one (1) animal other than fowl and at least one (1) acre for each additional animal other than fowl kept on the premises.

F.

No more than 20 fowl of any type may be kept on such five (5) acre parcels with one (1) acre additional required for each additional ten fowl. The keeping of racing and fancy pigeons/doves shall be permitted on parcels of land as small as two and one-half (2½) acres in size in the rural service area of the City. The keeping of pigeons and doves for competitive racing and sporting purposes shall be limited to a maximum of one hundred fifty (150) birds.

G.

Pasture fences or animal or fowl enclosures must be at least ten (10) feet inside the property lines unless fences on the line are agreed to in writing by adjoining property owner or owners. Such line fence agreement must be renewed in writing when a new adjoining owner takes over.

H.

Animal and fowl manure and other waste shall not be allowed to accumulate to create offensive odors. Accumulations of manure and other waste shall be removed at such periods as will insure that no objectionable aroma exists and the premises shall not be allowed to become unsightly or harbor rodents, flies, or insects.

I.

Properties that do not conform with this Section shall be considered as non-conforming uses. Non-conforming uses shall be brought into compliance with this Section within five (5) years from the effective date of this and the above Subdivisions; however, this provision shall only apply to real estate area, and number of animals, and location of fences and enclosures, and shall in no way allow any change or any increase in such prior use, and upon death or disposition of any animals or fowl so held under prior use, same shall not be replaced; and any discontinuance of such prior use for a period of one month longer shall be deemed a cessation of such use and a use thereafter shall be completely controlled by all of the provisions of this Section.

J.

It is unlawful for any person to treat any animal as herein defined, or any other animal, in a cruel or inhumane manner.

K.

It is unlawful for any person to keep any animal in any structure infested by rodents, vermin, flies or insects.

L.

It is unlawful for any person to allow any animal, as herein defined, or any other animal under his control, to run at large.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

A.

Bees shall not be kept on parcels smaller than two and a quarter (2.25) acres in size or within a PUD as identified by Code.

B.

No parcel shall have more than one (1) hive or colony housing structure not to exceed three (3) feet in size in any dimension unless it is an agricultural use.

C.

All hives shall be of the removable frame type.

D.

All hives shall be kept 100 feet from any property line.

E.

Hives shall be kept in a manner that does not create a nuisance to neighbors or general public. Hives found to be unattended, damaged, infected or abandoned shall be deemed a nuisance.

F.

Properties of all sizes are encouraged to register their hive with the City for the purpose of Emergency Management.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

A.

Definitions listed in Section 8-3-2 pertaining to the keeping of chickens shall apply to the following standards.

B.

On parcels of five (5) acres or more, the use standards for the Keeping of Animal and Fowl within Section 10-68-10 shall apply.

C.

On parcels of less than five (5) acres, the following standards for raising, harboring, maintaining, and keeping of chickens shall apply:

1.

The keeping of roosters is prohibited.

2.

The butchering of chickens on-site is prohibited.

3.

On properties of less than 2.5 acres, no more than five (5) chickens shall be kept on the permitted premises.

4.

On properties of 2.5 acres or more, no more than 10 chickens shall be kept on the permitted premises.

5.

Chickens must be confined on the permitted premises at all times in a chicken coop or chicken run, and may not be kept in any part of the principal dwelling, garage, front yard, or side yard.

6.

All chicken grains and feed must be stored in a rodent proof container.

7.

The use of chickens for cockfighting is prohibited.

8.

Fowl manure and other waste shall not be allowed to accumulate to create offensive odors. Accumulations of manure and other waste shall be removed at such periods as will insure that no objectionable aroma exists and the premises shall not be allowed to become unsightly or harbor rodents, flies, or insects.

9.

It is unlawful for any person to treat a chicken in a cruel or inhumane manner.

10.

It is unlawful for any person to keep a chicken in a coop or run infested by rodents, vermin, flies, or insects.

D.

Coop and Run

1.

All chickens shall be provided access to both a coop and run.

2.

A coop and run is exempt from accessory structure maximums as may be established in Chapter 10 of City Code.

3.

All fencing and electrical work associated with a chicken coop or run shall be consistent with applicable building and zoning codes, and all appropriate permits and/or licenses shall be obtained prior to construction.

4.

Any chicken coop or run shall be set back at least 15 feet from the property line, and shall be located closer to the principal dwelling on the permitted property than to any principal dwelling on adjacent properties.

5.

Any coop or run shall be set back at least 25 feet from the following features:

a.

A delineated wetland edge;

b.

The top of a bank of a pond, filtration basin, or infiltration basin.

6.

Chicken coops shall have a maximum footprint area of 10 square feet per chicken, and a minimum footprint area of five (5) square feet per chicken.

7.

Chicken runs shall have a maximum footprint area of 20 square feet per chicken, and a minimum footprint area of 10 square feet per chicken.

8.

The coop shall be elevated a minimum of 12 inches off the ground, and may not exceed a height of six (6) feet as measured from the ground.

9.

No coop or run shall be located in any form of easement or right-of-way.

10.

Both the coop and run shall be completely enclosed and rodent proof.

11.

The coop shall provide adequate protection from the elements and shall be winterized if chickens are being kept between November 1st and April 30th of any given year.

12.

Once an owner is finished raising chickens or if a permit is revoked, the coop and run shall be removed from the property.

E.

No person shall own, harbor, or keep within the City a hen chicken unless a valid permit for such chicken has been obtained pursuant to the provisions in Section 8-3-2 of the City Code.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

Mobile Food Units (MFUs) parked on private property shall adhere to the following standards:

A.

Each MFU shall obtain the proper licenses/permits from the City of St. Francis, Anoka County and the State of Minnesota which shall be posted at all times on the MFU.

B.

The MFU shall obtain written approval from the property owner on whose property the MFU is to be parked.

C.

MFUs shall be limited to operating no more than 21 days annually at any one place and shall obtain an annual permit with the City prior to operation.

D.

Hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. The City Council may allow different hours on a per-event basis.

E.

MFUs shall not remain at an authorized location longer than the permitted number of consecutive days and nights. The number of consecutive days and nights allowed shall be specified on the MFU's permit from the City but in no case shall be more than five (5).

F.

MFUs may be parked on private residential property for one-time event private catering purposes.

G.

No MFU may obstruct ingress or egress from commercial buildings during the buildings' hours of operation.

H.

No MFU may be located within 300 feet from the perimeter of any pre-approved festival, sporting event, or civic event unless a license is issued to be part of the festival or event, or within 100 feet from the public entrance to any restaurant and/or any portion of a restaurant's outdoor dining area during that restaurant's hours of operation. MFUs may be located closer than the distances specified in this standard with written approval from the festival or event organizers or the restaurant owner/manager. MFU operators who are unable to obtain the necessary written permission may appeal their case to the City Council.

I.

Tables and chairs associated with the MFU may be permitted so long as they do not obstruct the flow of pedestrian or vehicular traffic.

J.

MFUs shall not be left unattended during operation.

K.

MFUs shall be powered by an independent power supply screened from public view which complies with the City's noise regulations.

L.

Each MFU shall supply its own waste/recycling receptacles. At least one (1) receptacle shall be provided for customer use per MFU.

M.

Operators of MFUs shall remove waste and litter and dispose of gray water daily. Public trash cans shall not be used to dispose of waste generated by the operation. Gray water shall not be disposed of onto the ground or in City stormwater drains.

N.

The operator of the MFU shall clean the area within 25 feet of the MFU at the end of each day.

O.

All MFUs shall be kept in good repair with a neat appearance.

P.

Operators of MFUs may not call attention to that permittee's business by crying out, blowing a horn, ringing a bell, loud music, or by any loud or unusual noise, or by use of any amplifying device.

Q.

Out-of-service MFUs shall comply with all applicable zoning ordinance requirements, including Section 10-68-19 Recreational Camping Vehicle, Utility Trailer, Boat, Unlicensed Vehicle, Storage and Parking.

R.

MFU operators may not claim endorsements by the City based on their permit.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

All off-street parking and loading facilities shall meet the standards listed in Section 10-72-00.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

A.

An outdoor dining use shall not be located in interior side or rear yard if it is adjacent to a residential district. An outdoor dining use may be located in an interior side or rear yard adjacent to a mixed-use district, provided that any adjacent residential uses are not located on the first floor.

B.

Outdoor dining areas where liquor will be served shall be clearly designated and contained within the site by use of a fence or other means.

C.

Seating and table placement shall preserve a continuous pedestrian accessible route of at least 6 feet in width; this includes accommodating 6 feet of accessibility from signs, lights, and other street furniture within the public right-of-way, including ADA access.

D.

Any dining area within the public right-of-way shall apply for and obtain the necessary permits from the regulating authority.

E.

No speakers or other electronic devices are permitted outside of the principal structure after 10:00 p.m.

F.

Hours of operation shall be limited to the hours of operation of the principal use.

G.

Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or 10 percent of the gross floor area of the principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or 10 percent of gross building area, whichever is less.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

A.

Outdoor wood-burning furnaces are prohibited in the Urban Services Area of the City.

B.

All outdoor wood-burning furnaces require a permit from the City of St. Francis prior to installation.

C.

Outdoor wood-burning furnaces shall be required to use clean wood or other clean burning product as fuel. Clean wood is defined as natural wood which has not been painted, varnished, or coated with a similar material, has not been pressure-treated with preservatives, and does not contain resins or glues as in plywood of other composite wood products. The use of the following materials as fuel is strictly prohibited:

1.

Rubbish or garbage including, but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris, or other household or business wastes.

2.

Kerosene, gasoline, or petroleum products.

3.

Asphalt and products containing asphalt.

4.

Wood or wood products, other than clean wood.

5.

Any plastic material including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic film, and plastic containers.

6.

Rubber, including tires and synthetic rubber-like products.

7.

Newspaper, corrugated cardboard, container board, and office paper.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

A.

Vehicle/Equipment Sales.

1.

Residential Districts.

a.

Personal vehicles, recreational vehicles, farm machinery, and equipment and similar merchandise offered for sale in residential zoning districts shall comply with the following:

i.

The merchandise sold in residential areas shall be the personal property of the occupant.

ii.

Sales of personal merchandise herein addressed shall be limited to no more than three (3) items per calendar year.

iii.

Merchandise items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

b.

Garage or rummage sales conducted in residential zones shall comply with the following:

i.

Sales shall be limited to a maximum of four (4) consecutive days and occurring no more than two (2) times within one (1) calendar year per property.

ii.

Signs shall be governed by Part 10-91-00 of this Ordinance.

B.

Non-Residential Districts. Motor, commercial and recreational vehicles shall not be displayed "for sale" or sold within commercial or industrial districts unless as part of an approved licensed sales dealership or for short-term parking (12 hours or less) if the vehicle is owned by an employee of said business where the vehicle is parked with the consent of the business owner.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023)

A.

It is unlawful for any person to park or store a recreational camping vehicle, utility trailer, boat or unlicensed vehicle (operable) in the required setback area of any property.

B.

Properties which are less than nine (9) acres in size and are zoned for or used for residential purposes, shall be limited to a maximum of three (3) Recreational Camping Vehicles, Utility Trailers, Boats or Unlicensed Vehicles (operable), or a combination thereof, stored outside of an accessory structure or attached garage.

1.

All such vehicles must be parked on an approved parking & surface. The approved parking surface shall apply to the entire area beneath, and extending 12 inches around the perimeter of the recreational camping vehicles, utility trailer, boat or unlicensed vehicle (operable).

2.

The total outside storage area for the permitted recreational vehicles shall be limited to a maximum of 500 square feet in size.

3.

No such vehicles shall be stored within a drainage and utility easement.

C.

A maximum of one (1) unlicensed vehicle (operable) shall be allowed on any property within a Residential District. This vehicle shall be parked according to the regulations listed in Section 10-72-02.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023; Ord. 306, SS, § 7, 2-21-2023; Ord. No. 342, SS, § 4, 1-6-2025)

Any sacred community use shall meet all requirements listed in MN Stat 327.30.

(Ord. 325, SS, § 13, 2-5-2024)

Editor's note— Ord. 325, SS, § 13, adopted Feb. 5, 2024, renumbered the former § 10-68-21 as § 10-68-22 and enacted a new § 10-68-21 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

All STVRs shall obtain a rental license in accordance with Chapter 4-6 Rental Housing Licensing of the City Code.

B.

Number of guests. The maximum number of overnight guests will be limited to two (2) times the number of bedrooms rented plus one (1).

C.

Events. Events are not allowed to be hosted by transient guests on the premises. An event means a gathering on the premises of more than three un-registered transient guests. Events hosted by the property owner are allowed, but must abide by all applicable City ordinances and polices.

D.

Dwelling requirements.

1.

The dwelling must be connected to city sewer and water or must be served by a compliant septic system capable of meeting the needs of the maximum allowable number of people staying on the property at one time

2.

Rooms used for sleeping shall have an egress windows and smoke detectors.

3.

The guest(s) must have access during their entire stay to a full bathroom, including sink, toilet, and tub or shower.

4.

Accommodation of guests is not allowed in recreational vehicles, tents, temporary structures, accessory structures, fish houses, or similar structures. Accommodation of guests in accessory dwelling units (ADUs) is permitted.

E.

Parking.

1.

All guest parking must be accommodated on improved surfaces on the premises. No on-street parking is allowed for guests.

2.

At a minimum, parking shall be provided at the following rate:

a.

1 space for each 1-2 bedroom rental

b.

2 spaces for each 3 bedroom rental

c.

Spaces equal to the number of bedrooms minus one for each 4 and 4+ bedroom rental

F.

In short term vacation rentals where the property owner resides on the premise, additional off-street parking for personal use must be provided at a rate of one parking space per two bedrooms not dedicated to the guest use.

G.

Proximity of assistance. If not residing on the property, the property owner or a manager/representative must be located within 30 miles of the property. The property owner shall maintain with the City the name, address, phone number, and email for the local contact or managing agent for the property.

H.

Guest records. A guest record must 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 48 hours of a request for the guest record.

I.

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:

1.

The name, phone number and address of the owner, operating lessee or managing agent/representative.

2.

The maximum number of guests allowed at the property.

3.

The maximum number of vehicles allowed at the property and where they are to be parked.

4.

City nuisance ordinances requirement that noise levels be reduced between 10:00 p.m. and 7:00 a.m. and that this will be enforced by the St. Francis Police Department.

5.

Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities.

6.

No events are allowed to be hosted on the premises.

J.

Garbage. All garbage must be kept in rubbish containers that are stored out of view of a public street.

K.

Signage. No signage pertaining to the short-term vacation rental is allowed on the property.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023; Ord. 325, SS, § 13, 2-5-2024)

Editor's note— Formerly § 10-68-21. See editor's note following § 10-68-21.

A.

All accessory solar systems shall comply with the following:

1.

Compliance with Building Code: All SESs shall require a building permit, shall be subject to approval of the City Zoning Administrator and Building Official, and shall be consistent with the State of Minnesota Building Code

2.

Compliance with State Electric Code: All photovoltaic systems shall comply with the Minnesota State Electrical Code

3.

Compliance with State Plumbing Code: Solar thermal systems shall comply with applicable Minnesota State Plumbing Code requirements.

4.

Compliance with MN Energy Code: All SESs shall comply with HVAC-related requirements of the Energy Code.

5.

Utility Notification: No grid-intertied photovoltaic system shall be installed until the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

6.

Permitting Deadlines: Solar Energy Systems must complete work outlined within the Building Permit within six (6) months of the date the Building Permit was issued. All requests for an extension to this deadline must be made prior to the deadline, and must be made in writing to the City Building Official. The City Building Official shall issue an extension within seven (7) days of receiving the request if the party making the request provides good cause, which shall be broadly interpreted, for the request.

7.

Installation: Installation of a solar system shall not constitute a right to sunlight from any adjoining property, nor does the city assure access to sunlight.

8.

Security and Equipment buildings: Security and equipment building(s) on the site of solar farms shall be permitted uses accessory to the solar farm.

9.

Landscaping: Buffer screening from routine view of the public right-of-way and immediate adjacent residences shall be required in an attempt to minimize the visual impact of above grade site improvements and any extensive or imposing perimeter securing fencing that is proposed. Low lying screening, shrubbery or other native vegetation shall be required around site perimeter security fencing.

10.

Controlled Access: The owner or operator shall contain all unenclosed electrical conducts located above ground within a structure (or structures) with controlled access.

11.

Easements: Solar energy systems shall not encroach on public drainage, utility, roadway, or trail easements.

12.

Glare: No solar energy equipment or solar electric systems shall create or cause unreasonable glare on other property or public roadways. Unreasonable glare shall mean a public safety hazard as determined by the City Council or the appropriate roadway authority.

B.

Roof-mounted or architecturally integrated solar system.

1.

Systems which are accessory to the principal land use and which are designed to supply energy for the principal use.

2.

Roof mounted or other architecturally-integrated systems shall be regulated as follows:

a.

Rooftop or other architecturally-integrated systems are permitted accessory uses in all zoning districts in which buildings and structures are permitted.

b.

The property owner or contractor shall complete a building permit and supplemental application and obtain approval prior to installation.

c.

Solar energy systems shall be harmonious with the architectural features of the structure in as much as possible.

d.

Commercial and industrial roof or other integrated systems: Shall be placed on the roof to limit visibility from the public right-of-way or to blend into the roof design in as much as possible while still allowing the owner to reasonably capture solar energy.

e.

Height: roof mounted Solar systems must not exceed the height maximum in the applicable zoning district for the structure on which it is mounted.

f.

Setbacks: roof mounted solar systems must comply with all structure setback requirements in the applicable zoning district, and must not extend behind the exterior perimeter of the structure on which the system is mounted.

g.

Roof mounted systems placed on the street facing front of any structure shall be flush-mounted systems.

C.

Ground-mounted solar system. Ground Mounted systems shall be regulated as follows:

1.

Ground mounted systems are permitted accessory uses in all districts in which building and structures are permitted.

2.

The property owner or contractor shall complete a building permit and supplemental application and obtain approval prior to installation.

3.

Ground mounted systems are exempt from accessory structure number and area limitations except as provided herein.

4.

Heights: ground mounted solar energy systems must not exceed the height maximum in the applicable zoning district for an accessory structure for all possible orientations.

5.

Setbacks: ground mounted solar energy system must meet the setbacks required for an accessory structure in the applicable zoning district for all possible orientations.

6.

No ground mounted solar system shall cover or encompass more than 10 percent of the gross lot size.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023; Ord. 325, SS, § 13, 2-5-2024)

Editor's note— Formerly § 10-68-22. See editor's note following § 10-68-21.

A.

Applicability. This Section shall apply to all new swimming pools or spas.

B.

Construction:

1.

Standards.

a.

The construction of swimming pools and spas shall conform to all applicable provisions of the Uniform Building Code, and all other State or Federal regulations concerning such construction.

b.

A building permit is required for swimming pools greater than 24" in depth and exceeding 5,000 gallons.

2.

Utility Lines. It is unlawful for any person to build, construct, situate or install any swimming pool or spa beneath any overhead utility line or easement nor over any underground utility line or service or easement.

3.

Setback Requirements. It is unlawful for any person to build, construct, situate or install any swimming pool or spa within 10 feet of any side or rear lot line, nor within six (6) feet of any principal structure, nor closer to the front lot line than the principal structure except as hereinafter provided:

a.

On residential parcels which contain a lot area of one (1) acre or more, a swimming pool or spa may be constructed closer to the front lot line than the principal structure, provided that such swimming pool or spa is constructed to meet the minimum set back of the District within which it is to be located.

b.

No swimming pool or spa shall be located within twenty (20) feet of any portion of any on-site sewer system or any private water supply.

C.

Fencing:

1.

Temporary Fencing. During the construction of any swimming pool or spa, the construction area must be secured with a portable fence which is not less than four (4) feet in height.

2.

Permanent Fencing. All outdoor swimming pools must be completely enclosed by a permanent fence or wall of a non-climbing type which has no external handholds or footholds, so as to be impenetrable by toddlers. The entire enclosure must be at least four (4) feet in height.

a.

All outdoor fence or wall openings or outdoor points of entry into the pool area shall be equipped with self-closing and self-latching devices. The opening between the bottom of the fence and the ground or other surface shall be not more than three (3) inches.

b.

All above-ground swimming pools that have a minimum side-wall height of four (4) feet need not be fenced, but shall have removable steps.

c.

As an alternative to a protective fence or other permanent structure as required by subsection (C)(2) of this Section, an automatic pool cover may be utilized if it meets the American Society of Testing and Materials (ASTM) F1346-91 Standard (2018), as such standards may be modified, superseded or replaced by ASTM. Such pool cover shall be closed when a responsible person is not present outdoors and within 25 feet of the pool.

3.

Outdoor Spas. All outdoor spas shall have either a fence as described herein, or a secured cover. The secured cover shall be constructed of a material and be so secured as to be impenetrable by toddlers.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, §§ 3, 8, 2-21-2023; Ord. 325, SS, § 13, 2-5-2024; Ord. No. 342, SS, § 5, 1-6-2025)

Editor's note— Formerly § 10-68-23. See editor's note following § 10-68-21.

A.

Pursuant to authority granted by Minnesota Statutes, Sec. 462.3593, Subd. 9, the City of St. Francis opts-out of the requirements of Minnesota Statutes, Sec. 462.3593, which defines and regulates Temporary Family Health Care Dwellings.

(Ord. 291, SS, 1-18-2022Ord. 306, SS, § 3, 2-21-2023; Ord. 325, SS, § 13, 2-5-2024)

Editor's note— Formerly § 10-68-24. See editor's note following § 10-68-21.

A.

Duration. Temporary/seasonal outdoor sales shall be for a period not to exceed 90 days. No more than two (2) events shall be conducted by the same applicant or property in any calendar year.

B.

License Required. No outdoor sales shall be conducted without first obtaining an outdoor sales license as established in Chapter 6 of the City Code, Business Regulation and Licensing.

C.

Performance Standards:

1.

The use of a public address system shall not be allowed.

2.

The site upon which the temporary/seasonal outdoor sale is to be conducted shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions.

3.

Display of items shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

4.

No uses or displays shall be permitted in required parking areas, required green areas, parking setback areas, or any right-of-way or other public property.

5.

Tents, stands, and other similar temporary structures may be utilized subject to the following requirements:

a.

A site plan be submitted which clearly identifies the location of the temporary structure.

b.

The Zoning Administrator determine that the size and location such structure shall not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.

c.

If the temporary structure is greater than 120 square feet in size and/or includes electrical service, the City Administrator may defer matter to the City Building Official for review and approval.

6.

The sale and associated parking shall not obstruct parking spaces needed by any permanent business established on the site except when a sale is held when the business is closed.

7.

No portion of the use or event shall take place within 100 feet of any residential buildings.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023; Ord. 325, SS, § 13, 2-5-2024)

Editor's note— Formerly § 10-68-25. See editor's note following § 10-68-21.

A.

No person shall construct or operate a wind energy conversion system (WECS) without having fully complied with the provisions of this Section.

B.

Application. Wind conversion systems may be allowed subject to the regulations and requirements of this Section, provided the property upon which the system is located is at least five (5) acres in size.

C.

Site plan drawing. All applications for WECS conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the following information:

1.

Lot lines and dimensions.

2.

A description of the project, including:

a.

Number;

b.

Type;

c.

Name plate generating capacity;

d.

Tower Height;

e.

Rotor diameter; and

f.

Total Height.

3.

Location and height of all buildings, structures, above ground utilities, and trees on the lot, including both existing and proposed structures and guy wires anchors.

4.

Locations and height of all adjacent buildings, structures, above ground utilities and trees located within 350 feet of the exterior boundaries of the property in question.

5.

Existing and proposed setbacks of all structures located on the property in question.

6.

Sketch elevation of the premises accurately depicting the proposed WECS and its relationship to structures on adjacent lots.

D.

Compliance with State Building Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with the engineering data and calculations to demonstrate compliance with the structural design provisions of the State Building Code especially with regards to wind and icing loads. Drawings and engineering calculations shall be certified by a registered engineer.

E.

Compliance with National Electrical Code. WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the City.

F.

Manufacturer warranty. The applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within the City. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions.

G.

Design standards.

1.

Height. The permitted maximum height of a WECS shall be determined in one of two ways. In determining the height of the WECS, the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor.

a.

A ratio of one (1) foot to one and one-half (1.5) foot between the distance of the closest property line to the base of SWECS to the height of the system.

b.

A maximum system height of one hundred (100) feet.

c.

The shortest height of the two above mentioned methods shall be used in determining the maximum allowable height of a SWECS system. The height of a WECS must also comply with FAA Regulation Part 77 "Objects Affecting Navigable Air Space" and/or MnDOT Rule 14, MCAR 1.3015 "Criteria for Determining Obstruction to Air Navigation."

2.

Setbacks:

a.

Property Lines. One and one-half (1.5) times the total height.

b.

Principle Structure: One and one-half (1.5) times the total height.

c.

Other structures: One and one-half (1.5) times the total height.

d.

Neighboring Dwellings: Three hundred (300) feet.

e.

Rights-of-Way: One and one-half (1.5) times the total height.

f.

Other existing WECS = To be considered, based upon:

i.

Relative size of the existing and proposed WECS;

ii.

Alignment of the WECS relative to the predominant winds;

iii.

Topography;

iv.

Property line setback of existing WECS; and

v.

Other setbacks required.

g.

No WECS may be erected in any required yard (except a rear yard) or within a public or private utility and drainage easement.

3.

Rotor Size. All WECS rotors shall not have rotor dimensions greater than twenty-six (26) feet in diameter.

4.

Rotor Clearance. Blade-arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any structure or tree within a 200 foot radius.

5.

Rotor Design. The blade design and materials are to be designed and constructed to ensure safe operation in an urban/rural area.

6.

Rotor Safety. Each WECS shall be equipped with both a manual and automatic braking device capable of stopping WECS operation in high wind (forty [40] MPH or greater) or in conditions of imbalance.

7.

Lightning Protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City.

8.

Component Compatibility. The Wind turbine and wind turbine tower are to be designed and constructed to be compatible.

9.

Tower Access. To prevent unauthorized climbing, WECS towers must comply with one of the following provision:

a.

Tower climbing apparatus shall not be located within twelve (12) feet of the ground.

b.

A locked anti-climb device shall be installed on the tower.

c.

Tower capable of being climbed shall be enclosed by a locked, protective fence at least eight (8) feet high.

10.

Lighting. Unless otherwise required by state or federal regulation, no lighting or illumination of a WECS shall be permitted.

11.

Electromagnetic Interference. WECS shall be designed and constructed so as not to cause radio and television interference.

12.

Noise Emissions. All WECS shall comply with all applicable local, state, and federal regulations governing noise.

13.

Utility Company Interconnection. No WECS shall be interconnected with the local electrical utility company until the utility company and the City Engineer have commented upon such proposal. The interconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the City.

14.

Color and Finish. All wind turbines and towers shall be white, grey, or another non-obtrusive color. Finishes shall be matte or non-reflective.

15.

Electrical Wires. All electrical wires installed as part of a WECS shall be buried whenever reasonably possible.

16.

Interference. Steps shall be taken to minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals, caused by any WECS.

17.

Overspeed Controls. All WECS shall be equipped with a redundant braking system. This includes both aerodynamic (including variable pitch) overspeed controls and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode, whereby they are engaged in the case of load loss on the generator. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

18.

Fail Points. All WECS shall have fail points so as to assure that the structure will collapse on the subject site and not extend to and jeopardize life or adjacent property.

19.

Guy Wires. If it is determined that guy wires or guy wire anchors are needed, guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements or required buffer yards and shall be set back a minimum of five (5) feet from all lot lines.

20.

Lightning Protection. All WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City.

H.

Ornamental wind devices. Ornamental wind devices that are not a WECS shall be exempt from the provisions of this Section and shall conform to other applicable provisions of this Ordinance and the City Code including height.

I.

Building permit. A building permit must be obtained prior to construction accompanied by the information required in this Ordinance. The building official must approve the plans before installation.

J.

Inspection. The City hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall upon written notice from the City, take expeditious action to correct the situation.

K.

Abandonment. The use of a WECS shall be considered discontinued after one hundred eighty (180) days without energy production. All WECS and accessory facilities shall be removed within ninety (90) days of the discontinuation of use.

(Ord. 291, SS, 1-18-2022; Ord. 306, SS, § 3, 2-21-2023; Ord. 325, SS, § 13, 2-5-2024)

Editor's note— Formerly § 10-68-26. See editor's note following § 10-68-21.