Waseca City Zoning Code

SPECIFIC DEVELOPMENT

REQUIREMENTS

§ 154.109 AGGREGATE MINING, INTERIM.

(A) Interim use. Aggregate mining is allowed only as an interim land use.

(B) Setback from Residential Zoning District. Any operation, including gravel storage areas, shall be located at least 1,000 feet from a residential district boundary or use.

(C) Submittal requirements. An application for an interim use permit to conduct aggregate mining shall meet the following submittal requirements and standards:

(1) A site and vicinity plan that includes the following shall be provided:

(a) A description of natural features, including wetlands, water bodies and major topographic features located on the property and within 350 feet of the property.

(b) A description of the proposal, including type and amount of material to be removed, overview of planned daily operations including equipment and vehicles; and discussion of how the proposed operations compare to land uses within 1,000 feet of the site.

(c) A description of any potential environmental hazard due to existing or proposed land uses, including but not limited to, soil, water, air, noise, and light.

(d) Grading plans showing land contours prior to excavation, at maximum excavation, and as proposed after completion of reclamation activities.

(e) Storm water management and erosion control plans.

(2) An air quality plan.

(3) A dust management plan. Access drives and roads within the property shall be sprayed with dust suppressants to control fugitive dust. The streets used for access into the site shall also be cleaned at appropriate intervals or as otherwise determined through the interim use permit.

(4) A sound attenuation plan describing sources of sound and indicating conformance with all applicable sound and noise regulations. The maximum noise level at the perimeter of the site shall comply with the limits or standards established by the Minnesota Pollution Control Agency.

(5) A vibration-dampening plan describing sources of vibration and indicating conformance with all applicable vibration regulations.

(6) A traffic plan describing the number of daily truck trips the proposal will generate and the principal access routes to the facility, including a description of the facility’s traffic impact on the surrounding area. Traffic through local residential streets shall be prohibited unless specifically allowed through the interim use permit.

(7) A site reclamation plan that provides for the orderly and continuing rehabilitation of all disturbed land. This plan shall illustrate:

(a) Proposed contours of the site after completion of each stage of reclamation and proposed overall final site contours upon closing of the site. Final proposed contours shall relate to the planned future land use for the property as designated in the city’s land use map.

(b) A re-vegetation plan showing the type, quantity and location of plantings for areas where re-vegetation is proposed or required.

(c) Areas designated for storage of topsoil, overburden, mined materials or other materials to be stored or stockpiled on the site.

(d) A schedule setting forth the timetable for excavation and reclamation of the site.

(e) Criteria and standards that will be used to achieve final rehabilitation as well as intermittent slope stabilization.

(8) All slopes shall be maintained in a safe manner, and shall not exceed two feet vertically to one foot horizontally. Slopes may be increased at the request of the proposer in conjunction with approval of the interim use permit, provided the proposer can demonstrate through engineering data that the slopes can and will be maintained in a safe manner and will not have adverse impact on adjacent land uses or property.

(9) All operations shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Saturday. All other times of operation shall be prohibited. The Council, at its discretion, may restrict any or all operations on legal holidays.

(10) Security fencing (exclusive of barbed wire) shall be installed and maintained along the perimeter of the entire property.

(11) No part of the reclaimed site that is designated by the city’s land use map for uses other than open space or agriculture shall be at an elevation lower than the minimum required for gravity connection to planned sanitary sewer and storm sewer.

(12) Site reclamation shall begin after excavation of 25% of the total area to be mined or four acres, whichever is less. Excavation and reclamation shall occur on a phased basis.

(13) Security in the form of a cash escrow, letter of credit, or performance bond shall be submitted to ensure that reclamation improvements are completed in a timely manner according to the approved phasing plan for the project. The dollar amount of such security shall be determined in conjunction with the interim use permit and shall be based on the reclamation phasing plan and the estimated costs associated with each phase of reclamation.

(14) The temporary use permit shall be valid for a period not to exceed two years or as otherwise provided in the approved temporary use permit. Prior to expiration of the permit, the property owner or operator may apply for renewal according to the procedures as set forth in §§ 154.195 through 154.198.

(Ord. 1040, passed 1-5-16)

§ 154.110 AGRICULTURAL OPERATIONS.

(A) All farms in existence upon the effective date of this chapter within the city limits shall be a Permitted Use on which the operator can conduct an agricultural operation. However, all regulations contained in specific development requirements and the general development requirements shall apply to any changes of the farming operation that would cause all or part of the area to become more intensively used or more urban in character.

(B) The City Council shall require a farm operator to secure a rezoning and a conditional use permit to expand or intensify the operations such that the operation becomes an industrial-type use consisting of compounding, processing and/or packaging of products for wholesale or retail trade. Such rezoning must be in conformance to the land use plan.

(Ord. 1040, passed 1-5-16)

§ 154.111 ANIMAL CLINIC.

(A) Short-term boarding may be provided indoors for animals being treated.

(B) Outdoor kennels are not allowed unless approved by a conditional use permit for a kennel (see below).

(Ord. 1040, passed 1-5-16)

§ 154.112 BARS OR TAVERNS.

All regulations established in Chapter 113 of the Waseca City Code regarding alcoholic beverages shall be met.

(Ord. 1040, passed 1-5-16)

§ 154.113 BED-AND-BREAKFAST HOMES.

(A) The owner shall reside in the bed and breakfast home and manage the premises.

(B) The establishment shall comply at all times with all applicable city, county, state and federal ordinances, statutes and laws.

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

(E) The establishment shall be limited to four guest rooms or a maximum guest capacity of eight.

(F) Each guest shall be limited to staying not more than seven days within any 30-day period.

(G) The owner shall maintain a guest register showing the name, address, motor vehicle license number and inclusive dates of visits of all guests.

(H) A minimum of one off-street parking space for each guest room and two off-street parking spaces for the resident owner shall be provided.

(I) Signs shall be limited to one non-illuminated wall sign near the entrance door not exceeding 2 square feet.

(J) There shall be no external vending machines.

(K) All trash and recycling must be contained and screened from view from other residential properties with a fence and/or coniferous shrubs.

(L) The entire front yard shall be landscaped with grass or other natural materials, with the exception of areas needed for access drives and sidewalks to required parking areas.

(M) Each property shall maintain an exterior residential appearance and character, meaning an exterior facade that is compatible with the nearby houses, and is of an appearance that would be found in a structure designed for and occupied by a family as a detached one- or two-family residence.

(N) The minimum distance between bed-and-breakfast homes shall be 500 feet.

(`86 Code, § 9.75) (Am. Ord. 712, passed 1-6-98; Am. Ord. 984, passed 7-17-12; Am. Ord. 1040 passed 1-5-16)

§ 154.114 BOARDING HOUSES.

(A) The owner shall reside in the boarding home and manage the premises.

(B) The establishment shall comply at all times with all applicable city, county, state and federal ordinances, statutes and laws.

(D) Food service shall be provided only for those guests renting sleeping rooms.

(E) The establishment shall be limited to four guest rooms or a maximum guest capacity of six.

(F) The owner shall maintain a guest register showing the name, address, motor vehicle license number and inclusive dates of visits of all guests.

(G) A minimum of one off-street parking space for each guest room and two off-street parking spaces for the resident owner shall be provided.

(H) Signs shall be limited to one non-illuminated wall sign near the entrance door not exceeding two square feet.

(I) All trash and recycling must be contained and screened from view from other residential properties with a fence and/or coniferous shrubs.

(J) The entire front yard shall be landscaped with grass or other natural materials, with the exception of areas needed for access drives.

(K) Each property shall maintain an exterior residential appearance and character, meaning an exterior facade that is compatible with the nearby houses, and is of an appearance that would be found in a structure designed for and occupied by a family as a detached one- or two-family residence.

(L) The minimum distance between boarding houses shall be 600 feet.

(M) Any conditional use permit for a boarding house shall not transfer upon sale or transfer of the premises for which the conditional use permit has been issued. A prospective new owner of the premises shall reapply for a conditional use.

(Ord. 1040, passed 1-5-16)

§ 154.115 CAR WASHES.

(A) The car wash shall not be within 200 feet of a Residential zoning district.

(B) The vehicle entry or exit doors shall not face directly toward a property in a Residential zoning district.

(Ord. 1040, passed 1-5-16)

§ 154.116 CELLULAR TELEPHONE RELAY FACILITIES.

(A) Commercial relay facilities for cellular telephone data are allowed by conditional use permit in these locations by order of city preference:

(1) One of the two city water towers under a lease with the city;

(2) If a city water tower is certified to be not technically feasible, the next preferred location would be an existing commercial tower;

(3) If options 1 and 2 are not technically feasible or available, the third preference would be a new commercial tower in the I-1 or I-2 zoning district.

(B) Setbacks.

(1) Towers shall not be allowed as a permitted encroachment into the front setback area required for a principal building in the zoning district.

(2) The minimum side or rear yard setback of the base of a tower shall be equal to the required setback of a principal building in the zoning district.

(3) Towers shall be set back 1.5 times the tower height or 150 feet, whichever is greater, from any residential principal building.

(4) Towers shall be set back a distance equal to their height plus 10 feet from any commercial or industrial building.

(5) Towers shall be set back from platted public rights-of-way and from planned public rights-of-way shown in the Waseca Comprehensive Plan by a minimum distance equal to the required principal structure setback in the zoning district.

(6) Variance from minimum setback standards may be considered only after an engineer certifies that the collapse of the tower would occur within a lesser distance.

(7) Setback shall be measured from the base of the tower located nearest the property line and the property line.

(C) Co-location on existing conforming sites. Commercial receiving or transmitting antennas which are co-located on existing conforming freestanding towers or roof- mounted antennas and which do not add to the height of the existing tower shall be reviewed according to the city site plan approval process and shall require a building permit. Co-locations do not require certification by a radio frequency engineer that placement on another site is not technically feasible.

(D) Co-location on existing non-conforming sites. Commercial receiving or transmitting antennas which are co-located on existing legal non-conforming freestanding towers or roof-mounted antennas and which do not add to the height of the existing tower shall be allowed by conditional use permit and a building permit.

(E) Other requirements.

(1) License required. The applicant shall present documentation of the possession of any required license by state, federal or local agencies.

(2) Nonconforming uses. Existing transmitting and receiving facilities at the time of adoption of this section may remain in service. However, at such times any material change is made in the facilities, full compliance with this section shall be required.

(3) Building permit. In addition to other permits or approvals that may be required under this section, a building permit shall be required for the construction of new antennas and towers upon which antennas will be placed and shall include wind loading and strength and footing calculations prepared by a Minnesota registered engineer whenever deemed necessary by the Building Official.

(4) Co-location requirement for new antennas. If a new antenna support structure is to be constructed, it shall be designed so as to accommodate a minimum of two other users including but not limited to other cellular communication companies, local police, and fire and ambulance companies. Any proposals for the construction of a new commercial tower shall include certification from a professional radio frequency engineer that existing tower sites in the city are not technically feasible for the application proposed.

(5) Height requirement. The height of the antenna shall be the minimum necessary to function satisfactorily as verified by an appropriate professional.

(6) Sight lines. Antenna and/or towers shall be located outside the sight lines of offices, buildings or residences to the extent possible.

(7) Climbing discouraged. Antennas, dish antennas or towers shall be protected by a city-approved barrier to discourage climbing by unauthorized persons.

(8) Illumination. Antennas and/or towers shall not be artificially illuminated unless required by law or governmental agency to protect the public’s health and safety.

(9) Color. All antennas shall be of a neutral color and shall not be painted with scenes or contain letters or messages which qualify as a sign or advertising except as may be required by any state or federal regulation.

(10) Abandonment. If for any reason the antenna or tower is abandoned or the height of the antenna and/or tower can be reduced, the antenna, tower or portions thereof must be removed or reduced in height within three months. To ensure compliance, the applicant must submit a performance bond or letter of credit in an amount sufficient to cover the removal or reduction costs. After removal or reduction, the site shall be restored to its original or an improved state.

(11) Full disclosure of technical data. An application for a conditional use permit will not be considered complete until the applicant fully discloses all technical data requested by the city. Such data includes, but is not limited to the locations, actual or planned, of other antenna towers in the applicant’s system.

(Ord. 1040, passed 1-5-16)

§ 154.117 CHILD CARE, DROP-IN PROGRAMS.

A drop-in child care program must be licensed under Minnesota Rules governing non-residential child care centers. Refer also to use definition under the Rules and Definitions chapter of this chapter.

(Ord. 1040, passed 1-5-16)

§ 154.118 CONVENIENCE STORES.

(A) The gasoline dispensing pumps must maintain the appropriate license from the state.

(B) The lights under the gasoline area canopy must be shielded from direct view from the public street or other properties.

(Ord. 1040, passed 1-5-16)

§ 154.119 DAY CARE FACILITIES, CHILD, COMMERCIAL.

(A) Children or adults are delivered and removed daily.

(B) The regulations and conditions are met for the Minnesota Department of Public Welfare, Public Welfare Manual 11-31-30 as adopted or amended.

(D) Where a commercial daycare facility immediately abuts any residential use or zoning district, a visual screen, at least six feet in height, shall be constructed along or near the shared property line. Screening materials may include a combination of fences, plants, raised planters, masonry walls or other screening devices that meet the intent of this requirement.

(E) Where such facilities are allowed as a conditional use, the following items should be carefully considered as a part of the conditional use permit process:

(1) Proximity to other businesses and subsequent impact.

(2) Parking and circulation.

(3) Safe outdoor play.

(4) Hours of operation.

(5) Adequate lot size.

(Ord. 1040, passed 1-5-16; Am. Ord. 1083, passed 11-17-20; Am. Ord. 1103, passed 9-20-22)

§ 154.120 DRIVE-UP WINDOW SERVICE.

(A) Any business that dispenses merchandise through an exterior window that customers in automobiles drive to shall provide a stacking lane that accommodates forecast traffic and does not hinder other circulation or parking. The following standards shall be used for the number of vehicles accommodated in stacking lanes unless the applicant provides credible support for an alternative number.

Land Use	Minimum Number of Stacking Spaces
Financial institutions with drive-up tellers	6 spaces per window or kiosk
Financial institutions with a drive-up automatic teller machine	2 spaces per window or kiosk
Car wash, self-service	4 spaces per bay at the entrance; 1 space per bay at the exit.
Car wash, automatic	3 spaces per bay at the entrance door and 2 spaces per bay in the entrance lane
Drive-through restaurant	4 spaces behind the menu board; 4 spaces behind the first window.
Gas stations	2 spaces per pump
Other drive-up uses	2 spaces per window

(B) Drive-up lanes shall conform to the setbacks required for parking lots and circulation aisles.

(Ord. 1040, passed 1-5-16)

§ 154.121 FITNESS CENTERS.

(A) Fitness centers are a conditional use in the I-1 and I-2 Districts. They are also an accessory use in those districts.

(B) Fitness centers are a permitted use in the B-1, B-2, B-3 and B-4 districts under the general “service business” category for businesses under 5,000 square feet. For businesses greater than 5,000 square feet, they are a permitted use in the B-1, B-2, B-3 and B-4 districts under the general “service business” category.

(1) Location on the perimeter of the industrial area.

(2) Easy access and visibility from a collector or minor arterial road.

(3) If located in a multiple-use building, proof of adequate parking.

(Ord. 1040, passed 1-5-16)

§ 154.122 GARAGES, RESIDENTIAL.

Requirements for setback and height are found in the Residential zoning districts chapter of this zoning chapter.

(Ord. 1040, passed 1-5-16)

§ 154.123 GROUP HOME OR RESIDENTIAL CARE FACILITY.

(A) Any residential care facility, group home or in-home day care business for children or adults business must maintain the appropriate license from the state.

(B) Parking requirements are presented in § 154.161, Table 15-6.

(Ord. 1040, passed 1-5-16)

§ 154.124 HOME OCCUPATIONS.

(A) Home occupations shall be allowed as an accessory use in all residential districts subject to the following standards:

(1) Not more than 25% of the gross floor area of the residence shall be used for this purpose. If the home occupation is located in an accessory structure, not more than 40% or 300 square feet, whichever is less, shall be used for this purpose.

(2) Only articles made or originating on the premises shall be sold on the premises, unless the articles are incidental to permitted commercial service.

(3) No articles for sale shall be displayed so as to be visible from any street.

(4) No person is employed other than a member of the household residing on the premises.

(5) No mechanical or electrical equipment is used if the operation of the equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered.

(6) No outside storage of material associated with the business shall be allowed.

(7) Conducting of the home occupation shall result in no change of outside appearance of the building.

(8) A sign not exceeding two square feet shall be allowed on the premises.

(9) The home occupations shall conform to the standards in the State Building Code and State Fire Code.

(B) Home occupations allowing retail sales, minor repair services, or employment of persons other than members of the household residing on the premises may be permitted by conditional use permit if the following additional conditions are met:

(1) The occupation does not generate more than two customer vehicles at one time.

(2) The occupation must provide off-street parking.

(3) The operation of the home occupation, as it is apparent to adjacent residential uses, shall be limited to between the hours of 7:00 a.m. and 9:00 p.m.

(`86 Code, § 9.73) (Am. Ord. 978, passed 2-6-12; Am. Ord. 1040, passed 1-5-16)

§ 154.125 MANUFACTURED HOME COMMUNITIES.

(A) Application and review.

(1) Rezoning to the R-M zoning district shall be required.

(2) Platting of the property according to the requirements of Chapter 151, Subdivisions, of the Waseca Code of Ordinances shall be required if the site is not already platted property.

(3) The site plan review submittal and approval process shall be used for the R-M District in addition to any procedures for rezoning or platting, if applicable.

(B) Site requirements.

(1) The area proposed for a manufactured home community shall be at least ten acres in size.

(2) The site shall be platted into at least one parcel as a condition of approval of the rezoning to R-M district.

(3) A manufactured home community may be developed in two or more phases, provided that said phases conform in all respects with the overall manufactured home community development plan. Occupancy shall not be permitted until all facilities and improvements are installed and operational for not less than 50% of the home lots within a phase, and all conditions of the approved site plan being satisfied.

(1) The corners of each manufactured home lot shall be clearly marked and each lot shall be numbered.

(2) The site plan shall indicate which lots are designed for single-wide and which for double-wide manufactured homes. Double-wide homes may not be placed on single-wide lots but single-wide homes may be placed on double-wide lots.

(3) The manufactured home lot shall be improved to provide an adequate placement and tie-down of the manufactured home.

(4) Tie-downs or anchors shall be placed to provide a readily accessible anchor for the manufactured home and be able to sustain a minimum tensile strength as per manufacturer’s requirements.

(5) Skirting that matches the manufactured home shall be installed to enclose the open space between the bottom of a manufactured home floor and the grade level to provide substantial resistance to heavy winds and to improve the appearance of the manufactured home. Access shall be provided for inspections and repairs on utility connections.

(D) Streets and sidewalks.

(1) Each manufactured home lot shall abut a public or private street.

(2) The internal street system shall have at least two connections to the adjacent or planned public street system.

(3) Street alignment and gradient shall be properly adapted to topography and suitable for moving manufactured home segments.

(4) Streets shall be paved and have concrete curb and gutter.

(5) All streets shall be named and have a street sign displaying the street name.

(6) Streets shall be 30 feet wide, measured to the faces of the curbs.

(7) Each street shall include a concrete sidewalk at least 5 feet wide on one side of the street and built to city standards.

(8) Parking shall be allowed on both sides of the street. Overnight parking shall be as regulated city-wide.

(9) Dead-end streets shall not be used unless there is no other way to develop an isthmus of land. Such street shall be limited to 300 feet in length and shall be provided with a standard turn-around bulb.

(10) Street lighting shall be provided consistent with city standards.

(11) All other elements of street design shall be consistent with city standards and reviewed for conformance by the City Engineer.

(12) The owner of the manufactured home community shall be responsible for the proper maintenance of privately-owned streets.

(E) Parking.

(1) Each manufactured home lot shall have paved off-street parking spaces for at least two automobiles. Each space shall be at least nine feet by 20 feet in size. Parking and vehicle storage is allowed only in designated locations.

(2) No more than three motor vehicles shall be stored or kept on any manufactured home lot.

(3) Additional guest parking shall be provided at the rate of one space for every four home lots and shall be located within 300 feet of homes that it is intended to serve.

(4) No inoperable motor vehicle shall be parked, stored or kept outdoors on a manufactured home lot or outdoors in a manufactured home community, except a vehicle that became inoperable when it was in the manufactured home community, and then it shall not be parked in that condition for a period of more than seven days. Parking on public streets shall be subject to city parking standards and regulations.

(5) Vehicles such as boats, boat trailers, travel trailers, recreational vehicles, truck tractors and trucks larger than a “pick-up” size shall not be parked on the street or on a home lot for more than eight consecutive hours. One or more locations in the manufactured home community may be provided for the longer-term parking of such items. Such location(s) shall be separated from the home lots and visually screened with plantings and fencing to the satisfaction of the Community Development Department.

(6) Temporary manufactured home storage may be permitted prior to permanent placement on the manufactured home stand; such temporary storage of a manufactured home shall not exceed eight hours, and shall not occur on a public or private street.

(F) Landscaping.

(1) Each home lot shall include at least one overstory tree.

(2) All parts of the manufactured home community that are not covered by buildings, manufactured homes, parking, streets, driveways or sidewalks shall be landscaped with a combination of turf grass, trees and shrubs.

(3) The perimeter of the manufactured home community, which is subject to additional setback requirements, shall be planted with a combination of overstory and understory deciduous and conifers trees and shrubs so as to provide a visual buffer to or from adjacent land development. A sturdy opaque fence may be used to supplement the plantings. The perimeter planting plan shall be prepared by a registered landscape architect or nurseryman. The design shall be consistent with the requirements of § 154.159, Landscaping, Screening and Fences, and shall be reviewed for conformance by the Planning Director.

(G) Recreation areas.

(1) In each manufactured home community, there shall be one or more recreation areas which shall be easily accessible to all community residents. The size of such recreation areas shall be based upon a minimum of 500 square feet for each home lot. No outdoor recreation area shall contain less than 25,000 square feet. Required recreational area shall be computed in addition to any other common open space required elsewhere in this chapter. Recreation areas shall be located as to be free of traffic hazards and should be easily accessible.

(2) Land and improvements designated for private, on-site recreation may be granted up to 50% credit toward the public park dedication normally required during the platting process. Such credit shall depend on the type and quality of the on-site recreation facilities provided and shall be provided at the discretion of the City Council based on a recommendation of the Park Board and Planning Commission.

(H) Water and sanitary sewer services.

(1) All manufactured homes shall be properly connected to the city water system and sanitary sewer system.

(2) Public water and sewer services shall be designed and installed consistent with city standards.

(I) Surface water management. A surface water management design that conforms to the Waseca Engineering Design Standards for Stormwater Management shall be submitted as part of the subdivision or site plan application for review by the City Engineer.

(J) Storm shelters. Every manufactured home community shall have an above- or below-grade storm shelter that shall be:

(1) Sized based on the estimated fully occupied population of the manufactured home community using the occupant density recommendations of the International Code Council and National Storm Shelter Association standards for the design and construction of storm shelters.

(2) Designed by a licensed structural engineer or architect and built in accordance with plans as approved by the Building Official;

(3) Designed and constructed to meet all applicable requirements of the Americans with Disabilities Act (ADA);

(4) Located no farther than 1,320 linear feet from the furthest manufactured home lot; and

(5) Accessible and usable in times of need; it is unlawful for any required storm shelter to be used for storage purposes.

(K) Community management.

(1) The community manager shall operate the community in compliance with this section and shall provide adequate supervision to maintain the community, its facilities and equipment in good repair and in a clean and sanitary condition.

(2) The manager shall notify community occupants of all applicable provisions of this section and inform them of their duties and responsibilities under this section.

(3) Each park shall have an office for the use of the manager marked “Office” and the marking shall be illuminated during all hours of darkness.

(4) The operator of every manufactured home community shall maintain a registry in the office of the manufactured home park indicating the name and address of each permanent resident.

(5) A map of the manufactured home community shall be displayed at the manufactured home park office and be illuminated during all hours of darkness.

(6) No public address or loudspeaker system shall be permitted.

(7) The community management shall provide for the weekly collection and disposal of trash.

(L) Non-residential uses prohibited. No part of any community shall be used for commercial purposes, except such uses that are required for the direct servicing and well-being of community residents and for the management and maintenance of the community. Nothing contained in this section shall be deemed as prohibiting:

(1) The sale by an owner of a manufactured home located on a manufactured home lot and connected to the pertinent utilities. Any sales of manufactured homes in place on the manufactured home lot shall not in any way relieve any parties involved from complying with all the applicable regulations of this chapter.

(2) Home occupations as allowed by this chapter.

(3) In-home day care.

(M) Continuance of non-conformities.

(1) Any non-conforming manufactured home, or structure, which existed lawfully as of January 1, 1995, and which remains nonconforming by the terms of this chapter, and any such manufactured home, or structure, which shall become nonconforming on January 1, 1995, or upon any subsequent amendment to this chapter, may be continued.

(2) Manufactured home communities that existed lawfully on January 1, 1995, but do not conform to the minimum requirements set forth in this section, may be continued notwithstanding such non-conformity.

(3) Any home located in such manufactured home community may be repaired or replaced without adherence to the minimum requirements set forth in this section provided that the number of home sites in the manufactured home community shall not thereby be increased.

(N) Construction and installation standards. Only manufactured homes, as defined by M.S. § 327.31(6), as it may be amended from time to time, which are constructed in compliance with the Manufactured Home Building Code established by M.S. §§ 327.31 and 327.32, as they may be amended from time to time, may be located in a manufactured home community. They shall be installed according to the provisions of Minn. Rules Chs. 1350 and 4630, as they may be amended from time to time.

(O) State license required. No person, firm or corporation shall establish, maintain, conduct or operate a manufactured home community without first obtaining an annual license from the State Department of Health.

(Ord. 1040, passed 1-5-16)

§ 154.126 MANUFACTURING, POTENTIALLY HAZARDOUS MATERIALS, PRODUCTS OR EMISSIONS.

(A) Any materials, products or emissions that are regulated by the state or federal governments must obtain and maintain the appropriate approvals or licenses from those jurisdictions.

(B) The building(s) and its operations must conform to the requirements of the Minnesota Building Code and the Minnesota Fire Code.

(D) City requirements must be met for site planning, plantings, buffering, access, parking, truck docks, outdoor storage and so on.

(Ord. 1040, passed 1-5-16)

§ 154.127 MANUFACTURING OF PRODUCTS FROM STONE, CLAY OR CONCRETE.

(A) Emissions into the air or water, either direct or indirect, must be contained below levels prescribed by federal, state, watershed or municipal jurisdictions.

(B) The operation must conform to city standards for surface water management.

(Ord. 1040, passed 1-5-16)

§ 154.128 RADIO ANTENNAS, PRIVATE.

Private outdoor radio transmission or reception antenna and towers are permitted as an Accessory Use in any zoning district with these conditions:

(A) Height. Private radio antennas or towers that are mounted on the ground shall not exceed 50 feet in height in residential districts and 75 feet in commercial and industrial districts. Taller heights may be allowed by conditional use permit. Height shall be measured from the nearby ground to the top of the device.

(B) Roof-mounted antennas. The antenna may be placed on the roof of any authorized structure. The total height of the antenna shall not exceed 20 feet above the peak of the roof or roof line.

(C) Location. The radio antenna or tower shall not be located within a front yard setback, a required side yard, or any side yard abutting a street. The antenna shall be located five feet or more from rear lot lines and shall not be located in a utility easement.

(D) Setbacks.

(1) The minimum setback shall be equal to the required setback of a principal structure in the zoning district. The antenna shall be set back from the nearest residential structure a distance equal to the fall radius plus ten feet. Variance from minimum setback standards may be considered only after an engineer certifies that the collapse of the tower would occur within a lesser distance.

(2) Antennas shall be set back from platted public rights-of-way and from planned public rights-of-way shown in the Waseca Comprehensive Plan by a minimum distance equal to the required principal structure setback in the zoning district.

(E) Color and content. Communication devices shall be of a neutral color and shall not be painted with scenes or contain letters or messages which qualify as a sign.

(F) Building permits. A building permit shall be required for the installation of any private antenna or tower. Building permit applications shall be accompanied by a site plan and structural components data for the communication device including details of anchoring.

(G) Lightning protection. Each communication device shall be grounded to protect against natural lightning strikes in conformance with the applicable state and local codes.

(H) Electrical code. Communication device electrical equipment and connection shall be designed and installed in conformance with the applicable state and local codes.

(I) Interference. Use or the physical presence of the communication transmission device shall not interfere with the operation of electronic equipment, including televisions, radios, computers, and the like.

(Ord. 1040, passed 1-5-16)

§ 154.129 RESIDENTIAL CARE FACILITY.

See Group Home.

(Ord. 1040, passed 1-5-16)

§ 154.130 RESIDENTIAL SPECIALTY SHOPS.

(A) Residential specialty shops may be allowed as conditional uses in the R-2 district.

(B) Residential specialty shops shall be restricted to the following uses:

(1) Antiques and collectibles shops, including rare coin and rare book dealers;

(2) Art, craft and hobby shops, including instruction;

(3) Gifts, novelty and souvenir shops;

(4) Interior decorating studios;

(5) Jewelry shops;

(6) Tailoring and custom clothing shops; and

(7) Tea rooms, if combined with another permitted use listed above and not occupying more than 200 square feet. A “tea room” shall, for purposes of this section; be defined as the serving of limited food and beverage items that do not involve the preparation by cooking or processing on the premises. In determining whether to allow a tea room, the Planning Commission and City Council shall review the proposed sale of food items to insure that the sale is incidental to the primary use of the premises and that such sale of food items will not itself tend to generate retail traffic, as opposed to being complementary to the retail use.

(1) The minimum lot area of each lot where a residential specialty shop is established shall be 10,000 square feet.

(2) All trash and refuse must be contained and all refuse receptacles shall be enclosed in opaque fencing at least six feet in height. Screening, in the form of shrubbery, trees or a fence, to a height of at least five feet, shall be installed along all property lines abutting a residential use.

(3) The entire front yard space shall be landscaped with grass or other natural materials, with the exception of areas needed for access drives. At least 50% of the rear yard space shall be landscaped with grass or other natural materials.

(4) A parking plan shall be submitted which shall be approved only upon the terms and conditions as result in preservation of a residential character of the property related to lot coverage and screening.

(5) Not more than 25% of the properties on any block shall be occupied by the permitted nonresidential uses listed in § 154.130(B).

(6) Signs for each permitted specialty retail or service business shall be limited to one sign per permitted business, having a maximum sign area of six square feet and a height not exceeding six feet.

(7) Each specialty retail or service property must front on U.S. Highway 14 or on State Highway 13 (Elm Avenue or State Street) and must abut an established commercially zoned area.

(8) Each property shall maintain an exterior residential appearance and character. The term “residential” shall, for purposes of this section, mean a building that has an exterior facade that is compatible with the surrounding single-family or duplex houses. That is, “residential” shall mean an appearance that would be found in a structure designed for and occupied by a family as a detached single- or double-family residence.

(9) Business hours shall be limited to 9:00 a.m. to 8:00 p.m.

(`86 Code, § 9.76) (Am. Ord. 648, passed 12-7-93; Am. Ord. 1040, passed 1-5-16)

§ 154.131 RESTAURANT, OUTDOOR SEATING OR DRIVE-IN SERVICE.

(A) Restaurants with outdoor loudspeakers, automobile service order devices, drive-in theater, car speakers or similar devices shall not be located within 300 feet of any residential dwelling unit.

(B) The hours of operation shall be set forth as a condition of any building permit for drive-in business.

(Ord. 1040, passed 1-5-16)

§ 154.132 SCHOOLS, K-12, PUBLIC OR PRIVATE.

(A) The site plan shall provide for safe and convenient access by bicyclists, pedestrians, auto and buses.

(B) Other normal requirements apply for site planning, screening, lighting, drainage, setbacks and so on.

§ 154.133 SEXUALLY-ORIENTED USES.

(A) The nature of sexually-oriented uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day-care centers, libraries or parks. Furthermore, the concentration of sexually-oriented uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of sexually-oriented uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of sexually-oriented uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of the uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.

(B) Sexually-oriented uses. Sexually-oriented uses as defined in this chapter shall be subject to the following general provisions.

(1) Sexually-oriented uses either principal or accessory shall be prohibited from locating in any building which is also utilized for residential purposes.

(2) A sexually-oriented use which does not qualify as an accessory use shall be classified as a sexually-oriented use-principal.

(3) A sexually-oriented use either principal or accessory shall not sell or dispense 3.2 malt or intoxicating liquors nor shall it be located in a building or on a property which contains a business that sells or dispenses 3.2 malt or intoxicating liquors.

(4) No sexually-oriented use entertainment shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the sexually-oriented use establishment which is prohibited by any ordinance of the city, the state or the United States of America. Nothing in this section shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors.

(5) No sexually-oriented use either principal or accessory shall be conducted in any manner that permits the perception or observation from any property not approved as a sexually-oriented use of any materials depicting, describing or related to “specified sexual activities” or “specified anatomical areas” by any visual or auditory media, including display, decoration, sign, show window, sound transmission or other means.

(6) Sexually-oriented use-principal and sexually-oriented use-accessory establishments shall prominently display a sign at the entrance and located within two feet of the door-opening device of the sexually-oriented use establishment or section of the establishment devoted to adult books or materials which states: “This business sells or displays material containing adult themes. Persons under age 18 years of age shall not enter.” The sign shall have letters at least three-eighths inches in height and no more than two inches in height.

(7) No person under the age of 18 shall be permitted on the premises of a sexually-oriented use-principal establishment. No person under the age of 18 shall be permitted access to material displayed or offered for sale or rent by a sexually-oriented use-principal or accessory establishment.

(C) Sexually-oriented use-principal. Sexually-oriented use-principal, as defined in this section, shall be subject to the following general provisions:

(1) Sexually-oriented use-principal, shall be located at least 1,500 radial feet, as measured in a straight line from the closest part of the building or actual leased space of the sexually-oriented use-principal to the property line of R-1, R-2 and R-3 zoned property or property in the PUD which is projected to be residential.

(2) Sexually-oriented use-principal shall be located at least 1,500 radial feet, as measured in a straight line from the closest part of the building or actual leased space of the sexually-oriented use-principal to the property line of:

(a) A licensed day-care center;

(b) A public or private educational facility classified for preschool, early childhood family education, special education, pre-kindergarten, elementary, junior high or senior high;

(d) A public park; and

(e) Another existing sexually-oriented use-principal.

(3) The use shall be located within a building or actual leased space of a building within the area allowable for sexually-oriented use-principal uses. Buildings or leased space intersected by a line representing the allowable area will be considered permissible only for that portion of the building or leased space that is within the allowable area.

(4) Sexually-oriented use-principal activities, as defined by this section, shall be classified as one use. No two sexually-oriented uses-principal shall be located in the same building or upon the same property.

(D) Sexually-oriented uses-accessory. Sexually-oriented use-accessory shall:

(1) Comprise no more than 10% of the floor area of the establishment in which it is located;

(2) Comprise no more than 20% of the gross receipts of the entire business operation; or

(3) Not involve or include any activity except the sale or rental of merchandise.

(a) Sexually-oriented use-accessory shall be restricted from and prohibit access to persons under the age of 18 by the physical separation of the items from areas of general public access:

1. Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or controlled in some other effective manner which meets with the approval of the Zoning Administrator.

2. Magazines. Publications classified or qualifying as sexually-oriented uses shall not be accessible to persons under the age of 18 and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

(b) Other use. Sexually-oriented use-accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.

(c) Sexually-oriented use-accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted.

(`86 Code, § 9.79) (Am. Ord. 727, passed 1-5-99; Am. Ord. 1040, passed 1-5-16)

§ 154.134 SOLAR ENERGY SYSTEMS.

Solar energy conversion systems shall be allowed as an Accessory Use in any zoning district under these conditions:

(A) In residential zoning districts:

(1) Devices which are attached to a Principal or Accessory structure shall be constructed so as to appear integral to the structure. That is, flat against a wall, flat against a sloped roof or mounted at an angle on a flat roof. Solar devices on a flat roof must be set back so they are not visible from the public street. Solar equipment shall be consistent with the setback and height requirements of the principal or accessory structure on which they are located.

(2) Freestanding devices are allowed in residential zoning districts provided they do not exceed a 100 square foot footprint, do not exceed 12 feet in height, and are screened visually from adjacent properties by a fence or plantings not less than 75% opaque. Such devices shall conform to accessory structure setback requirements.

(B) In Commercial or Industrial zoning districts, solar devices may be mounted on a wall, a roof or on the ground. Setbacks normally applied to Accessory structures apply.

(Ord. 1040, passed 1-5-16; Am. Ord. 1078, passed 7-21-20)

§ 154.135 SWIMMING POOLS, SPAS AND HOT TUBS.

All private swimming pools, both above the ground and in the ground, whirlpool spas, hot tubs and similar features that are capable of holding water at a depth of more than 30 inches are subject to the following standards:

(A) The pool, spa or hot tub shall not be operated as a business or private club except when allowed as a permitted home occupation.

(B) The pool, spa or hot tub including any related walks, paved areas or other structures, shall not be located in a front yard, and must be set back at least five feet from any property line.

(C) The pool, spa or hot tub, the rear yard or the entire property shall be enclosed by a wall or fence or combination thereof which is at least four feet tall with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children from the street or adjacent properties. A cover capable of being locked but not easily penetrated when the subject is not in use may be substituted for fencing.

(D) If the only access to a pool, spa or hot tub is through a principal or accessory structure, all points of access shall be made lockable.

(E) Required fencing shall be of durable wood, masonry or metal, and shall be so designed as to discourage climbing. Building walls may contribute to enclosure requirements.

(F) In the case of above-ground pools, spas or hot tubs, sides that are vertical or slanted outward may contribute to required fencing, provided that all points of access are controlled to prevent access by children, including the removal of all ladders and/or stairs whenever the pool is not in use. A cover capable of being locked but not easily penetrated when the subject is not in use may be substituted for fencing.

(G) Any pool, spa or hot tub with drain must be equipped with anti-entrapment drain covers or related safety equipment.

(H) Existing pools, spas or hot tubs as defined by this chapter, shall comply with all provisions of this chapter within one year of the effective date of this chapter.

(Ord. 1040, passed 1-5-16)

§ 154.136 TRUCK STOPS.

(A) Fuel sales or bulk storage of fuel or other flammable liquids must maintain the appropriate license from the state.

(B) Truck stops may include as principal uses restaurants, shower facilities, repair and maintenance of heavy trucks, and truck drivers’ lounges.

(C) Among other normal requirements, the facility must conform to the City’s requirements for surface water management in particular.

(Ord. 1040, passed 1-5-16)

§ 154.137 VEHICLE FUEL AND SERVICE STATIONS.

(A) No vehicles shall be parked on the premises other than those used by employees or awaiting service. No vehicle shall be parked or be waiting service longer than 30 days.

(B) The exterior storage of trash, merchandise, spare parts, etc., not including customers’ vehicles awaiting service, shall conform to the requirements of § 154.159, Landscaping, Screening and Fences.

(C) Exterior storage other than vehicles shall be limited to service equipment and items offered for sale. Exterior storage of items offered for sale (merchandise) shall be within the parking setback requirements and shall be located in containers such as the racks, metal trays and similar structures designed to display merchandise.

(D) All areas for the temporary storage of trash, recycling or discarded parts shall be fully screened from view. All structures and grounds shall be maintained in an orderly, clean and safe manner.

(E) Lights shall be designed and placed in such a manner as to shield the light away from the public street or another site.

(F) Business activities not listed in the definition of automobile service stations and not incidental to the business are not permitted on the premises unless a conditional use permit is obtained. These include but are not limited to:

(1) Automatic car or truck wash;

(2) Rental of vehicles, equipment or trailers.

(G) Gasoline dispensing pumps located at and a part of other types of businesses shall require a conditional use permit.

(`86 Code, § 9.70) (Am. Ord. 984, passed 7-17-12; Am. Ord. 1040, passed 1-5-16)

§ 154.138 VEHICLE REPAIR, MECHANICAL.

(A) All repairs shall be conducted in a building.

(B) No vehicles shall be parked on the premises other than those used by customers, employees or those awaiting service. No vehicle shall be parked or be waiting service longer than 30 days.

(C) The exterior storage of trash, merchandise, spare parts, etc., not including customers’ vehicles awaiting service, shall conform to the requirements of § 154.159, Landscaping, Screening and Fences. All areas for the temporary storage of trash, recycling or discarded parts shall be fully screened. All structures and grounds shall be maintained in an orderly, clean and safe manner.

(D) Exterior storage other than vehicles shall be limited to service equipment and items offered for sale. Exterior storage of items offered for sale shall be within parking setback requirements and shall be located in containers such as the racks, metal trays and similar structures designed to display merchandise.

(Ord. 1040, passed 1-5-16)

§ 154.139 VEHICLE REPAIR, BODY.

(A) All of the requirements for vehicle repair, mechanical, shall apply.

(B) All damaged vehicles awaiting repair shall be screened from view by a fence not less than 75% opaque and plantings. Such vehicles shall be stored in the interior side or rear yard of the site.

(Ord. 1040, passed 1-5-16)

§ 154.140 VEHICLE SALES, NEW OR USED AUTOS, LIGHT TRUCKS, MOTORCYCLES.

(A) No vehicle shall be parked or displayed within a required parking or driveway setback or buffer area.

(B) All repair shall be conducted in a building;

(D) Unloading of vehicles must occur on-site and not in the public road right-of-way.

(E) The facility must conform to the city’s requirements for landscaping, lighting, signs, trash handling and surface water management.

(F) Permitted accessory uses include:

(1) Repair of automobiles, light trucks, heavy trucks, motorcycles, boats or all-terrain vehicles;

(2) Car washes subject to the requirements in this chapter for car washes;

(3) Rental of automobiles;

(4) Sale of rental automobiles.

(Ord. 1040, passed 1-5-16)

§ 154.141 WASTE RECYCLING OR WASTE TRANSFER FACILITY.

(A) All activity must occur within an enclosed building.

(B) Any required county or state licenses must be maintained.

(D) Truck access doors shall not face a public street or a residential use or district.

(E) The site must be landscaped and screened in conformance with § 154.159, Landscaping, Screening and Fences.

(Ord. 1040, passed 1-5-16)

§ 154.142 WIND ENERGY CONVERSION SYSTEMS IN NON-RESIDENTIAL ZONING DISTRICTS.

(A) Purpose and intent. The purpose of this section is to promote safe, effective and efficient use of alternative energy sources and systems as the technology becomes available. The intent is also to establish standards and procedures by which the installation and operation of wind energy conversion systems (WECS) shall be governed within the city. This section shall apply to all such systems designed for the purpose of producing electricity from wind energy.

(B) Application. Wind energy conversion systems (WECS) may be allowed as an accessory conditional use in all commercial zoning districts, except B-1, central business district, and in all industrial zoning districts, subject to the regulations and requirements of this section. Applications for WECS shall be governed by the provisions of this section and the requirements of § 154.179, Conditional Use Permit.

(C) Compliance with State Building Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings, shall be provided, along with the engineering data and calculations, to demonstrate compliance with the structural design provisions of the State Building Code, especially concerning wind and icing loads. A registered engineer shall certify drawings and engineering calculations.

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

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

(F) Design standards.

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

(a) A one-foot-to one-foot ratio of the closest property line distance to WECS base and the system height.

(b) A maximum system height of 200 feet.

(c) The shortest height of the two above-mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA regulations and/or MnDOT regulations. All WECS shall be registered with MnDOT Aeronautics.

(2) Setbacks. No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback, and no part of the system shall be within ten feet of any property line, whichever is greater. WECS towers shall be setback from the closest property line one foot for every one foot of system height. WECS shall not be located within 20 feet of an above ground utility line.

(3) Freestanding ground systems. All freestanding ground systems shall be constructed using a monopole or lattice-tower-type construction. In no case shall guy wires be permitted.

(4) Rotor clearance. Blade-arcs created by the WECS shall have a minimum clearance of 20 feet above the ground.

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

(6) Rotor safety. Each WECS shall be equipped with both a manual and automatic speed control and braking device.

(7) Disconnect. A visible exterior disconnect is required, per the National Electrical Code.

(8) Certification required. All WECS shall be UL-listed or certified by an equal agency recognized by the State of Minnesota.

(9) Lightning protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city.

(10) Tower access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:

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

(b) A locked, anti-climb device shall be installed on the tower.

(11) Signs. WECS shall have one sign, not to exceed two square feet, at the base of the tower, which shall contain the following information:

(a) Warning high voltage.

(b) Manufacturer’s name.

(d) Emergency shutdown procedures.

(12) Lighting. WECS shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by FAA regulations.

(13) Electromagnetic interference. WECS shall be designed and constructed so as not to cause radio and television interference.

(14) Noise emissions. Noises emanating from the operation of WECS shall be in compliance with and regulated by the state pollution control standards.

(G) Building permit required. A building permit shall be required for the installation of all WECS in the city.

(H) Inspection. The city hereby reserves the right, upon issuing any WECS conditional use permit, to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition or poses a potential safety hazard, the owner shall, upon written notice from the city, take expeditious action to correct the situation. The city may require the WECS to be shut down until safety issues are addressed and corrected if, in the opinion of the inspector, there is an immediate threat to health or safety.

(I) Abandonment. Any WECS or tower that is not used for six successive months shall be deemed abandoned, and shall be dismantled and removed from the property at the expense of the property owner.

(Ord. 1040, passed 1-5-16)

§ 154.143 WIND ENERGY CONVERSION SYSTEMS IN RESIDENTIAL ZONING DISTRICTS.

Wind turbines shall be a conditional accessory use in any residential zoning district subject to the following:

(A) Applicability. These regulations apply to any property use located in a residential zoning district and that has a rated output of greater than 0.5 kW.

(B) Number of small wind turbines allowed. One per land parcel.

(C) Location. Wind energy conversion systems may be located either in the rear yard (freestanding) or on the roof of the house or garage (attached).

(D) Minimum parcel size required. One-half acre.

(E) Setback.

(1) Freestanding wind turbines shall be set back by a distance equal to the height of the wind turbine from any property line or overhead utility lines. Height shall be measured from the base of the tower to the top of the rotor arc. The requirement in this section regarding shadow flicker may dictate additional setback.

(2) Guy wire anchors shall be set back at least 5 feet from any property line.

(F) Tower height.

(1) Freestanding systems. The tower height (including the turbine housing but not including the rotor) shall not exceed 50 feet for parcels up to 0.50 acre. The tower height shall not exceed 80 feet for parcels greater than 0.50 acre.

(2) Attached systems. The tower height (including the turbine housing but not including the rotor) shall not exceed the height of the building plus ten feet.

(G) Rotor diameter. The maximum rotor diameter for Residential district wind turbines with a horizontal axis shall be 12 feet.

(H) Wiring location. All wiring from the tower to the residence shall be underground.

(I) Automatic over-speed controls. All small wind turbines shall be equipped with manual (electronic or mechanical) and automatic over-speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.

(J) Interference avoidance. Wind turbines shall not be installed in any location where they would interfere with existing residential radio, television, wireless phone or other personal communication system reception. No small wind turbines shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link’s operation.

(K) Appearance. The small wind turbine and tower shall have a flat finish as applied by the manufacturer. The objective is to have the equipment as inconspicuous as practicable.

(L) Information to be submitted. All applications shall include the information required for a site plan approval. In addition, the applicant shall submit:

(1) A site plan showing:

(a) Property lines and physical dimensions of the subject property;

(b) Location, dimensions and types of existing structures on the property;

(d) Location all overhead utilities.

(2) Small wind turbine system specifications, including manufacturer and model, rotor diameter, tower height and tower type (freestanding or guyed);

(3) Tower foundation blueprints or drawings signed by a professional engineer licensed to practice in Minnesota;

(4) Tower blueprint or drawing signed by a professional engineer licensed to practice in Minnesota;

(5) Evidence from a certified professional that the wind turbine will not result in shadow flicker on the windows of a nearby occupied structure of any type for more than 30 minutes per day; or for more than one hour per day on a public road or a residential lot.

(M) Compliance with Federal Aviation Administration (FAA) Regulations. Small wind turbines must comply with applicable FAA regulations.

(N) Insurance. Prior to the issuance of a building permit for the installation of a small wind turbine, the applicant shall provide the Community Development Department with evidence that the homeowner’s insurance policy has been endorsed to cover damage or injury that might result from the installation and operation of the wind turbine.

(Ord. 1040, passed 1-5-16)

§ 154.144 ELECTRIC VEHICLE CHARGING STATIONS.

(A) General.

(1) Private (restricted access) EV charging stations are permitted as accessory uses in all zoning districts.

(2) Public EV charging stations are permitted as accessory uses to allowed nonresidential uses in all zoning districts.

(B) Parking.

(1) Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements.

(2) Public electric vehicle charging stations must be reserved for parking and charging electric vehicles only. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that apply to any other vehicle.

(C) Equipment. Vehicle charging equipment must be designed and located so as not to impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.

(D) Usage fees. Property owners are not restricted from collecting a service fee for the use of an electric vehicle charging station.

(E) Signage.

(1) Information must be posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.

(2) Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.

(F) Maintenance. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number or other contact information must be provided on the equipment for reporting when it is not functioning, or other problems are encountered.

(Ord. 1078, passed 7-21-20)

§ 154.145 CANNABIS BUSINESS USES.

(A) General performance standards.

(1) Any cannabis or lower-potency hemp edible retail business must be registered with the city in accordance with Chapter 124 of the city code.

(2) A cannabis business must provide evidence of a state license under M.S. § 342.14 and all applicable state laws and regulations.

(3) All cannabis or lower-potency hemp edible businesses must be in compliance with the provisions of Chapter 124 of the city code and all applicable state laws and regulations related to the operation of a cannabis business.

(B) Standards for cannabis retail businesses.

(1) Hours of operation. Cannabis retail business sales are permitted between the hours of 8:00 a.m. and 10:00 p.m. Monday through Saturday and between the hours of 10:00 a.m. and 9:00 p.m. on Sunday. No sales are permitted before 8:00 a.m. or after 10:00 p.m. Monday through Saturday; or before 10:00 a.m. or after 9:00 p.m. on Sunday.

(2) The cannabis business shall be conducted entirely within a principal structure and all outside storage is prohibited.

(3) All waste and recycling containers shall be kept within a principal or accessory building.

(1) Except at a registered microbusiness, retail sales of lower-potency hemp edibles and cannabis products are prohibited.

(2) The cannabis business shall be conducted entirely with a principal structure and all outside storage is prohibited.

(3) All waste and recycling containers shall be kept within a principal or accessory building.

(4) All on-site consumption of cannabis (in a microbusiness-licensed facility only) shall be entirely indoors.

(5) Sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting a cannabis business shall be provided for at all times.

(6) Cannabis cultivation shall not be perceptible from the exterior of the building in which cultivation occurs.

(7) Site, ventilation, and building security plans must be compliant with applicable state regulations.

(Ord. 1118, passed 6-3-25)