Stacy City Zoning Code
PROVISIONS AFFECTING
ALL ZONING DISTRICTS
§ 153.020 DISTRICTS CREATED.
For the purpose of this chapter, the following districts shall be created:
“R-l” Single Family Residential District
“R-2" One and Two Family Residential District
“R-3A” Multiple Family Residential District - Townhomes
“R-3B” Multiple Family Residential District - Apartments
“RR-I” Rural Residential I
“RR-II” Rural Residential II
“R-M” Mobile Home Park District
“CBD” Central Business District
“GB” General Business District
“RTC” Rural Transit Center District
“I” Industrial District
“LI” Light Industrial District
“SL” Shoreland District - This is an overlying district with provisions superimposed on underlying district provisions.
“PUD” Planned Unit Development District
“A” Agricultural
“RR-A” Rural Residential Agricultural
“P” Park District
“OS” Open Space
“NRP” Natural Resource Preservation District
Rural Business Overlay District
Carlos Avery Overlay District
Sunrise River Overlay District
(Prior Code, § 902.01) (Ord. 2005-5-1, passed 5-10-2005; Am. Ord. 2010-2-1, passed 2-23-2010; Am. Ord. 2024-10-1, passed 10-8-2024)
§ 153.021 ZONING MAP.
Boundaries of the above districts are hereby established as shown on that certain map entitled “Zoning Map of the City of Stacy, Minnesota” which is properly approved and filed in the office of the Clerk and hereinafter referred to as the “Zoning Map.” The map and all of the notations, references, and other information shown therein shall have the same force and effect as if fully set down herein and are hereby made a part of this chapter by reference.
(Prior Code, § 902.02)
§ 153.022 ZONING DISTRICT BOUNDARIES.
District boundaries on the map are intended to follow street right-of-way lines, street centerlines, or lot lines unless such boundary line is otherwise indicated on the map. In the case of unsubdivided property, or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map.
(Prior Code, § 902.03)
§ 153.023 ANNEXED LAND.
(A) All land that is annexed to the city shall be placed in the A (Agricultural) zoning district until such time as a study is completed to determine the appropriate zoning district classification.
(B) A petitioner for annexation shall reimburse the city for all costs incurred by the city in reviewing an annexation petition and in complying with statutory requirements for hearing and notification thereof, including, but not limited to, legal, engineering, planning, administrative, publication, special meeting, filing fee, and postage costs. The city may require petitioner to deposit an advancement of costs with the city at the time of the filing of the petition for annexation in an amount determined by the City Council.
(Prior Code, § 902.04) (Am. Ord. 2002-8-2, passed - -2002; Am. Ord. 2005-5-1, passed 5-10-2005)
§ 153.024 USES NOT SPECIFICALLY PROVIDED FOR.
Except as otherwise specifically provided for in this chapter, the following shall apply to a use not provided for within a zoning district.
(A) Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited.
(B) The City Council or the Planning Commission, on their own initiative or upon request, may utilize city staff to conduct a study to determine if a particular use not addressed in this chapter is acceptable, and, if acceptable, what zoning district would be most appropriate for such a use and the appropriate conditions and standards relating to development of such a use.
(C) The City Council, Planning Commission, or affected property owner, upon receipt of the staff’s study, may, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration. A decision by the Planning Commission or City Council that the proposed use is not compatible for development within the city shall be accompanied by findings in support of the decision.
(Ord. 2009-5-1, passed 5-12-2009)
§ 153.025 LOT SIZE REQUIREMENTS.
(A) Requirements specified by district. Lot size requirements shall be specified under each zoning district. In addition, the following regulations shall be complied with.
(B) New lots. No use shall be established or hereinafter maintained on a lot recorded after the effective date of this chapter which is of less area or width than prescribed hereinafter for such use in the zoning district in which it is to be located.
(C) Existing lots. In any residential district on a lot of record on the effective date of this chapter, a single-family dwelling may be established, provided that the measurements of the lot area and width are within 75% of the requirements of this chapter, and provided that it can be demonstrated that a proper and adequate sewage disposal system can be installed.
(D) Conversion of buildings. No building shall be converted so as to conflict with, or further conflict with, the lot size requirements of the district in which such building is located.
(E) Soil tests. In areas not served by public water and sewer disposal systems, soil tests may be required to insure the sanitary function of private on-site systems. If tests indicate that the soils are not adequate, the size of the lot area will be increased in lot area until the size is deemed adequate.
(F) Reduced requirements if extensive park area. Where a proposed plat is submitted incorporating an extensive park area as an integral part of the subdivision and serving each lot within the plat, minimum lot area frontage, and width requirements for the district in which the plat is located may be reduced subject to conditions and approval of plans by the Planning Commission and City Council. Land area taken from individual lots to create the park must be over and above the percent of total land area required for park purposes under the subdivision regulations.
(G) One building per lot. Except in the case of “Planned Unit Developments” as provided for hereinafter, not more than one principal building shall be located on a lot.
(H) Reduced requirements if planned unit development. Single-family dwellings may be excluded from lot area and setback requirements, provided the development is within an approved Planned Unit Development District as regulated by
§
153.055.
(I) Right-of-way not part of lot area. Public right-of-ways are not a part of the buildable lot area and, therefore, shall not be included as part of the minimum lot area required.
(J) Site plan required for non-conforming lots. Requests for building on a nonconforming lot shall be accompanied by a site plan locating the proposed well and septic tank and those abutting developed properties. The applicant shall demonstrate that no pollution or health hazard will result.
(Prior Code, § 902.06) (Am. Ord. 2015-3-2, passed 3-16-2015; Am. Ord. 2019-8-3, passed 8-13-2019)
§ 153.026 YARD REQUIREMENTS.
(A) No yard or other open space shall be reduced in area or dimension so as to make such yard or open space less than a minimum required by this section. If the existing yard or other open space is less than the minimum required, it shall not be further reduced. No required yard or open space allocated to a structure or parcel of land in compliance with this section shall be used to satisfy yard or open spaces or minimum lot area requirements for any other structure or land.
(B) Requirements specified by district. Yard requirements shall be set forth under each zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereafter indicated and shall be unobstructed from the ground level to the sky.
(C) Yard allocated to only one building. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open space, or minimum lot area requirements for any other building.
(D) Corner lots. On a corner lot, nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of 2-1/2 and 10 feet above street level for a distance of 30 feet from intersecting streets.
(E) Through lots. Through lots in any district shall have a required front yard on each street.
(F) Conforming with neighboring setbacks. In any district where the average depth of at least 2 existing front yards for buildings on lots within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard in any “R” District shall not be less than 20 feet from the right-of-way line of minor streets and 100 feet from the centerline of major thoroughfares.
(G) Forty percent landscape requirement. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than 60% of the lot area resulting in less than 40% landscaped in residential districts.
(H) Exceptions to rear yard requirements. The following shall not be considered to be encroachments on rear yard requirements: accessory structures which are at least 10 feet from the rear lot line, recreational equipment, laundry drying equipment, picnic tables, open arbors and trellises, balconies, breezeways, porches, detached outdoor living rooms, and outdoor eating facilities which are not less than 2 feet from any lot line.
(I) General exceptions to yard requirements. The following shall not be considered to be encroachments on yard requirements:
(1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than 2-1/2 feet;
(2) Fences which do not exceed 4 feet in height or as required elsewhere in this chapter and terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building or to a distance of less than 2 feet from any lot line;
(3) Off-street parking spaces except as hereinafter regulated.
(4) Yard lights and signs, provided they are located 3 feet or more from all lot lines. Lights for illuminated parking or loading areas or yards for safety and security purposes may be installed where necessary provided that glare is not visible from public right-of-way or adjacent residential property.
(5) Off-street parking spaces except as hereinafter regulated.
(6) Fencing or buffering materials except as hereinafter regulated.
(7) In front and side yards; balconies that extend a distance of 4 feet or less, provided they are 7 feet or more above grade at the building line. Also, steps, terraces, driveways, stoops, decks, and patios which do not extend in elevation above the ground level of the principal building or to a distance of less than 5 feet from any lot line.
(8) In rear yards: recreational and laundry drying equipment, picnic tables, open arbors, and trellises, balconies, breezeways, porches, detached outdoor living rooms and decks, and outdoor eating facilities are allowed, provided these are not less than 5 feet from any lot line.
(J) Party walls. Buildings may be excluded from side yard requirements if party walls are utilized or if the adjacent buildings are planned to be constructed as an integral structure and a condition use permit is secured.
(K) Earth sheltered buildings. Computations for yard requirements shall be based upon measurements from the exposed exterior surface of the building.
(Prior Code, § 902.07) (Am. Ord. 2024-11-2, passed 11-12-2024)
§ 153.027 BUILDING SIZE REGULATIONS.
The minimum ground floor area for new construction by type of dwelling and number of bedrooms (BR) shall be as follows:
Dwelling | Efficiency | 1BR | 2BR | 3BR | Over 3BR |
Single-family dwelling* | N/A | 860 | 860 | 860 | ** |
Two-family dwelling | N/A | 580 | 740 | 840 | ** |
Multi-family dwelling | N/A | 580 | 720 | 820 | ** |
Elderly housing | 440 | 520 | 720 | 820 | ** |
Mobile home | N/A | 600 | 700 | 700 | ** |
N/A Not Allowed
* Single-family dwellings consisting of a 2 story structure use 75% of ground floor area in table.
** Add 100 square feet for each additional bedroom over 3 bedrooms.
* * * Per unit.
(Prior Code, § 902.08) (Am. Ord. 2019-8-3, passed 8-13-2019)
§ 153.028 FOUNDATION REQUIREMENTS.
(A) Foundation width. All dwelling units shall have a foundation of at least 24 feet in width which supports the exterior walls of the unit.
(B) Fifty percent foundation requirement. All dwelling units shall have a permanent foundation under at least 50% of the ground floor area of the unit.
(Prior Code, § 902.09)
§ 153.029 ROOF PITCH REQUIREMENT.
All dwelling units shall have a minimum roof pitch of at least a 3-foot vertical drop over 12 feet of horizontal roof surface.
(Prior Code, § 902.10)
§ 153.030 HEIGHT REQUIREMENTS.
(A) General restrictions. Height restrictions shall be 50 feet for farm buildings; 35 feet for other structures, except as hereinafter modified.
(B) Exceptions. Height limitations shall be increased 100% when applied to the following structures: church spires, belfries; cupolas and domes which do not contain usable space; monuments; water towers; fire and hose towers; observation towers; flag poles, chimneys; parapet walls extending not more than 3 feet above the limiting height of the building; cooling towers; elevator penthouses; and farm silos.
(C) Conditional use permits. Heights in excess of those allowed under this section and other sections shall be permitted only by conditional use permit granted by resolution of the Council determining that such structure would not be dangerous and would not adversely affect adjoining or adjacent property. Conditional use permits granting increased building height shall require setbacks from residential lots at least equal to the height, and the distance between 2 principal buildings must be no less than one-half the sum of the heights of the 2 structures.
(D) Sloping lots. On any lot sloping downhill from the street, which has an average ground slope on that portion of the lot to be occupied by the main building of 25% or more (measured in the general direction of the side lot lines) an additional 12 feet of height may be permitted in such main building, provided the lowest floor shall not be less than 10 feet below the average established property line grades along the front of the lot. The floor of the basement shall be considered the lowest floor and a cellar floor shall not be counted.
(Prior Code, § 902.11)
§ 153.031 ACCESSORY BUILDINGS AND STRUCTURES.
(A) Residential Zone parcels.
(1) No accessory building prior to principal building. No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot prior to the time of construction of the principal building to which it is accessory except a private garage, which prior to construction of the residence can be used only for storage purposes continuing to and until the completion of the principal structure.
(2) Garage on side street. Whenever a garage is so designed that it is to be entered directly from a side street or alley, the distance between the doors and the lot line shall be 18 feet or more.
(3) Setback. The accessory building shall comply with the zoning district in which it is located. An accessory building not requiring a building permit shall be setback 10 feet from property lines. No accessory building shall be located in the front yard regardless of size.
(4) Location. No accessory building shall be located in a front yard or within a utility easement.
(5) Height. No accessory building shall exceed 20 feet in height.
(6) Size. No size limitation shall exist on accessory buildings except that all accessory buildings shall meet the set back restrictions in the underlying zoning district, shall meet the requirements of § 153.026(F), and shall otherwise comply with the requirements of Chapter 153.
(7) Building permit required. A building permit shall be required for any accessory building over 120 square feet in size.
(8) Design. The architectural design and appearance of all accessory buildings and structures shall be consistent with the primary structure and with surrounding buildings and structures, including similar material, material design, color and texture.
(9) Tool sheds, garden sheds and similar buildings used for storage of domestic supplies and noncommercial recreational equipment which are less than 120 square feet in size are not subject to the design requirements under division (A)(8) of this section and shall be prefabricated, fully enclosed structures, or structures constructed with fully enclosed wood or metal frames with sheathing or siding, and shingled roofs.
(B) Agricultural Zoned parcels.
(1) No accessory building prior to principal building. No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot prior to the time of construction of the principal building to which it is accessory except:
(a) A private garage, which prior to construction of the residence can be used only for storage purposes continuing to until the completion of the principle structure; and
(b) Structures to be used strictly for the purposes of farming operations located on parcels actively farmed.
(2) Setback. Except as hereinafter modified, minimum setbacks for accessory buildings shall be 40 feet from side lot lines and 50 feet from rear property lines. The minimum setback for any accessory building used for animal purposes shall be 60 feet from the side and rear property lines. No accessory building shall be located within the front yard or within a utility easement.
(3) Height. No accessory building shall exceed 35 feet in height.
(4) Size. The total square footage of an accessory building or combination of accessory buildings cannot exceed 6,000 square feet.
(5) Design. The architectural design and appearance of all buildings and structures shall be consistent with surrounding buildings and structures. The use of alternative materials including steel shall be permitted provided that all buildings and structures are of a similar or complimentary color.
(6) Completion. The exterior finish and roofing materials of detached accessory buildings must be completed within 1 year of the date that the building permit was issued, provided it is consistently worked on.
(C) Commercially zoned parcels.
(1) No accessory building prior to principal building. No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot prior to the time of construction of the principal building and can be used only for storage purposes continuing to and until the completion of the principal structure.
(2) Accessory building on side street. Whenever an accessory building is so designed that it is to be entered directly from a side street or alley, the distance between the doors and the lot line shall be 18 feet or more.
(3) Setback. The accessory building shall comply with the zoning district in which it is located. An accessory building not requiring a building permit shall be setback 10 feet from side and rear property lines. No accessory building shall be located in the front yard regardless of size.
(4) Location. No accessory building shall be located in a front yard or within a utility easement.
(5) Height. No accessory building shall exceed 20 feet in height.
(6) Size. No size limitation shall exist on accessory buildings except that all accessory buildings shall meet the setback restrictions in the underlying zoning district, shall meet the requirements of § 153.026(F), and shall otherwise comply with the requirements of Chapter 153.
(7) Building permit required. A building permit shall be required for any accessory building over 120 square feet in size.
(8) Design. The architectural design and appearance of all accessory buildings and structures shall be consistent with the primary structure and with surrounding buildings and structures, including similar material, material design, color and texture.
(9) Tool sheds, garden sheds and similar buildings used for storage which are less than 120 square feet in size are not subject to the design requirements under division (C)(8) of this section and shall be prefabricated, fully enclosed structures, or structures constructed with fully enclosed wood or metal frames with sheathing or siding, and shingled roofs.
(D) Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.
(Ord. 2009-5-1, passed 5-12-2009; Am. Ord. 2014-8-2, passed 8-13-2014; Am. Ord. 2016-2-1, passed 2-9-2016; Am. Ord. 2016-8-2, passed 8-23-2016; Am. Ord. 2016-11-1, passed 11-9-2016; Am. Ord. 2020-12-8, passed 12-8-2020)
§ 153.032 FENCE REQUIREMENTS.
(A) Purpose. A fence shall be defined as any partition, structure, wall, or gate erected to serve as a dividing marker, enclosure, physical barrier, or visual barrier.
(B) Materials. All fences built or maintained shall be constructed of materials capable of providing a finished appearance on the outward side visible to the public. All materials used to construct the fence shall be sound materials, resistant to rot, and capable of accepting and maintaining a visually attractive appearance. Fences shall be constructed of the following materials:
(1) Wood;
(2) Simulated wood;
(3) Chain link;
(4) Decorative brick or stone;
(5) Wrought iron or aluminum designed to simulate wrought iron;
(6) Split rail;
(7) Vinyl; or
(8) Other materials or fence types as approved by the Planning Commission.
(C) Location and height in residential districts. In the following residential districts: R1, R2, R3-A, and R3-B, fences may be constructed up to a height of 3 1/2 feet and placed anywhere on a lot including the front yard following traffic visibility requirements in division (D) of this section. Any fence over 3 1/2 feet and up to a maximum of 6 feet in height may be located on the rear property line and side property lines, as long as it meets the requirements of division (G) of this section, but may not extend beyond the front most portion of the building line adjacent to the side property line, or closer than 35 feet from the curb or edge of paved or improved portion of the street, whichever is greater. Where a property line is not clearly defined, a certificate of survey shall be required to establish the location of the property line.
(D) On a corner lot, no fence or landscaping shall be placed in such a manner so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any driveway or street right-of-way. No fence, structure or planting shall be permitted above a height of 3 feet, measured from where both street centerlines intersect within the triangle described as beginning at the intersection of the projected curb line, or edge of paved portion of roadway if no curbs exist, of 2 intersecting streets, thence 35 feet along one curb line, or edge of paved portion of roadway if no curbs exist, thence diagonally to a point 35 feet from the point of beginning along the other curb line. These requirements shall not apply to conditions of this chapter that legally existed prior to June 14, 2011, unless the Zoning Administrator determines that such conditions constitute a safety hazard.
(E) Location and height in non-residential districts, including commercial, industrial, agricultural, park and open space. Except as set forth below, in non-residential districts, fences may be located on the property line and may be constructed up to a height of 6 feet. If the fence includes a security arm for barbed wire, the maximum height, including the security arm for barbed wire, may be 8 feet tall. Fences allowed in conjunction with alternative energy systems, pursuant to § 153.034, may be constructed up to a height of 8 feet. The city will require compliance with the requirements of division (C) of this section for fences constructed on or near a property line, and one that adjoins a residential district.
(F) Fences of appropriate height for athletic fields are allowed in the park district as determined by sanctioning athletic association regulations and approved by the Planning Commission.
(G) Placement of fences along property lines. Fences may be located upon the division line of the respective properties based on the following:
(1) Where a property line is not clearly defined, a certificate of survey shall be required to establish the location of the property line;
(2) Fences shall be located at least 2 feet from the lot lines; unless when located along the property line the abutting property owners written consent is obtained, and provided no physical damage of any kind results to abutting property; and
(3) Fences shall not restrict drainage. A solid wall style fence may exceed its allowable height by 4 inches to facilitate drainage.
(H) Maintenance. The owner of the property on which a fence is located shall maintain both sides of the fence. Every fence shall be maintained in a condition of reasonable repair and shall not by reason of age, decay, accident or otherwise be allowed to become and remain in a state of disrepair. Should the fence become a nuisance, the owner shall be subject to all legal remedies allowable.
(I) Permits. No person, firm, or corporation shall hereafter construct or cause to be constructed or erected within the city any fence without first securing a fence permit from the City Clerk. The applicant shall certify that the fence will meet all requirements of the city code relating to the height, placement, and type of material. The applicant shall also certify that in the event of any improper placement of the fence the applicant shall relocate the fence within 1 week from notice thereof by the city. Any cost incurred for the relocation shall be the sole responsibility of the applicant.
(J) Fences in Agriculture (AG), Rural Residential-Agriculture (RR-A), Rural Residential-I (RR-I), Rural Residential-II (RR-II), and Rural Transit Center (RTC) Districts are subject to the following:
(1) No fences shall be permitted on public right-of-way.
(2) Fences may be placed along property lines provided no physical damage of any kind results to abutting property. The entire fence, including any post footings must be entirely within the fence owner's property.
(3) Property owner shall locate and expose property pins to verify property line location, or if property pins cannot be found, the property owner shall have the property corners identified and marked by a licensed surveyor in the State of Minnesota.
(4) Fences over 6 feet in height from the finished grade shall require a building permit in addition to any other required permits.
(K) Fences in Rural Residential-Agriculture (RR-A) District are subject to the following:
(1) Chain link, livestock, or similar wire fences may exceed 6 feet in height.
(L) Fences in Rural Residential-I (RR-I) and Rural Residential-II (RR-II) districts are subject to the following:
(1) The side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property.
(2) Fences may be located on side or rear lot lines to a height of 4 feet above the finished grade.
(3) Fences which meet side and rear setback requirements, including setback from ordinary high-water mark, shall not exceed 6 feet in height.
(4) Fences within the front non-buildable setback area shall not exceed 36 inches in height, except chain link fences, which do not obstruct vehicular sight lines, may be 5 feet in height.
(M) Fences in Rural Transit Center (RTC) Districts are subject to the following:
(1) Fences may be erected on the lot line to a height of 8 feet from finished grade.
(Ord. 2011-6-4, passed 6-14-2011; Am. Ord. 2013-9-2, passed 9-10-2013; Am. Ord. 2016-4-1, passed 4-12-2016; Am. Ord. 2016-5-6, passed 5-24-2016; Am. Ord. 2023-9-3, passed 9-12-2023; Am. Ord. 2024-11-3, passed 11-12-2024)
§ 153.033 HOME OCCUPATIONS.
(A) Purpose. The purpose of this section is to provide for the use of the home as a place for the operation of a business or profession provided the occupation is clearly secondary to the principal use of the home as a residence, and does not alter the character or appearance of the home or neighborhood. Home occupations are permitted in Residential and Agricultural Districts.
(B) Permitted home occupations. Home occupations do not require a permit if all of the following conditions are met:
(1) Do not require use of a garage.
(2) Do not require additional parking.
(3) Does not require an accessory building.
(4) Does not use hazardous materials as defined by the MPCA.
(5) Does not generate a noticeable increase in traffic.
(C) Interim use permit. Homes occupations which have the potential for generating a noticeable increase in traffic beyond typical residential trips per day, require additional parking, or require the use of an accessory building or garage shall require an interim use permit in accordance with § 153.190. Home occupations such as barbershops, beauty salons, repair shops, clothing shops, bed-and-breakfast inns, schools, and similar uses determined by the Planning Commission shall require an interim use permit. Motor vehicle repair shall be permitted with an interim use permit only in the RR-A, RR-I, RR-II, and AG Districts.
(D) Performance standards. All home occupations shall conform to the following standards:
(1) Conduct of the home occupation does not require alterations to the exterior of the residence which substantially alters the appearance of the dwelling as a residence;
(3) No outdoor display of storage or goods, except up to 3 motor vehicles waiting repair(not to exceed 30 days);
(4) Any additional need for parking generated by the home occupation shall be met by off-street parking. The parking area shall be limited to 3 spaces;
(6) Should the home occupation be repair or manufacturing, the items repaired or manufactured shall be of a size or nature that repairs or manufacturing can occur within the home, or an accessory structure to the principal use with all doors closed;
(7) An accessory structure may be utilized in conjunction with the home occupation only for purposes of holding equipment used off the site, repair or manufacturing items pursuant to division (D)(6) above, and/or for the storage of goods or articles produced or used by the occupant of the principle structure; and
(8) The home occupation shall not generate sewage of a nature or type that cannot be treated by a standard on-site sewage system or hazardous wastes without an approved plan for off-site disposal.
(9) No outside storage is permitted.
(E) General restrictions.
(1) Customer visits related to the home occupation shall be allowed only during the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday. Deliveries and pickups related to the home occupation shall only be allowed during the hours of 8:00 a.m. to 6:00 p.m. Monday though Saturday.
(2) Deliveries for home occupations shall be limited to 2 delivery or pickup trips per day.
(3) The number of customer or client trips allowed shall not exceed 8 per day (1 trip= 1 drop off and 1 pickup).
(F) Special exceptions for Rural Business Overlay District. Special exception home occupation permits are available to those parcels zoned Rural Business Overlay District, generally located along Forest Boulevard and are north of 340th Street and south of 360th Street. Performance standards are specified in § 153.064(F). Signage shall comply with requirements in § 153.090 et seq.
(Ord. 2009-5-1, passed 5-12-2009; Am. Ord. 2024-9-2, passed 9-10-2024)
§ 153.034 ALTERNATIVE ENERGY SYSTEMS.
(A) Purpose and intent. The purpose and intent of this section is to establish standards and procedures by which the installation and operation of wind and solar energy systems shall be governed within the city. The city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation, while not having an adverse impact on the community.
(B) Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY. A system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption.
ALTERNATIVE ENERGY SYSTEM. A wind energy conversion system, geothermal, or a solar energy system.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building, including but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.
GEOTHERMAL ENERGY. Renewable energy generated from the interior of the earth and used to produce energy for heating and/or cooling buildings.
GROUND-MOUNTED PANELS. Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus.
GROUND SOURCE HEAT PUMP SYSTEM (GSHPS). A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on-site.
HEAT TRANSFER FLUID. A non-toxic and food-grade fluid, such as potable water, aqueous solutions or propylene glycol, not to exceed 20% by weight, or aqueous solutions of potassium acetate to exceed 20% by weight.
HORIZONTAL AXIS WIND TURBINE. A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground.
HUB. The center of a wind generator rotor, which holds the blades in place and attaches to the shaft.
HUB HEIGHT. The distance measured from natural grade to the center of the turbine hub.
MONOPOLE TOWER. A tower constructed of tapered tubes that fit together symmetrically and are stacked, one section on top of another, and bolted to a concrete foundation without support cables.
PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.
RESIDENTIAL WIND TURBINE. A wind turbine with a nameplate generating capacity of 10 kilowatts (kW) or less.
ROOF- OR BUILDING-MOUNTED SES. Solar energy system (panels) that is (are) mounted to the roof or building using brackets, stands or other apparatus.
ROOF PITCH. The final exterior slope of a building roof calculated by the rise over the run, typically, but not exclusively, expressed in twelfths, such as 3/12, 9/12, 12/12.
SOLAR ACCESS. A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon
which the solar collector is located, between the hours of 9:00 a.m. and 3:00 p.m. on any day of the year.
SOLAR COLLECTOR. A device, structure or a part of a device or structure whose primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM (SES). An active SOLAR ENERGY SYSTEM that collects or stores solar energy, and transforms solar energy into another form of energy, or transfers heat from a collector to another medium using mechanical, electrical, or chemical means.
SOLAR HOT WATER SYSTEM. A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.
STORMWATER POND. A pond created for stormwater treatment. A STORMWATER POND shall not include wetlands created to mitigate the loss of other wetlands.
TOTAL HEIGHT. The highest point above natural grade reached by rotor tip or any other part of the wind turbine.
TOWER. A vertical structure that supports a wind turbine.
VERTICAL AXIS WIND TURBINE. A type of wing turbine where the main rotor shaft runs vertically.
WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility that consists of a wind turbine, feeder line(s), and associated controls, and may include a tower.
WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devises to capture the wind.
(C) Wind conversion energy system (WECS) standards.
(1) Zoning districts. Residential wind turbines (only vertical-axis style permitted) shall be allowed as an accessory us in all residential districts, excluding the Mobile Home Park District.
(2) Number. No more than one WECS is allowed per parcel.
(3) Design standards.
(a) Height. The permitted maximum height of a WECS shall be determined on the type of system proposed.
1. Residential wind turbines. Residential wind turbines can only be building-mounted at a maximum height of 15 feet above the roofline of the principal structure. All residential wind turbines shall be of the vertical-axis style; the height shall not exceed the maximum allowable height for the district.
2. The structure upon which the proposed WECS is to be mounted shall have the structural integrity to carry the weight and wind loads of the WECS, and have minimal vibration impacts on the structure.
3. Poles shall match the color of the principal structure.
(b) Setbacks for building-mounted. A building- or roof-mounted, vertical-axis-style WECS shall be located only on the side or rear rooflines.
(c) Easements. Wind energy systems shall not encroach on public drainage, utility roadway or trail easements.
(d) Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel.
(e) Aesthetics. All portions of the wind energy system shall be a nonreflective, non-obtrusive color, subject to the approval of the City Council. The appearance of the turbine, mounting, and any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards. Systems shall not be used for displaying any advertising, except for applicable warning and equipment information required by the manufacturer or by federal, state or local regulations. Systems shall not be illuminated.
(4) Noise. Wind energy systems shall comply with Minnesota Pollution Control Agency Standards, as outlined in Minn. Rules Chapter 7030, at all property lines.
(5) Safety.
(a) Standards. Wind energy systems shall meet minimum standards, such as International Electrotechnical Commission (IEC) 61400-2 or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard, or other standards at determined by the City Council.
(b) Maintenance. Wind energy systems shall be maintained under an agreement or contract by the manufacturer or other qualified entity.
(c) Braking. The WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS operation in high winds.
(6) Utility connection. All grid-connected systems shall have an agreement with the local utility prior to the issuance of a conditional use permit or building permit. A visible external disconnect must be provided if required by the utility.
(7) Abandonment. If the wind energy system remains nonfunctional or inoperative for a continuous period of 1 year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure, including foundations to below natural grade and transmission equipment.
(8) Permits. A conditional use permit shall be obtained for any wind energy system prior to installation. All applications shall be accompanied by detailed plans and specifications, including but not limited to, the following information:
(b) Scaled drawings and photographic perspectives accurately depicting the structure of the proposed location of the WECS and its relationship to structures on adjacent lots.
(c) A written certification from a licensed structural engineer that the structure has the structural integrity to carry the weight and wind loads of the WECS, and have minimal vibration impacts on the structure.
(d) An analysis from a licensed engineer showing how the WECS shall be designed, constructed and operated in compliance with all applicable federal, state and local laws, codes, standards and ordinances.
(e) A written certification from a licensed engineer confirming that the WECS is designed to not cause electrical, radio frequency, television and other communication signal interference.
(f) Roof-mounted WECS shall include detailed plans illustrating roof construction, mounting techniques and wind load capacity.
(D) Solar energy systems.
(1) Districts. Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts.
(2) Placement and design.
(a) Height.
1. Roof- or building-mounted SES shall not exceed the maximum allowed height in any zoning district.
2. Ground-mounted SES shall not exceed the height of an allowed accessory structure within the zoning district when oriented at maximum tilt.
(b) Placement.
1. Ground-mounted SES. Ground-mounted SES must meet the accessory structure setback for the zoning district in which it is installed.
2. Roof- or building-mounted SES. The collector surface and mounting devices for roof- or building-mounted SES shall not extend beyond the required setbacks of the building on which the system is mounted.
(c) Coverage. Ground-mounted SES may not exceed the area restrictions placed on accessory structures within the subject zoning district.
(d) Visibility.
1. General. SES shall be designed to blend into the architecture of the building or be screened from routine view from public rights-of-way. The color of the solar collector is not required to be consistent with other roofing materials.
2. Building-integrated solar energy systems. Building-integrated solar systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the zoning district in which the building is located.
3. Ground-mounted solar energy systems. Ground-mounted SES shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping.
(3) General standards.
(a) Notification. Prior to the installation or erection of a SES, the owner must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this requirement.
(b) Feeder lines. Any lines accompanying a SES, other than those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying an SES can be attached.
(c) Commercial. All SES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total on-site demand may be sold to the owner's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation.
(d) Restriction of solar energy systems limited. No homeowner's agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision shall restrict or limit solar systems to a greater extent than the city's renewable energy ordinance.
(4) Abandonment. A SES that is allowed to remain in a nonfunctional or inoperative state for a period of 12 consecutive months, and that is not brought in operation within the time specified by the city, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the owner.
(5) Permits. A conditional use permit shall be obtained for any solar energy system prior to installation. All applications shall be accompanied by detailed plans and specifications, including but not limited to, the following information:
(b) Scaled drawings and photographic perspectives accurately depicting the structure of the proposed location of the SES and its relationship to structures on adjacent lots.
(c) A written certification from a licensed engineer certifying that the SES will not impact neighboring properties due to glare.
(d) An analysis from a licensed engineer showing how the SES shall be designed, constructed and operated in compliance with all applicable federal, state and local laws, codes, standards and ordinances.
(e) A written certification from a licensed engineer confirming that the SES is designed to not cause electrical, radio frequency, television and other communication signal interference.
(f) Roof-mounted SES shall include detailed plans illustrating roof construction, mounting techniques and wind load capacity.
(E) Geothermal energy systems.
(1) Districts. Ground source heat pump systems (GSHPS) shall be allowed as an accessory use in all zoning districts.
(2) Placement and design.
(a) Placement.
1. All components of GSHPS, including pumps, borings and loops, shall be set back at least 5 feet from interior and rear lot lines, or meet the requirements of the underlying zoning district, whichever is more restrictive.
2. All components of GSHPS shall not encroach on easements.
3. GSHPS are prohibited in surface waters, except for stormwater ponds where they are permitted.
(b) Design. Only closed loop GSHPS utilizing Minnesota Department of Health-approved heat transfer fluids are permitted.
(3) General standards.
(a) Noise. GSHPS shall comply with Minnesota Pollution Control Agency standards outlined in Minn. Rules Chapter 7030.
(4) Abandonment. A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of 12 consecutive months, and that is not brought in operation within the time specified by the city, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the owner.
(5) Permits. A conditional use permit shall be obtained for any geothermal energy system prior to installation. All applications shall be accompanied by detailed plans and specifications, including but not limited to, the following information:
(b) Scaled drawings and photographic perspectives accurately depicting the structure of the proposed location of the GSHPS and its relationship to structures on adjacent lots.
(c) A written certification from a licensed engineer certifying that the GSHPS will not impact neighboring properties.
(d) An analysis from a licensed engineer showing how the GSHPS shall be designed, constructed and operated in compliance with all applicable federal, state and local laws, codes, standards and ordinances.
(F) General provisions.
(1) Interpretation. In interpreting this section and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety, and general welfare. This section shall be construed broadly to promote the purposes for which it was adopted.
(2) Conflict. This section is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided herein. If any provision of this section imposes restrictions different from any other ordinance, rule or regulation, statue or provision of law, the provision that is more restrictive or imposes higher standards shall control.
(Ord. 2013-9-2, passed 9-10-2013; Am. Ord. 2023-8-2, passed 8-8-2023)
§ 153.035 ACCESSORY DWELLING UNITS (ADU).
(A) Purpose and intent. The purpose and intent of this section is to establish standards and procedures by which ADUs are governed by the city to provide uses that are appropriate, safe, sanitary and attractive.
(B) Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY DWELLING UNIT (ADU). An un-rented additional dwelling unit that is subordinate to a single-family dwelling consisting of bedroom, living space, bathroom and kitchen that is 500 square feet or less. An ADU may be within or attached to a single-family dwelling, or detached in a separate accessory building on the same lot as a single-family dwelling.
CHILD CARE PROVIDER. A person providing child care services to the children residing in the primary structure.
FARM WORKER. A person providing land and/or animal maintenance assistance to a person residing in the primary structure.
HEALTH CARE PROVIDER. A person providing personal care services to a person residing in the primary structure on the property.
(C) Accessory Dwelling Unit Standards (ADU). Zoning Districts.
(1) Residential Zone Parcels.
(a) ADUs will be allowed as an accessory use in the R-1 (Single Family Residential) District. Allowed use by family members, health care providers, or child care providers only.
(b) ADUs will be allowed as an accessory use in the R-2 (One and Two Family Residential) District;
1. If lot contains only 1 single-family structure.
2. Allowed use by family members, health care provider, or child care providers only.
(c) No ADU is allowed prior to principal building.
(d) No variances shall be granted for an accessory dwelling unit.
(e) Number. Only 1 accessory dwelling unit may be created per parcel.
(f) Permits. A Conditional Use Permit (CUP) shall be obtained for any permanent ADU. An Interim Use Permit (IUP) shall be obtained for any temporary ADU. All applications shall be accompanied by detailed plans and specifications including, but not limited to submissions required pursuant to § 153.192 of the city code.
(g) Design standards.
1. Setbacks. The ADU shall comply with the zoning standards for a principal structure setback in the zoning district in which it is located.
2. Forty percent landscape requirement. In no event shall off-street parking spaces, structures of any type, buildings, or other features cover more than 60% of the lot area resulting in less than 40% landscaped in residential districts.
3. Utility connection. The ADU must be connected to city water and sewer if available or to a private septic system and private well if city water and sewer are not available. Temporary holding tanks, compost toilets, or burning toilets are not allowed.
4. Design. The architectural design and appearance of all permanent ADU's shall be consistent with the primary structure and with surrounding buildings and structures, including similar material, material design, color and texture.
5. Park models allowed. Park models, also known as recreational park trailers, are small houses built on a chassis with wheels. Park models are allowed if firmly attached to the ground as approved by the City Engineer.
6. Not allowed. Motor homes, camping trailers, pop up trailers, or temporary offices, except for temporary construction offices as provided for in § 153.031(A)(1).
(2) Agricultural Zoned Parcels.
(a) ADUs will be allowed in the A (Agriculture) District.
1. Allowed use by family members, health care providers, child care providers, and farm workers only.
2. No ADU is allowed prior to principal building.
(b) Number. No more than 1 ADU is allowed per parcel.
(c) No variances shall be granted for an accessory dwelling unit.
(d) Permits. A Conditional Use Permit (CUP) shall be obtained for any permanent ADU. An Interim Use Permit (IUP) shall be obtained for any temporary ADU. All applications shall be accompanied by detailed plans and specifications including, but not limited to submissions required pursuant to § 153.192 of the city code.
(e) Design standards:
1. Setbacks. The ADU shall comply with the zoning district in which it is located.
2. Forty percent landscape requirement. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than 60% of the lot area resulting in less than 40% landscaped in residential districts.
3. Utility connection. The ADU must be connected to city water and sewer if available or to a private septic system and private well if city water and sewer are not available. Temporary holding tanks, compost toilets, or burning toilets are not allowed.
4. Design. The architectural design and appearance of all permanent ADU's shall be consistent with the primary structure and with surrounding buildings and structures, including similar material, material design, color and texture.
5. Allowed. Park models, also known as recreational park trailers, are small houses built on a chassis with wheels. Park models are allowed if firmly attached to the ground as approved by the City Engineer; or temporary office structures are allowed and must be firmly attached to the ground.
6. Not allowed. Motor homes, camping trailers, or pop up trailers.
(3) Unit occupancy. The total combined occupancy of the principal dwelling unit and the accessory dwelling unit shall not exceed the definition of a family in this title.
(4) Parking provisions. The principal structure and ADU must comply with the zones parking requirements. If a park model trailer is used, it does not count for the 1 allowable RV.
(5) General ordinance provisions.
(a) Interpretation. In interpreting this section and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety, and general welfare. This section shall be construed broadly to promote the purposes for which it was adopted.
(b) Conflict. This section is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided herein. If any provision of this section imposes restrictions different from any other ordinance, rule or regulation, statue or provision of law, the provision that is more restrictive or imposes higher standards shall control.
(c) Severability. If any part of provision of this section or its application to any developer or circumstance is judged invalid by a competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or application of them to other developers or circumstances.
(Ord. 2016-10-2, passed 10-11-2016; Am. Ord. 2019-8-3, passed 8-13-2019)
153.036 CANNABIS REGULATIONS.
(A) Administration.
(1) Findings and purpose. The city makes the following legislative findings:
(a) The purpose of this section is to implement the provisions of M.S. Ch. 342, which authorizes the city to protect the public health, safety, and welfare of city residents by regulating cannabis businesses within the legal boundaries of the city.
(b) The city finds and concludes that the proposed provisions are appropriate and lawful land use regulations for the city, that the proposed amendments will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.
(2) Authority and jurisdiction.
(a) The city has the authority to adopt this section pursuant to:
1. M.S. § 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business, provided that such restrictions do not prohibit the establishment or operation of cannabis businesses.
2. M.S. § 342.22, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses.
3. M.S. § 152.0263, Subd. 5, regarding the use of cannabis in public places.
4. M.S. § 462.357, regarding the authority of a local authority to adopt zoning ordinances.
(b) Section shall be applicable to the legal boundaries of the city. The city has delegated cannabis retail registration authority to Chisago County. However, the city may adopt ordinances under divisions (C) and (D) if Chisago County has not adopted conflicting provisions.
(3) Severability. If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.
(4) Enforcement. The City Council will choose a designee. The designee is responsible for the administration and enforcement of this section. Any violation of the provisions of this section or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this section can occur regardless of whether or not a permit is required for a regulated activity listed in this section.
(5) Definitions. Unless otherwise noted in this section, words and phrases contained in M.S. § 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meaning in this section.
CANNABIS CULTIVATION. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office.
CANNABIS DELIVERY. A business licensed or endorsed by the State of Minnesota to perform activities under this classification, including purchasing cannabis, cannabis products, and hemp products from retailers or cannabis businesses with retail endorsements for transport and delivery to specific customers who have pre-ordered cannabis.
CANNABIS EVENT. A temporary cannabis event lasting no more than 4 days organized by a cannabis event organizer licensed by the State of Minnesota.
CANNABIS MANUFACTURER. A business licensed or endorsed by the State of Minnesota to perform activities under this classification, including manufacturing cannabis and hemp products and packaging such products for sale to a licensed cannabis retailer.
CANNABIS RETAIL BUSINESSES. A retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, (and/excluding) lower-potency hemp edible retailers.
CANNABIS RETAILER. Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. A business licensed or endorsed by the State of Minnesota to perform activities under this classification, including selling immature cannabis plants and seedlings, cannabis products, hemp products, and other products authorized by law to a consumer and not for resale in any form. This definition includes such state-licensed cannabis businesses as cannabis retailers, cannabis mezzobusinesses endorsed for retail operations, cannabis microbusinesses endorsed for retail operations, and medical cannabis combination businesses, all as set forth in M.S. Ch. 342. This definition does not include businesses licensed as lower-potency hemp edible retailers.
CANNABIS TRANSPORTER. A business licensed or endorsed by the State of Minnesota to perform activities under this classification, including transporting immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products to licensed cannabis businesses.
CANNABIS WHOLESALER. A business licensed or endorsed by the State of Minnesota to perform activities under this classification, including purchasing and/or selling immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from another licensed cannabis business.
CITY. The City of Stacy.
COUNTY. Chisago County.
DAYCARE. A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
LOWER POTENCY HEMP EDIBLE. As defined under M.S. § 342.01, Subd. 50.
LOWER-POTENCY HEMP EDIBLE MANUFACTURER. A business licensed or endorsed by the State of Minnesota to perform activities under this classification, including manufacturing and packaging lower-potency hemp edibles, as defined under M.S. § 342.01, Subd. 50, for consumer sale, and sell hemp concentrate and lower-potency hemp edibles to other cannabis and hemp businesses.
OFFICE OF CANNABIS MANAGEMENT. Minnesota Office of Cannabis Management, referred to as "OCM" in this section.
PLACE OF PUBLIC ACCOMMODATION. A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.
PRELIMINARY LICENSE APPROVAL. OCM pre-approval for a cannabis business license for applicants who qualify under M.S. § 342.17.
PUBLIC PLACE. A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation.
RESIDENTIAL TREATMENT FACILITY. As defined under M.S. § 245.462, Subd. 23.
RETAIL REGISTRATION. An approved registration issued by Chisago County to a state-licensed cannabis retail business.
SCHOOL. A public school as defined under M.S. § 120A.05 or a non-public school that must meet the reporting requirements under M.S. § 120A.24.
STATE LICENSE. An approved license issued by the State of Minnesota's Office of Cannabis Management to a cannabis retail business.
(B) Registration of cannabis businesses.
(1) Consent to registering of cannabis businesses.
(a) No individual or entity may operate a state-licensed cannabis retail business within the city without first registering with Chisago County.
(b) Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration shall incur a civil penalty in an amount established in the Chisago County fee schedule.
(2) Compliance checks prior to retail registration. Prior to issuance of a cannabis retail business registration, Chisago County may conduct a preliminary compliance check to ensure compliance with local ordinances.
(C) Requirements for cannabis businesses.
(1) Land use buffer.
(a) Cannabis product sales are prohibited from locating or operating within the following prescribed buffer distances. Measurements are to be made in a straight line, without regard to city or county boundaries, intervening structures, or objects, from the nearest point of the approved premises containing the cannabinoid use to the nearest point of the following prescribed facility or building:
1. 1,000 feet of a school (including public/non-public school, college, proprietary college, or university);
2. 500 feet of a licensed daycare;
3. 500 feet of a residential treatment facility;
4. 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field;
5. 500 feet of another cannabis retail business;
6. 500 feet of a local or regional public trail that is regularly used by minors;
7. 500 feet of a hospital, clinic, assisted living facility, rehabilitation facility, or psychiatric or counseling center, office or business;
8. 500 feet of a residential home, group home, or ground floor apartment;
9. 1,000 feet of a place of worship, church, or religious institution; community center; fairgrounds; event center; residential shelter, or similar place of public accommodation or gathering place as determined by the Zoning Administrator.
(b) Pursuant to M.S. § 462.357, Subd. 1e, nothing in division (C)(1)(a) shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if the above buffered uses moves within the minimum buffer zone.
(2) Zoning and land use.
(a) Industrial (I) and Light Industrial (LI). The following cannabis license types are permitted as a conditional use in these districts:
1. Cannabis microbusiness, mezzobusiness, and medical cannabis combination licenses, provided there is no retail of cannabis or cannabis products directly to consumers at the location. Activities shall include cultivating cannabis, manufacturing cannabis and hemp products, and packaging cannabis products for sale to another licensed merchant. Medical cannabis combination businesses may also transport adult-use cannabis and medical cannabis and deliver medical cannabis to patients.
2. Cannabis cultivator license. Activities shall include cannabis cultivation and packaging such cannabis for sale to another licensed cannabis business.
3. Cannabis manufacturing license. Activities shall include manufacturing cannabis and hemp products and packaging such products for sale to another licensed business.
4. Cannabis wholesaler license. Activities shall include the purchase and/or sale of immature cannabis plants and seedlings, cannabis, cannabis and hemp products from another licensed cannabis business. Wholesalers may also import hemp-derived consumer products and lower-potency hemp edibles.
5. Cannabis transporter license. Activities shall include the transport of immature cannabis plants and seedlings, cannabis, cannabis and hemp products to licensed cannabis businesses.
6. Cannabis testing facility license. Activities shall include obtaining and testing immature cannabis plants and seedlings, cannabis, cannabis and hemp products from licensed cannabis businesses.
7. Cannabis delivery service license. Activities shall include the purchase of cannabis, cannabis products, and hemp products from retailers or cannabis businesses with retail endorsements for transport and delivery to customers 21 years of age and older.
8. Lower-potency hemp edible (LPHE) manufacturing license. Activities shall include manufacturing LPHE products, packaging these products for consumer sale, and selling hemp concentrate and LPHE edibles to other cannabis and hemp businesses.
(b) Rural Transit Center (RTC). The following cannabis businesses are permitted as a conditional use in this district:
1. Cannabis microbusiness, mezzobusiness, and medical cannabis combination licenses. Activities shall include cultivating cannabis, manufacturing cannabis and hemp products, and packaging cannabis products for sale to customers or another licensed merchant. Microbusinesses may operate a single retail location. Mezzobusinesses may operate up to 3 retail locations. Medical cannabis combination businesses may also transport adult-use cannabis and medical cannabis, deliver medical cannabis to patients, and operate up to one retail location in each congressional district.
2. Cannabis cultivator license. Activities shall include cannabis cultivation and packaging such cannabis for sale to another licensed cannabis business.
3. Cannabis manufacturing license. Activities shall include manufacturing cannabis and hemp products and packaging such products for sale to another licensed business.
4. Cannabis retailer license. Activities shall include the sale of immature cannabis plants and seedlings, cannabis, cannabis products, hemp products, and other products authorized by law to customers 21 years of age and older and to medical patients.
5. Cannabis wholesaler license. Activities shall include the purchase and/or sale of immature cannabis plants and seedlings, cannabis, cannabis and hemp products from another licensed cannabis business. Wholesalers may also import hemp-derived consumer products and lower-potency hemp edibles.
6. Cannabis transporter license. Activities shall include the transport of immature cannabis plants and seedlings, cannabis, cannabis and hemp products to licensed cannabis businesses.
7. Cannabis testing facility license. Activities shall include obtaining and testing immature cannabis plants and seedlings, cannabis, cannabis and hemp products from licensed cannabis businesses.
8. Cannabis event organizer license. Activities shall include organizing a temporary cannabis event lasting no more than four days.
9. Cannabis delivery service license. Activities shall include the purchase of cannabis, cannabis products, and hemp products from retailers or cannabis businesses with retail endorsements for transport and delivery to customers 21 years of age and older.
10. Lower-potency hemp edible (LPHE) Manufacturing license. Activities shall include manufacturing LPHE products, packaging these products for consumer sale, and selling hemp concentrate and LPHE edibles to other cannabis and hemp businesses.
(3) Hours of operation. A cannabis retail business with a license or endorsement authorizing the retail sale of cannabis flower or cannabis products, excluding a lower-potency hemp edible retail business:
(a) May sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products Monday through Saturday 8:00 a.m. to 10:00 p.m. and Sunday 10:00 a.m. through 10:00 p.m.
(b) May not be open to the public or sell any other products at times when the cannabis business is prohibited from selling cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products.
(D) Temporary cannabis events.
(1) Permit required for temporary cannabis events.
(a) A temporary event shall only be held by an event organizer holding a temporary cannabis event license issued by the State of Minnesota.
(b) Permit required. A permit is required to be issued and approved by the city prior to holding a temporary cannabis event.
(2) Registration and application procedure. A registration fee, as established in the city fee schedule, shall be charged to applicants for temporary cannabis events.
(3) Application submittal and review. The city shall require an application for a temporary cannabis event permit.
(a) An applicant for a temporary cannabis event shall fill out an application form, as provided by the city. Said form shall include, but is not limited to:
1. Full name of the property owner and the applicant.
2. Address, email address, and telephone number of the applicant.
3. Location of the event.
4. Type and description of the cannabis event and a list of all activities that will take place at the event.
5. Proposed date(s) of the cannabis event, including starting and end times for each date.
6. Site plan map for the event showing proposed areas to be used, including any barricades, street route plans, or perimeter/security fencing.
7. Estimated number of event staff and attendees.
8. If the applicant is not the property owner, written permission from the owner or agent having authority to permit the use of the property.
9. All crowd control, solid waste disposal, parking, and traffic control plans.
10. If the event is planned within an area in which a street is to be closed, the applicant must collect and submit with the application a list of signatures from all properties whose vehicular access to their properties will be affected, consenting to the street closure.
11. If the event is taking place indoors or outdoors.
(b) The applicant shall include with the form:
1. The application fee as required in division (D)(2);
2. A copy of the OCM cannabis event license application submitted pursuant to M.S. § 342.39, Subd. 2;
3. Certificate of liability insurance covering the dates of the special event.
(c) The permit application shall be submitted to the city, or other designee for review. If the designee determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies.
(d) Once an application is considered complete, the designee shall inform the applicant as such, process the application fees, and forward the permit application to the City Council for approval or denial.
(e) The application fee for the permit shall be non-refundable once processed.
(f) The application for a permit for a temporary cannabis event shall meet the following standards:
1. Consumption. On-site consumption is prohibited at temporary cannabis events.
2. Buffer zones. The city shall prohibit the operation of a temporary cannabis event within the following buffer zones:
a. 1,000 feet of a school (including public/non-public school, college, proprietary college, or university);
b. 500 feet of a daycare;
c. 500 feet of a residential treatment facility;
d. 500 feet of an attraction within a park regularly used by minors, including a playground or athletic field.
e. 500 feet of another cannabis retail business;
f. 500 feet of a local or regional public trail that is regularly used by minors;
g. 500 feet of a hospital, clinic, assisted living facility, rehabilitation facility, or psychiatric or counseling center, office or business;
h. 500 feet of a residential home, group home, or ground floor apartment;
i. 1,000 feet of a place of worship, church, or religious institution; community center; fairgrounds; event center; residential shelter, or similar place of public accommodation or gathering place as determined by the Zoning Administrator.
3. Maximum number of people. The permittee shall not sell tickets nor permit attendance at the permit location of more than the maximum number of people stated in the license.
4. Sound equipment. Sound-producing equipment, including, but not limited to, public address systems, radios, phonographs, musical instruments, and other recording devices, shall not be operated on the premises of the special event so as to be unreasonably loud or be a nuisance or disturbance to the peace and tranquility of the citizens of the city.
5. Sanitary facilities. In accordance with Minnesota State Board of Health regulations and standards local specifications, adequate sanitary facilities must be provided, which are sufficient to accommodate the projected number of people expected to attend the event.
6. Security. The permittee shall employ, at his own expense, such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of people in attendance at the special event and for the preservation of order and protection of property in and around the event site. Security personnel shall generally be off-duty licensed police officers. No permit shall be issued unless the Chisago County Sheriff is satisfied that such necessary and sufficient security personnel will be provided by the permittee for the duration of the event. If deemed appropriate, the Chisago County Sheriff may recommend that the City Council authorize alternate security personnel other than off-duty officers at the applicant's expense.
7. Fire protection. The permittee shall, at his own expense, take adequate steps to ensure fire protection as determined by the Chisago County Sheriff and the Stacy-Lent Fire Department.
8. Duration of special event. The permittee shall operate the special event only on those days and during the hours specified on the permit, which cannot exceed the hours allowed by division (D)(3)(j), and shall not be for more than 4 days.
9. Cleanup plan. The permittee is responsible for cleanup. Any extraordinary clean-up required by the city will be charged to the permittee. Any city service that requires overtime will be at the expense of the applicant.
10. Miscellaneous. Prior to the issuance of a permit, the City Council may impose any other conditions reasonably calculated to protect the health, safety, and welfare of persons, attendants or of the citizens of city.
(g) A request for a temporary cannabis event that meets the requirements of this section shall be approved.
(h) A request for a temporary cannabis event that does not meet the requirements of this section shall be denied. The city shall notify the applicant of the standards not met and the basis for denial.
(i) Temporary cannabis events shall only be held within the Rural Transit Center Zoning District.
(j) Temporary cannabis events shall only be held Monday through Saturday, 8:00 a.m. to 10:00 p.m., and Sunday, 10:00 a.m. to 10:00 p.m.
(k) Temporary cannabis events are limited to 6 per year within the city’s jurisdiction, with no more than 2 events per temporary cannabis event license holder. A temporary cannabis event cannot take place within 20 days of another temporary cannabis event.
(l) Temporary cannabis event applications are handled on a first-come, first-served basis, and events cannot be applied for more than 12 months in advance. Applications must be submitted at least 60 days in advance of the event date.
(E) Lower-potency hemp edibles.
(1) Sale of low-potency hemp edibles. The sale of low-potency edibles is permitted, subject to the conditions within this section.
(2) Zoning districts. Low-potency edible businesses are a permitted use in the following zoning districts:
(a) General Business District (GB);
(b) Central Business District (CB);
(c) Rural Transit Center (RTC).
(3) Additional standards.
(a) Beverages. The sale of low-potency hemp beverages is permitted in places that meet the requirements of this section.
(b) Storage of product. Low-potency edibles, except for low-potency hemp beverages, shall be sold behind a counter and stored in a locked case.
(Ord. 2025-10-4, passed 10-14-2025)