(a)

Development of the mobile home/manufactured housing type creates a heavy demand and reliance on municipal facilities, including roads, sewer, water, and fire protection. In addition these developments are often the most dense in a community requiring heavier streets, more public recreational facilities, and nearby shopping. In addition, all manufactured home developments shall be considered by the residential planned unit development review process.

(b)

The following are minimum standards:

(1)

This use shall be compatible with the MFR zoning districts, and requires public sewer.

(2)

The following minimum development standards must be met:

(c)

Landscaping shall be required on all sites and in the exterior setback area. A landscape plan shall be submitted by the developer or homebuilder for approval by the council.

(Code 2000, § 154.065; Ord. of 10-8-1998)

Development of the campground type is transient in nature and generally is not compatible with shoreland development of the city due to the density at peak usage. No new campgrounds shall be allowed within the city. Legally existing camping facilities, as part of a resort, shall be allowed to continue at the existing size and density.

(Code 2000, § 154.066; Ord. of 10-8-1998)

(a)

Permits. In all districts where permitted, mining shall be allowed only by interim use permit. Such permit shall include, as a condition, a site plan, a completion plan, and a haul route plan with provisions for road restoration.

(b)

Requirements. All excavation and extraction shall conform to the following:

(1)

Distance from property lines. No quarrying operation shall be carried on or any stock pile placed closer than 50 feet from any property line, unless a greater distance is specified by the conditional use permit where such is deemed necessary for the protection of adjacent property.

(2)

Distance from public right-of-way. In the event that the site of the mining or quarrying operation is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than 50 feet to the nearest line of such right-of-way.

(3)

Equipment. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise, and vibration. Power drives or power producing machinery not including vehicles shall not be housed or operated less than 1,000 feet from any residence. A new residence shall take precedence over any existing extractive use operation.

(4)

Processing. Crushing, washing, and refining or bituminous production or other similar processing may be authorized by conditional use permit as an accessory use; provided, however, that such accessory processing shall not be in conflict with the use regulations of the district in which the operation is located. Processing shall only be permitted in the LDR or I district. Processing equipment shall be a minimum of 200 feet from any lake or stream.

(c)

Rehabilitation. To guarantee the restoration, rehabilitation, and reclamation of mined-out areas, every applicant granted an extraction/mining permit as herein provided shall furnish a performance bond running to the city in an amount of not less than $1,000.00 and not more than $10,000.00 as a guarantee that such applicant, in restoring, reclaiming, and rehabilitating such land and haul road, shall, within a reasonable time and to the satisfaction of the city, meet the following minimum requirements:

(1)

Surface rehabilitation. All excavation shall be made either to a water-producing depth, with a water depth of not less than five feet, or the surface of such area which is not permanently submerged shall be graded or backfilled to contour and shape the peaks and depressions thereof, so as to produce a gently drained surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area. Four inches of black topsoil shall be placed on all areas, except beaches, that will remain above water level. Haul roads will be restored to their condition prior to the beginning of the extractive operation.

(2)

Vegetation. Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of said mining area where such area is not to be submerged under water as hereinabove provided.

(3)

Banks of excavation not backfilled. The banks of all excavations not backfilled shall be sloped not steeper than three feet horizontal to one foot vertical and said bank shall be seeded.

(4)

Additional requirements. In addition to the foregoing, the conditional use permit may impose such other conditions, requirements, or limitations concerning the nature, extent of the use, and operation of such extraction or mining sites as the city may deem necessary for the protection of adjacent properties and the public interest. The said conditions and the amount of the performance bond shall be determined by the city prior to issuance of the permit.

(5)

Haul roads. Haul roads shall be periodically restored to grade, cross-section, and surface present at the beginning of operation. Upon completion of operations, or upon order of the city council, an evaluation shall be made based on the normal anticipated life of the roadway, the early diminution of that life by summation of equivalent nine-ton axle loads, and the anticipated cost of upgrading to a newly overlaid roadway. The operator shall pay the city or forfeit his or her bond in the determined amount.

(d)

Application; contents; procedure. An application for such operation shall require the submittal of all items required for a conditional use permit application and the following additional items:

(1)

The name of the owner or owners of land from which removal is to be made.

(2)

The name of the applicant making request for such a permit.

(3)

The name of the person or corporation conducting the actual removal operation.

(4)

The location, description, and size of the area from which the removal is to be made and the location of processing plant use.

(5)

The type of resources or materials to be removed and the proposed method of removal and whether or not blasting or other use of explosives will be required.

(6)

A description of equipment to be used.

(7)

The method of rehabilitation and reclamation of the borrow area.

(8)

Identification of haul roads, the type of hauling equipment, the haul road restoration plan, and the traffic control plan.

(Code 2000, § 154.067; Ord. of 10-8-1998; Ord. No. 2020-06, § 1, 12-17-2020)

(a)

As conditional uses. Each home occupation established or substantially changed after the effective date of the ordinance from which this chapter is derived shall be considered a conditional use. Due to the normal difference in operation, no conditional use permit (CUP) shall be transferable to a new owner/renter, thus the permit will not run with the property, nor be transferable to a different property.

(b)

Performance standards.

(1)

All business activities, including storage, shall be inside the principal structure.

(2)

All activities shall be customarily incidental to the use of the property for residential purposes. The business owner or employee must be a resident of the dwelling.

(3)

Hours of operation shall be limited by conditional use permit to be compatible with residential use.

(4)

Employees shall be limited by conditional use permit.

(5)

On the premises, retail sales will be allowed only if they are customarily incidental to the primary business use of the premises.

(6)

All activities will be controlled to prevent nuisance problems of noise, vibration, smoke, dust, fumes, or litter.

(7)

Parking adequate for all activities related to the home occupation shall be provided on-site. No on-street parking shall be allowed.

(8)

Signs shall be unlighted and limited to four square feet or less in area and a height of six feet or less to the top of the sign structure. The sign location shall be approved by the planning commission.

(Code 2000, § 154.068; Ord. of 10-8-1998)

(a)

Auto salvage yards are to be allowed only as a service to the community. The use will be considered by conditional use permit review process within the industrial (I) zoning district.

(b)

Performance review standards (in addition to conditional use permit (CUP) review criteria) are the following:

(1)

Parts salvage and sales may be allowed.

(2)

Screening sufficient to block view from 100 feet away is required, considering leaf-off conditions, and shall be provided by the property owner on the subject property.

(3)

A defined perimeter fence must be constructed and maintained in good condition.

(4)

Stacking of vehicles above six feet shall not be allowed.

(5)

No part of the storage or crushing operation shall be allowed in any drainage way or wetland.

(6)

A minimum of 33 feet of frontage on a public road is required.

(7)

Perimeter fencing in addition to the screening shall be required.

(8)

All structures shall be connected to public sewer and water.

(Code 2000, § 154.069; Ord. of 10-8-1998)

No landfills are allowed in the city due to the close proximity to the lakes and streams. Cass County has the responsibility for solid waste disposal. Disposal of trees, stumps, rock, brush, and other natural products by burning and/or burying is allowed on construction sites as determined by the zoning permit and a DNR burning permit, if applicable.

(Code 2000, § 154.070; Ord. of 10-8-1998)

(a)

Recreational vehicle campgrounds are to be allowed as a service to the public, but only by interim use permit in the general commercial and rural residential district.

(b)

Performance review standards (in addition to interim use permit (IUP) review criteria) are the following:

(1)

A recreational vehicle campground may not be located adjacent to a residential district, a low-density residential district, or a multifamily residential district.

(2)

All recreational vehicle campgrounds must be connected to municipal water and sewer or to an approved septic system permitted by Cass County, designed to accept waste from a dump station. Each unit shall have its own holding tank and the campground must provide a dump station. Garbage collection points shall be screened from public view.

(3)

Fire pits may be installed, but must be cement- or brick-lined, at least three feet deep and no more than four feet in diameter and surrounded by a cement or brick firebreak at least five feet from the edge of the fire pit.

(4)

An owner of a recreational vehicle campground shall adopt and enforce rules and regulations for users of the campground, which shall include, without limitation, the following restrictions:

a.

No site may be used by a user for more than 13 days/14 nights consecutively. Seasonals shall be allowed to stay May 1 ^st through October 1 ^st .

b.

No exterior repairs to motor homes, including washing, may be performed on site except tire repairs.

c.

Sun-protection awnings may be used if attached to the vehicle.

d.

One screened tent for insect protection may be erected so long as the sides are screened.

e.

Overnight sleeping outside of the recreational vehicle is prohibited. There shall be no tenting on any part of the RV/motor home campground property.

f.

Generators, clotheslines, and recreational vehicle-based selling are prohibited.

g.

Use of fire pits is prohibited whenever open fires are prohibited by the department of natural resources.

h.

All recreational vehicles must be self-contained, with holding tanks.

i.

Proof of licensing and approval by the Minnesota Department of Health, or such state designated agency, must be furnished to the city prior to final approval, and proof of subsequent licensing furnished as issued.

k.

Rules shall be posted stating the quiet hours are to be observed 10:00 p.m. to 7:00 a.m. Sunday to Thursday, and 11:59 p.m. to 7:00 a.m. Friday evening to Sunday morning. If there are more than three complaints or issues the campers shall be asked to leave the site with the unit.

(5)

Owners of recreational vehicle campgrounds shall maintain records for each recreational vehicle including the following information: Name and home address; make, model, year, and state and license plate number of the vehicle; check-in and check-out dates.

(Code 2000, § 154.071; Res. No. 17-2007, 6-4-2007; Ord. No. 2023-07, § 1, 11-6-2023)

Editor's note— Ord. No. 2023-07, § 1, adopted Nov. 6, 2023, repealed § 109-200, which pertained to recreational vehicle campgrounds and derived from Code 2000, § 154.072; Ord. of 3-3-2008.

(a)

Purpose. The purpose of this section is to allow the short-term rental of private homes in the R-LDR-MFR-TC-CBD-GC and WC districts and to regulate such rentals. The city sees the benefit of such uses but also realizes that the high turnover in occupancy of residential structures can bring increased intensity of use, higher levels of noise, and increased need for parking and sanitation facilities which, if not controlled, can detract from the residential character of certain areas of the city. Therefore, such uses may be allowed by interim use permit, on an individual basis, subject to the criteria in this section.

(b)

Definition. For the purpose of this section, the term "vacation/private home rentals" means a single-family dwelling that is rented out on a transient basis for a charge. A transient basis shall be any period of time less than 30 consecutive days.

(c)

Permit required.

(1)

Each vacation/private home rental is required to obtain an interim use permit (IUP). This section shall control IUPs for vacation/private home rentals, notwithstanding the provisions of section 109-52. No more than 21 vacation/private home rentals shall be permitted to operate at once in the city. A waitlist shall be kept by the zoning administrator once there are 21 rentals operating. This capacity may be amended by the city from time to time.

(2)

The appropriate lodging license must also be obtained from the Minnesota Department of Health in order for the IUP to be valid. An IUP granted by the city is contingent upon the applicant's receipt of an appropriate lodging license. Failure to obtain an appropriate lodging license within 30 days of IUP approval shall render the IUP void and of no effect, unless no license is required by the state.

(3)

The initial term of a vacation rental IUP is two years. The property owner may thereafter apply to renew the IUP for a term of two years. There are no automatic renewals. Each initial and renewal application is subject to an inspection as provided in subsection (c)(5) of this section. The zoning administrator shall send notice of renewal and application by mail 60 days prior to the deadline date for renewal. The applicant must supply their log as referenced in (d)(5) of this chapter. Once there is a waitlist in effect, if the applicant does not have the application for renewal in time for council approval prior to the two-year expiration month, the applicant will be moved to the end of the wait list. Any homes found to have no rental activity in the two-year period will be moved to the end of the wait list, notified by letter 60 days prior, and prior to collecting application fee.

(4)

A site plan must be provided to the city with the IUP application. The site plan must contain a sketch of the floorplan of each floor of the house. The floorplan shall contain the dimensions of each room to be rented and have all exits marked. The site plan must also show all structures on the property and indicate all off-street parking locations.

(5)

Prior to consideration of an initial or renewal IUP application by the council, the property shall be inspected by the city building inspector (the "application inspection"). In the event modifications are made to the property after the application inspection but prior to council consideration of the application, additional inspections may be required. The applicant is responsible for all inspection fees. The inspector shall provide a report to the council regarding the home's compliance with applicable building codes and this section.

(6)

Any modifications to the property rendering the property unsuitable for residential use under this Code or the state building code may be grounds for revocation of the IUP upon notice of hearing and hearing by the planning and zoning commission sitting as the board of adjustment and appeals. The planning and zoning commission shall make a recommendation as to revocation to the city council, which shall make the final decision.

(7)

Due to normal differences in operation, the IUP shall not be transferrable to a new owner, nor transferable to a different property. Any change in ownership of the property shall terminate the IUP and require a new application and process if the use is to continue.

(8)

Each permittee is required to carry general liability insurance on the subject property with minimum coverage of $1,000,000.00 per occurrence. An umbrella policy may be used in conjunction with liability coverage to reach the $1,000,000.00 minimum. A certificate of insurance shall be provided to the city upon request of the city.

(d)

Administrative requirements.

(1)

Agent. Only the fee owner, power of attorney or immediate family members (spouse, children or parents) of the property owner shall rent it; the property shall not be rented by any outside agent.

(2)

Water/sewer. Vacation/private home rentals are only allowed on properties served by and connected to municipal water and sewer.

(3)

Parking. One off-street parking space for every two bedrooms shall be provided on-site, with the exception to homes in commercial district where parking cannot be provided. Homeowners must advertise that parking is not available on site. Garage spaces may be counted towards required parking spaces on a one-to-one basis. Parking spaces applied toward this requirement must be concrete, asphalt or other approved alternative. Parking on grass or dirt is not allowed.

(4)

Signage. Notwithstanding any other provision of the zoning ordinance, no signage shall be allowed unless specifically allowed by IUP.

(5)

Licensee. The licensee shall keep a report detailing use of the home by recording, at a minimum, the name, address, phone number and vehicle license number of all guests using the property. A copy of the report shall be provided to the city and law enforcement upon request.

(6)

House rules. Notification shall be posted both on the property and in rental documents stating the following: "Please be considerate of neighbors. Quiet hours shall be observed between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday, and 11:59 p.m. and 7:00 a.m. Friday evening through Sunday morning."

(7)

Complaint. If a problem arises, the owner or registered agent must respond to the issue within a two-hour time frame.

(8)

All other city ordinances that are not listed in this section must be followed. Violations of city ordinances by vacation/private home owners are deemed a violation of this section.

(9)

Maximum of two individuals per bedroom, and no more than two additional people per guest rental at any given time other than the renters.

(e)

Minimum standards. All vacation/private home rentals must meet the following minimum standards:

(1)

Every home shall contain a kitchen sink in good working condition and properly connected to water and sewer systems.

(2)

Every home shall contain a bathroom that is fully enclosed with a properly functioning door, and which has a water closet and lavatory basin that are properly connected to water and sewer systems.

(3)

Every home shall contain a room that is fully enclosed with a properly functioning door and which has a bathtub or shower in good working condition that is properly connected to water and sewer systems.

(4)

Every kitchen sink, lavatory basin, bathtub and shower shall be properly connected to both hot and cold water, and the hot water heater must be in proper working condition.

(5)

Every home shall be supplied with adequate refuse storage facilities. All refuse containers shall be made of rust-resistant material equipped with suitable handles and tightfitting covers, shall be watertight and verminproof, with tapered side walls and shall have a capacity of not more than 32 gallons. Refuse containers shall be kept in good repair and free of ragged or sharp edges. All refuse containers shall be kept as near the rear of the premises as practical and shall be easily accessible to the collector.

(6)

Every home shall have two independent, unobstructed exit doors in proper working condition. The exits shall lead to safe and open space as required by state law. Every home shall be provided with deadbolt locks on all entrance/exit doors.

(7)

Every home shall have adequate natural and artificial lighting.

(8)

Every home shall have adequate ventilation and every bedroom shall have at least one window that can be easily opened. All operable windows must be equipped with a locking device. At least one bedroom window must be an egress window, and that window shall:

a.

Be not less than 5.7 square feet in size;

b.

Have a minimum width of 20 inches;

c.

Have a minimum height of 24 inches; and

d.

Have a maximum sill height of 44 inches above the floor.

(9)

Every home shall have heating facilities that are properly installed, maintained in a safe and good working condition, and are capable of safely heating all habitable rooms and bathrooms to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above the floor and three feet from an outside wall, window or door when the outside temperature is minus 25 degrees Fahrenheit.

(10)

Smoke alarms shall be installed in the following locations: Each sleeping room, and on each story of the dwelling, including basements and cellars. Smoke alarm/carbon monoxide combo detector shall be installed outside of each sleeping room in the immediate vicinity of the sleeping rooms.

(11)

A fire extinguisher should be located on each story of the dwelling, including basements.

(f)

Maintenance standards. All vacation/private home rentals shall be maintained according to the following minimum standards:

(1)

Every foundation, exterior wall, window and roof shall be weathertight, watertight, rodentproof, and insectproof, and shall be kept in a workmanlike state of maintenance and repair.

(2)

Every interior partition wall, floor and ceiling shall be capable of affording privacy, and shall be kept in a workmanlike state of repair and maintained so as to permit them to be kept in clean and sanitary condition.

(3)

Every inside and outside stairway, porch, or appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and in a reasonably good state of maintenance and repair. Every stairwell requiring one shall have a handrail provided with a minimum and maximum height of 34 and 38 inches on at least one side of the stairway.

(4)

Every supplied plumbing fixture and water and waste pipes shall be properly installed and maintained free from defects, leaks, or obstructions.

(5)

All open areas and parts of the premises shall be maintained and kept in a reasonably clean and neat condition. This requirement shall include the removal of dead trees and brush, inoperable machines, appliances, fixtures, and equipment so damaged, deteriorated, or obsolete as to have insubstantial value and which constitutes junk, the removal of lumber piles and building materials not being used in actual construction on the premises, and the removal of tin, cans, broken glass, broken furniture, boxes, crates and other debris.

(6)

Ground fault outlets shall be installed where required and kept in operable condition.

(7)

Every foundation, exterior wall, roof, window and exterior door of every nondwelling structure shall be so constructed and maintained as to prevent the structure from becoming a harborage for vermin. Each entranceway for persons or vehicles shall have properly maintained and operable exterior doors. Nondwelling structures shall not be used for the storage of garbage or rubbish unless it is placed in a container approved for that use. Nondwelling structures shall not be used for human occupancy.

(8)

Every fence and retaining wall on the premises shall be properly maintained and in good repair.

(9)

No excavation, pit, well, stairwell or window well shall be allowed on the premises if it constitutes a hazard to health and safety.

(g)

Violations.

(1)

Any IUP issued pursuant to this section is subject to the right of the city to suspend, revoke or nonrenew on grounds including:

a.

False or misleading information is provided with the IUP application.

b.

The applicant fails to pay the requisite fees.

c.

The applicant fails to obtain a required state lodging license.

d.

Violation of nuisance standards or other provisions of this Code.

(2)

The owner shall be provided with notice of suspension, revocation or nonrenewal. The suspension or revocation is effective 30 days after notice is issued.

(3)

The owner may appeal the suspension, revocation or nonrenewal by filing a notice of appeal with the city clerk within 14 days of the issuance of the notice of suspension, revocation or nonrenewal.

(4)

Upon receipt of a notice of appeal, the city clerk shall issue a notice of hearing for a hearing by the planning and zoning commission sitting as the board of adjustment and appeals. At the hearing, the city shall present the basis for the permit decision, and the owner shall have an opportunity to respond. The planning and zoning commission shall issue findings of fact and make a recommendation to the city council, which shall make the final decision.

(5)

If a violation of this section occurs, a fine according to the fee schedule may be issued. Such fine is appealable in the same manner as a suspension, revocation or nonrenewal. A fine-per-day will be established, according to the fee schedule for those homes operating beyond the capacity of permitted rentals, that are advertised regularly and rented out without being permitted through the city. A certified letter will be sent, requesting the operation cease, and they will be placed on the wait list. If the activity continues more than 30 days from the day the letter is sent, the fines per the fee schedule will begin.

(6)

Nothing in this section prevents the city from taking enforcement action under any other provision of the city code or under state law.

(Ord. No. 2016-04, § 1, 6-6-2016; Ord. No. 2022-04, § 2, 6-6-2022; Ord. No. 2022-09, § 1, 11-7-2022; Ord. No. 2023-05, § 1, 7-10-2023; Ord. No. 2024-03, § 1, 2-5-2024)

(a)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Transitional housing: For the purposes of this section, a transitional housing use refers to temporary living situations wherein individuals or families are residing temporarily with or without separate sleeping rooms and a congregate space. Congregate space means that individuals share all or part of the kitchen, bath and recreational spaces. Transitional housing shall only be defined as requiring an interim use permit if each housing unit does not contain independent living and cooking facilities, but rather are designed and integrated around a central group or congregate style living, cooking and dining facilities.

(2)

Operator, transitional housing: The owner, individual, partnership, organization, or corporation, which manages either a transitional housing use, whether or not for remuneration of any kind.

(b)

Land use requirements for transitional housing:

(1)

Except as may otherwise be allowed or required by this section, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used or occupied for transitional housing unless it is connected to municipal water and sewer services and is in full conformity with the provisions of this section, and all other applicable federal, state and local laws, rules, regulations, codes, and ordinances.

(2)

Transitional housing are interim uses and are allowed in the R-RR-LDR-TC districts upon issuance of an interim use permit. Except as may be provided for by law, no such uses shall occur in these districts unless an interim use permit has been applied for and obtained pursuant to the procedures provided for in this section.

(3)

No new transitional use shall be located on a parcel that has a boundary that is within 500 feet from the boundary of a parcel containing any other transitional use.

(4)

All transitional housing shall be required to meet all applicable building, safety, fire and health code requirements.

(5)

Signage may be permitted in accordance with applicable sign regulations with the issuance of a sign permit.

(6)

The application for an interim use permit for transitional housing shall provide a list of its board of directors, executives and officers and the owner of the proposed facility and the operator of the facility.

(7)

Transitional housing lawfully established prior to the effective date of this section shall be allowed to continue provided they comply with applicable building, safety, fire and health code requirements. Transitional housing which are lawful nonconforming uses may expand the use within the existing structure in which it is located provided the expanded use continues to comply with the applicable building, safety, fire and health code requirements. However, no relocation of the use or expansion of the structure in which it is located shall be allowed except in conformity with the requirements of this section. Furthermore, if any such nonconforming use is discontinued for period of one year or more, it shall not be re-established except in conformity with the requirements of this section.

(c)

Application filing and processing of this chapter.

General. Applications for transitional housing shall be filed and processed in compliance with this chapter and pursuant to section 109-52 Interim use permit.

(1)

Procedures. All applications for a transitional housing use permit shall be submitted to the zoning administrator not less than 30 days ahead of the hearing date, accompanied by the required submission, "Walker Land Use Application Form VRBO/Transitional Housing Checklist and Transitional Housing Use Application," adopted herein by reference and available for inspection in the office of the administrator/city clerk-treasurer, along with the appropriate fee and the following:

a.

The contract owner of the property shall sign the application.

b.

The zoning administrator shall notify all property owners within 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. He or she shall send the same notice postmarked at least ten days in advance of the hearing to the DNR if the proposed use is in shorelands.

c.

The application shall include all information and materials required by an interim use permit application and this chapter, and the following additional information. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (g) (Findings and decision), below.

d.

The application shall also include details of the operations of the use, including, but not limited to, a description of the following:

1.

Number of proposed beds/occupants.

2.

Cooking facilities.

3.

Sanitation facilities and management thereof.

4.

Site lighting.

5.

Site security and management, including the number of staff on site at any given time.

6.

Location of proposed parking.

7.

On-going site maintenance.

8.

Clean-up/returning the site to its original condition following termination of the use.

(d)

Development standards.

(1)

Number of units permitted. The number of temporary housing units shall be determined through the temporary use permit process.

(2)

Lighting. Adequate external lighting shall be provided for security purposes.

(3)

On/Off-site management. For proposals that include group quarters shall have at least one facility manager shall be available to be contacted by City of Walker Staff at all hours.

(4)

Sanitation facilities. The number of bathrooms and showers required on site shall be determined through the building permit process, and shall be consistent with the Minnesota Building Code.

(5)

Parking. Each transitional housing unit shall provide the number of automobile parking spaces required by subsection (e). Automobile parking requirements for temporary housing, except where a greater or lesser number of spaces are required through conditions of approval.

(e)

Automobile parking requirements for temporary housing.

(1)

One on-site space per transitional housing unit plus one on-site space per on-site on-duty staff person

(f)

Building inspection checklist.

(1)

A building inspection checklist is required for all transitional housing. The fee for the inspection is set by the fee schedule.

(g)

Findings and decision.

(1)

An interim use permit for transitional housing may be approved by city council pursuant to section 109-52, Interim use permit.

(h)

Termination.

(1)

Termination. An interim use shall terminate upon any of the following events, whichever first occurs: (1) The date stated in the permit or ordinance; (2) Upon violation of conditions under which the permit was issued; (3) Upon change in the city's zoning regulations which render the use nonconforming; (4) The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district.

(i)

Duration of use and annual review.

(1)

The initial term of a transitional housing is two years. The property owner may thereafter apply to renew the IUP for transitional housing. There are no automatic renewals. Each initial and renewal application is subject to an inspection and fee as provided in this chapter.

(2)

Prior to consideration of an initial or renewal of the IUP for transitional housing application by the council, the property shall be inspected by the city building inspector. In the event modifications are made to the property after the application inspection but prior to council consideration of the application, additional inspections may be required. The applicant is responsible for all inspection fees. The inspector shall provide a report to the council regarding the home's compliance with applicable building codes and this section.

(Ord. No. 2019-02, § II, 7-1-2019)

(a)

Minimum buffer requirements.

(1)

The City of Walker shall prohibit the operation of a cannabis business within 1,000 feet of a school.

(2)

The City of Walker shall prohibit the operation of a cannabis business within 500 feet of a day care.

(3)

The City of Walker shall prohibit the operation of a cannabis business within 500 feet of a residential treatment facility.

(4)

The City of Walker shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field.

(5)

The City of Walker shall prohibit the operation of a cannabis retail business within 500 feet of another cannabis retail business.

(6)

Nothing in section 109-203(a) shall prohibit an active cannabis business or a cannabis business seeking renewal of its registration from continuing operation at the same site if a (school/daycare/residential treatment facility/attraction within a public park that is regularly used by minors) moves within the minimum buffer zone after the business is established.

(7)

Lower-potency hemp edible retailers are exempt from these buffer requirements.

(Ord. No. 2025-01, § 3, 7-7-2025)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Communication antenna means a device intended for receiving or transmitting television, radio, digital, microwave, cellular, personal communication service (PCS), paging or similar forms of wireless electronic communication, including but not limited to directional antennas such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whip antennas.

Communication tower means any pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and mast, designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers or monopole towers. A communication tower may include, but not be limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and personal communication service towers.

Height of communication tower and antenna. The height of a freestanding communication tower and antenna shall be measured as the distance from ground level to the highest point on the tower, including the antenna. The height of a rooftop communication antenna shall be measured as the distance from the point where the base of the tower and antenna is attached to the roof, to the highest point on the supporting structure, including the antenna.

Institutional use means educational facilities, parks, cemeteries, golf courses, sport arenas, religious institutions, athletic fields and publicly owned property.

Monopole means a communication tower consisting of a single pole, constructed without guyed wires and anchors.

Public safety communication system means a communication system owned or operated by a governmental entity such as a law enforcement agency, public works department, municipal transit authority or medical facility.

Publicly owned property means land, buildings or structures owned by any governmental body or public agency including city, county, state or federally owned properties, other than public rights-of-way.

Small cell antenna means a device mounted on the facade of a building or on a lightpole or other similar structure and which is considered low-powered radio access nodes that operate in licensed and unlicensed carrier-grade spectrum, that functions to add capacity by moving traffic off the macro network including but not limited to Outdoor DAS, Indoor DAS, Microcell, Metrocell, Picocell, Wi-Fi and Femtocell.

Transmission equipment means any equipment that facilitates wireless communication, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply.

(Ord. No. 2016-05, § 1, 9-12-2016)

The purpose of this division shall be to establish predictable and balanced regulations that protect the public health, safety, and general welfare of the city. These regulations are intended to:

(1)

Facilitate the provision of telecommunications services and facilities, including commercial wireless telecommunication services in the city;

(2)

Maintain community aesthetics by minimizing adverse visual effects of towers through careful design and site selection standards;

(3)

Avoid potential damage to adjacent properties from tower or antenna failure and weather related occurrences through structural standards, careful site selection, and setback requirements;

(4)

Encourage the use of existing towers and buildings to accommodate commercial wireless telecommunication service antennas in order to minimize the number of towers needed to serve the city and surrounding areas.

(Code 2000, § 155.01; Ord. No. 19-2002, 7-1-2002; Ord. No. 2012-06, 5-7-2012)

The proposed or modified towers and antennas within the city shall meet the following design requirements:

(1)

The towers and antennas will have no adverse impact on surrounding public or private property;

(2)

Towers and antennas shall blend into the surrounding environment except in instances where the color is dictated by federal or state authorities;

(3)

No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, without an approved variance, except during periods of construction or repair;

(4)

Towers and antennas shall be certified by a qualified and licensed professional engineer to conform to applicable state structural building standards;

(5)

Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code;

(6)

Metal towers shall be constructed of, or treated with, corrosive resistant material;

(7)

The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(Code 2000, § 155.02; Ord. No. 19-2002, 7-1-2002; Ord. No. 2012-06, 5-7-2012)

(a)

The towers and antennas will not interfere with the purpose for which the city owned property is intended.

(b)

The applicant will submit a letter of credit, performance bond or other security acceptable to the city to cover the costs of the tower or antenna's removal.

(Code 2000, § 155.03; Ord. No. 19-2002, 7-1-2002; Ord. No. 2012-06, 5-7-2012)

Towers and antennas and all accessory structures or buildings within the city shall conform to the following minimum setback requirements:

(1)

Towers and antennas shall be set back from all property lines an amount equal to the height of the structure, plus ten feet from any property line. Setback requirements are required even with engineering collapse analysis;

(2)

Guy wires for towers shall be located no closer than 25 feet to any property line and shall meet all setback requirements within the city, with respect to the public road right-of-way;

(3)

Suitable protective anti-climbing fencing, with a minimum height of six feet, shall be provided around any tower and tower guy wires.

(Code 2000, § 155.04; Ord. No. 19-2002, 7-1-2002; Ord. No. 2012-06, 5-7-2012)

All commercial wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements:

(1)

Documentation of the area to be served including a search ring for the antenna location. A narrative describing a search ring for the request, with not less than one-mile radius clearly explaining why the site was selected, what existing structures were available and why they are not suitable as locations or co-locations.

(2)

Documentation that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the search ring of the service area due to one or more of the following reasons:

a.

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

b.

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

c.

Existing or approved towers and buildings within the search radius that are 60 feet or over in height cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer;

d.

Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon existing or approved towers or buildings.

(3)

Any proposed tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height, or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antenna mounts at varying heights.

(4)

An agreement stating that the site will be designed for not less than three users with applicant and property owner commitment to co-location, whereby, any prohibition of additional users on a tower will be considered a violation of the permit and city policy. The agreement shall also include a statement that any unused or abandoned tower shall be removed by the property owner and/or applicant. Said agreement shall be signed by the applicant and the property owner and shall be attached to and become a part of the permit.

(Code 2000, § 155.05; Ord. No. 19-2002, 7-1-2002; Ord. No. 2012-06, 5-7-2012)

Towers within the city shall not be illuminated by artificial means and shall not have affixed or attached to it in any way except during time of repair or installation any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration or the Federal Communications Commission or state agency. When lighting is necessary and is permitted, strobe lighting will be allowed during daylight hours only, red lighting at night. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(Code 2000, § 155.06; Ord. No. 19-2002, 7-1-2002; Ord. No. 2012-06, 5-7-2012)

Towers and antennas within the city shall not exceed 200 feet in height.

(Code 2000, § 155.07; Ord. No. 19-2002, 7-1-2002; Ord. No. 2012-06, 5-7-2012)

Abandoned or unused towers and associated facilities within the city shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. In the event that a tower is not removed within the 12 months of the cessation of operations at the site, the tower and associated facilities may be removed by the city and the cost of removal assessed against the property.

(Code 2000, § 155.08; Ord. No. 19-2002, 7-1-2002; Ord. No. 2012-06, 5-7-2012)

(a)

All tower applications proposed within the city shall require a conditional use permit with the exception of city approved tower installations for private use on residential property. All monopole applications shall abide by the factors and guidelines entitled as section 109-238, monopole structures. Antenna, small cell or other transmission equipment additions or removals shall require a building permit accompanied by an approved report from a licensed professional engineer.

(b)

All telecommunications towers shall require a conditional use permit. Applications shall include the following information:

(1)

A report from a licensed professional engineer that describes the commercial wireless telecommunication service tower's capacity, including the number and type of antennas that it can accommodate;

(2)

A letter of intent from the commercial wireless telecommunications service tower owner committing the tower owner and successors to allow the shared use of the tower;

(3)

The location of all public and private airports within a three mile radius of the tower site;

(4)

An FAA notice of non-hazard;

(5)

FCC licensure and approval as required for various communications applications. No interference with local television and radio reception will be allowed.

(6)

An erosion control plan for the tower site.

(c)

Exceptions. Building or land use permits are not required for:

(1)

Adjustment, repair, or replacement of existing antennas or the elements of an antenna array affixed to a tower or antenna, provided that the adjustments or replacement does not reduce the safety factor.

(2)

Routine maintenance (e.g., painting) and other non-structural related repairs of towers.

(3)

Antennas and/or towers erected temporarily for test purposes, or for emergency communications. Temporary towers shall be removed within 72 hours following installation, unless additional time is approved by the city. Temporary towers erected for emergency purposes may be exempt from setback requirements of this section.

(d)

In reviewing an application for a conditional use permit for the construction of commercial antennas, towers, and accessory structures, the city council shall consider the following:

(1)

Standards in this Code;

(2)

Recommendations of the planning commission;

(3)

Effect of the proposed use upon the health, safety, convenience and general welfare of residents of surrounding areas;

(4)

Effect on property values; and

(5)

Effect of the proposed use on the comprehensive plan.

(e)

All small cell antenna and transmission equipment applications must obtain a building permit from the city before placing, installing, or constructing any small cell on any support structure. The zoning administrator will review and administratively process any request for a permit. The factors, requirements and guidelines that the zoning administrator may consider and will apply when determining whether to issue a permit for placement of small cell include but are not limited to:

(1)

The visual impact of placing the small cell in the area.

(2)

The character of the area in which the structures are requested, including surrounding buildings, properties and uses.

(3)

Whether the appearance and placement of the requested structures is aesthetically consistent with the area.

(4)

Whether there are any negative impacts associated with the use that must be mitigated through screening, height limits, or specifying construction materials and colors, etc.

(5)

Whether modified or replacement street and pedestrian light poles replacements are consistent in appearance with existing poles in the area.

(6)

Installation and maintenance of the replacement poles owned by the city must be performed at the applicant's expense.

(7)

Failure to maintain is grounds for revocation of the license.

(8)

Allow the installation of new similar looking exclusive antenna poles.

(9)

Antenna hardware, cabling and antennas that are visible shall be painted the same color as the pole on which it is attached, or shall be painted a color approved by the zoning administrator in order to minimize visual impact, and all cabling must be enclosed within the pole (stealth) for all sites along city streets, public plazas, city parks, and other public gathering locations.

(10)

Applicant is to be responsible for maintenance and operation and all associated costs on city-owned structures and property.

(11)

Ground-mounted components shall be of stealth design and shall not obstruct any traffic signage or signals and shall comply with all other federal and state statutes and local ordinances and regulations of the city such as electrical codes, minimum sidewalk standards, and visibility regulations.

(12)

All components must be positioned as to ensure that all intersection and driveway visibility requirements are achieved.

(13)

The areas above and along alleyways and roadways shall not be encroached upon so that trucks can safely pass by the antenna site.

(14)

The operator of small cell facilities shall provide agreement letters or other evidence showing its permission from the owner of any structure or land that any communication tower, transmission equipment or small cell antenna will connect to or be mounted on.

(15)

Provide a letter of agreement that states that all components will be maintained in conformance with current requirements, will be relocated to accommodate any future city infrastructure improvements or changes (if the agreement is on a city-owned structure or city property) and will be removed if taken out of service or at the expiration of the license agreement.

(16)

Each antenna site must have identifying marks on the equipment to identify the owner and a unique number to identify the unit. These marks must be as nonintrusive as possible, while still being able to be easily read from the ground.

(Code 2000, § 155.09; Ord. No. 19-2002, 7-1-2002; Ord. No. 2012-06, 5-7-2012; Ord. No. 2016-05, § 2, 9-12-2016)

The use of certain city owned property, such as water tower sites and parks, for wireless telecommunication towers or antennas brings with it special concerns due to the unique nature of these sites. The placement of wireless telecommunication towers and antennas on these special city owned sites will be allowed only when the following additional requirements are met:

(1)

Water tower and reservoir sites. The city's water towers and reservoirs represent a large public investment in the water pressure stabilization and peak capacity reserves. Protection of the quality of the city's water supply is of prime importance to the city. As access to the city's water storage systems increases, so too increases the potential for contamination of the public water supply. For these reasons, the placement of wireless telecommunication towers and antennas on water tower and reservoir sites will be allowed only when the city is fully satisfied that the following requirements are met:

a.

The applicant's access to the facility will not increase the risks of contamination to the city's water supply;

b.

There is sufficient room on the structure and/or grounds to accommodate the applicant's facility;

c.

The presence of the facility will not increase the water tower or reservoir maintenance costs to the city;

d.

The presence of the facility will not be harmful to the health of workers maintaining the water tower or reservoir; and

e.

As deemed needed by the city for the protection of adjacent properties and the public interest, the city may require a general liability policy in an amount acceptable to the city, with the city listed as an additional insured, for telecommunications tower or antenna repair, replacement, expansion or removal.

(2)

Parks. The presence of certain wireless telecommunication towers or antennas represents a potential conflict with the purpose of city-owned parks. In no case shall lattice constructed towers be allowed in designated conservation areas or public parks. Monopole structures and small cell antennas designed for such will be considered upon receipt of completed application and fee submitted.

(Code 2000, § 155.10; Ord. No. 19-2002, 7-1-2002; Ord. No. 2012-06, 5-7-2012; Ord. No. 2016-05, § 3, 9-12-2016)

Notwithstanding the above, the city council reserves the right to deny, for any reason, the use of any or all city owned property by any one or all applicants.

(Code 2000, § 155.11; Ord. No. 19-2002, 7-1-2002; Ord. No. 2012-06, 5-7-2012)

All building and structures accessory to a tower shall:

(1)

Be architecturally designed to blend in with the surrounding environment and shall meet the height and setback limitations as established for the land use district in which they are located.

(2)

Have ground mounted equipment screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the neighborhood.

(3)

Be exempt from the maximum number of accessory structures allowed or permitted under this chapter.

(Code 2000, § 155.12; Ord. No. 2012-06, 5-7-2012)

In order to avoid requiring new towers and to minimize the number of towers needed to serve the city, the following provisions shall apply to nonconforming towers. Telecommunications towers in existence at the time of this amendment may be permitted to increase tower height after being issued a conditional use permit. The planning commission/city council shall consider the following criteria as part of the conditional use permit process:

(1)

Tower safety concerns including tower collapse and airplane traffic;

(2)

Comparative visual impact to the surrounding lands of the proposed tower height increase;

(3)

Other factors which tend to reduce conflicts or incompatibilities with the character and need of the area.

(Code 2000, § 155.13; Ord. No. 2012-06, 5-7-2012)

Commercial wireless communications services shall not interfere with public safety telecommunications. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the city zoning administrator at least ten calendar days in advance of any changes to allow for monitoring of interference levels during the testing process.

(Code 2000, § 155.14; Ord. No. 2012-06, 5-7-2012)

(a)

No lattice constructed towers of any kind shall be allowed.

(b)

All towers taller than 100 feet must allow for co-location and supply engineering calculations by a state-certified engineer that will allow for as many as three separate users on a single pole. Towers that are from 65 to 100 feet must allow for collocation of at least two separate users on a single pole. A letter must also be supplied stating that the owners of the tower will allow for co-location and that the structure has been constructed to allow for this.

(c)

The applicant must supply the city with a letter stating that if technology renders the tower obsolete and the tower is vacated, that the agent will remove the tower, all apparatus associated with it, the top three feet of the footing, and restore the site to its original condition within 90 days of the vacation of the tower.

(d)

The letter shall state whether there are any negative impacts associated with the use that must be mitigated through screening, height limits, or the use of specific construction materials and colors, etc.

(Ord. No. 2016-05, § 4, 9-12-2016)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building-integrated solar system means an active solar 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. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, and awnings.

Ground-mounted panels means freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus.

Photovoltaic system means an active solar energy system that converts solar energy directly into electricity.

Roof- or building-mounted SES means solar energy system (panels) that are mounted to the roof or building using brackets, stands or other apparatus.

Roof pitch means 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 means 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. standard time on any day of the year.

Solar collector means a device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

Solar energy means 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) means 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.

(Ord. No. 2016-10, § 3(A), 9-12-2016)

Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts.

(Ord. No. 2016-10, § 3(B), 9-12-2016)

(a)

Height.

(1)

Roof- or building-mounted SES shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar systems other than building-integrated solar systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.

(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 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)

SES shall be designed to blend into the architecture of the building or be screened from routine view from public rights-of-way other than alleys. The color of the solar collector is not required to be consistent with other roofing materials.

(2)

Building-integrated solar 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 SES shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping.

(Ord. No. 2016-10, § 3(C), 9-12-2016)

(a)

Notification. Prior to the installation or erection of a SES, the operator 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 to 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 operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation.

(d)

Restrictions on SES limited. No homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of Walker shall restrict or limit solar systems to a greater extent than Walker's renewable energy ordinance codified in this division.

(e)

Walker encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with Minnesota Statutes. Any solar easements filed must be consistent with Minn. Stats. § 500.30.

(Ord. No. 2016-10, § 3(D), 9-12-2016)

A SES that is allowed to remain in a nonfunctional or inoperative state for a period of 12 consecutive months, and which 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 operator.

(Ord. No. 2016-10, § 3(E), 9-12-2016)