[1-20-2015 by Ord. No. 594]
A. 
Purpose. The purpose of this section is to ensure the safety and wellbeing of the facilities' clients.
B. 
Safety and Security Measures. A plan shall be submitted as part of the permit review.
1. 
Enclosure of outside areas may be required to provide protection from rail, traffic, water, machinery, or other environmental hazards.
2. 
Secure or alarmed exits (in compliance with building and fire code). Examples include:
a. 
Mechanical or electronic restricted access systems. These types of systems are designed to prevent unauthorized people from gaining access to a center. All the doors leading into the center are locked from the inside. You may be asked to enter a code or password onto a key pad or identify yourself before the door is opened. Sometimes, you may be "buzzed" into the building after you have been identified. The system may be as simple as a door bell or as complex as security system that is electronically operated.
b. 
Main entrance unlocked, all other doors locked to prevent someone from coming into the building from the outside. This type of system requires that everyone enter the building through the same entrance unless you have a key to another door. Perhaps the director's office will be near the main entrance so that he or she can see who is coming into the building. The center controls the access to areas inside the building by monitoring who is entering.
c. 
Bell or alert device attached to an unlocked door. In this type of system, the main entrance to the building is unlocked, but equipped with a bell or buzzer so that every time the door opens, the bell or buzzer goes off. Access to the building is not controlled but because it alerts the occupants of the building that someone has come or gone it can monitor what is occurring.
A. 
Stacking shall be provided in accordance with Article 17 of this chapter, with such areas designated to facilitate adequate on-site circulation.
B. 
Water shall not drain across any sidewalk or into a public right-of-way, subject to the approval of the City Engineer.
C. 
Vacuuming and drying facilities shall be located in an enclosed structure or located away for any residential use to minimize the impact of noise.
D. 
All water disposal facilities including sludge, grit removal, and disposal equipment shall conform with all sections and codes regarding sewerage and health.
A. 
A fence a minimum of five feet in height shall surround all outdoor play areas.
B. 
All necessary permits and/or licenses shall be obtained from the State of Minnesota and any other applicable state agency prior to the opening of the facility.
C. 
When a child care facility is proposed in a church or school building, the use shall be considered a permitted accessory use; and shall meet the stipulations outlined above.
Are permitted by a Conditional Use Permit only as an accessory use to a business or restaurant, as identified within this chapter, providing the following requirements are met:
A. 
No drive-thru window shall be adjacent to a public street.
B. 
Drive-thru facilities shall be limited to one service window which is part of the principal structure and not more than two queuing lanes, unless approved along with additional landscaping, screening, or other pedestrian amenities such as fencing, seating, raised pedestrian crossings, etc.
C. 
There shall not be any additional curb cuts on a public right-of-way exclusively for the use of drive-thru queuing or exit lanes. Drive-thru traffic shall enter and exit from internal circulation drives.
D. 
Queuing space for at least four cars or 70 feet shall be provided per drive-thru service land as measured from but, not including the first drive-thru window or teller station.
E. 
Queuing space shall not interfere with parking spaces or traffic circulation with the parking lot or upon the public right-of-way.
F. 
Alcoholic beverages shall not be served.
G. 
Exterior loud speakers shall be located a minimum of 150 feet from any parcel containing a residential use and such speakers shall comply with the noise regulations as provided within Isanti City Code of Ordinances.
H. 
A by-pass lane shall be provided, allowing autos to exit the drive-thru lane from the stacking lane.
I. 
Screening of automobile headlights must be provided. Screening shall be at least three feet in height and fully opaque. Screening shall consist of a wall, fence, dense vegetation, berm or grade change or similar screening as determined to by acceptable by the City Council.
[9-16-2014 by Ord. No. 583]
A. 
Purpose. The purpose of this section is to allow for the gradual transformation of the areas of the business districts that are primarily residential to convert to business and commercial type uses that are fitting to the districts and to provide a means through the establishment of specific standards and procedures by which extended home occupations can be conducted in business and mixed-use districts without jeopardizing the health, safety, and general welfare of surrounding properties. Each extended home occupation shall comply with the applicable standards so as to ensure that no adverse impact accrue to neighboring properties or infringe upon the rights of adjoining property owners.
B. 
Regulations.
1. 
Permit Required. Extended Home Occupations shall be applied for and reviewed in accordance with the provisions as established within Article 21 Administration and Enforcement, Section 3 Interim Use Permits.
2. 
Declaration of Conditions. The Planning Commission and City Council may impose such conditions on the granting of an extended home occupation permit as may be necessary to carry out the purpose and provisions of this Subdivision.
3. 
It shall be determined by the Planning Commission and City Council whether the use and location are fitting and compatible with the surrounding neighborhood.
4. 
Term of Permit; Renewal. A special or extended home occupation permit may be issued for a period of one year after which the permit may be re-issued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special or extended home occupation permit.
5. 
Reconsideration. Whenever an application for an extended home occupation permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property and use shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial.
6. 
Extended Home Occupations are subject to review upon complaints from the neighborhood. If the complaints are considered substantial, and upon inspection there has been a change in the conditions associated with the extended home occupation or a breach of the provisions of this Subdivision or the conditions placed upon the approval of the extended home occupation are no longer being recognized, the process for revocation of the Interim Use Permit in accordance with the provisions of Article 21, Section 3 may be initiated.
C. 
General and Specific Requirements. All home occupations shall comply with the following general requirements and according to the applicable definition, the additional requirements depending upon the type of home occupation:
1. 
General Requirements.
a. 
The home occupation shall meet all applicable Fire and Building Codes.
b. 
All home occupations shall comply with the provisions of the City Nuisance Ordinance.
c. 
Home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number of on-street spaces permitted and increase or decrease the maximum number when and where changing conditions require additional review.
d. 
The home occupation shall not constitute a fire hazard to adjacent or nearby residences, or a nuisance to neighbors because of excessive traffic, light, glare, noise, odors, vibrations or other circumstances, as determined by the fire marshal or Zoning Administrator.
e. 
Signage shall comply with Article 16 of this chapter.
f. 
Exterior storage or display of equipment, materials, tools, supplies, products or by-products used or produced in conjunction with the home occupation is prohibited.
g. 
Any vehicle used in conjunction with the home occupation shall comply with the Article 17 of this chapter and Chapter 227 of the Isanti City Code.
h. 
The home occupation shall not include operations relating to internal sales, or any other objectionable uses as determined by the Zoning Administrator.
2. 
A contract between the refuse handler and the owner shall be provided for all other waste including but not limited to garbage, recyclable material, decayed wood, sawdust, shaving, bark, lime, sand, ashes, oil, tar, chemicals, offal, and all other substances not sewage or industrial waste which may pollute the waters of the state. The contract shall be provided prior to issuance of the interim use permit and shall cite the destruction of waste and shall be renewed annually on or before January 1st of each year.
3. 
Toxic, explosive, flammable, or other restricted materials used, sold, or stored on the site in conjunction with the home occupation must conform to the Isanti City Code and the Uniform Fire Code.
4. 
If the owner of an extended home occupation is conducting operations in a detached accessory building, said accessory building must be located on the same parcel as the owner's dwelling unit, or a parcel immediately adjacent to the owner's dwelling, to which the owner also has fee title.
A. 
When more than 20 vendors are anticipated, trash receptacles and screened dumpsters shall be provided on the site. Such dumpsters shall be picked up the day following the close of the market.
B. 
The site shall be maintained and cleaned on a nightly basis to eliminate debris and rodent activity.
C. 
The site shall be accessible via a collector or an arterial roadway.
D. 
Sales hours will only be permitted from sunrise to sunset.
E. 
A parking plan shall be submitted for City Council review and approval.
F. 
When more than 20 vendors are anticipated, restroom facilities shall be provided on or adjacent to the property. When provided on an adjacent property, written approval from the neighboring property owner, authorizing the use of restroom facilities from the neighboring property shall be filed with the City.
A. 
An automobile car wash facility shall be permitted as an accessory use and shall meet the standards as stipulated within this section.
B. 
A minimum of two access points for vehicular traffic shall be provided, so as to avoid conflict with traffic movement on the property.
C. 
Fuel pumps shall be installed on pump islands. Canopies covering pump islands shall meet the required setbacks as established within the zoning district in which the use is located.
D. 
All design and site plans for a proposed gas station or an expansion of an existing station must be reviewed by the Planning Commission and approved by the City Council. The facilities appearance shall be designed to be compatible with the surrounding residential land uses, if any, and is subject to City Council approval.
E. 
There shall be no exterior storage or sales of goods or equipment, except where specifically allowed elsewhere within this chapter.
F. 
No vehicular sales or repair, other than the dispensing of motor fuel shall be permitted.
G. 
All area of the property not devoted to building, parking, or open sales lot area shall be landscaped in accordance with Article 15 of this chapter.
H. 
Off-street parking and loading shall meet the requirements as stipulated within Article 17 of this chapter.
A. 
Required off-street parking and loading shall not be used for outdoor sales or storage areas and shall meet the requirements of Article 17 of this chapter.
B. 
All items awaiting repair or pickup shall be stored on site within an enclosed building.
C. 
Disposal of fluids and scrap parts shall comply with MPCA requirements.
D. 
All areas of the property not devoted to building or parking areas shall be landscaped in accordance with Article 15 of this chapter.
E. 
Venting of odors, gas, and fumes shall be directed away from adjacent residential uses.
F. 
Sales and display of items associated with the business shall be done within an enclosed building.
G. 
Additional conditions may be established to control noise during the operation of the facility, which may include but is not limited to the hours of operation.
A. 
Purpose and Intent.
1. 
Recognize that food, in its various forms, is essential to the health and well-being of the City of Isanti, and that the unregulated operation of meat processing facilities and/or slaughter houses may create health hazards, or otherwise jeopardize the public health and welfare of the residents of the City of Isanti.
2. 
It is the intent of the City of Isanti to attempt to frame this Subdivision consistently with the definitions and regulations already in place in State Statute so as to provide for the consistent and convenient regulation of meat processing facilities and slaughter houses.
3. 
It shall be unlawful for any person to operate a slaughter house, custom processing facility or meat processing facility for the butchering of animals within the City of Isanti except in conformance with this Subdivision.
B. 
Regulations.
1. 
No person may, with respect to any animal or meat food product, slaughter any animal or prepare an article that is usable as human food, at any establishment or place of business within the City of Isanti except in accordance with this Subdivision. Additionally, no person may operate any slaughter house, custom processing activity, or meat processing facility except in compliance with this Subdivision.
2. 
The operation of a meat processing facility or custom processing activity is allowed as a conditional use only as an accessory use to a meat market within the "B-1" Central Business District. All such uses must, however, be in strict conformance with all Federal and State laws for the operation of such facilities. The following are conditions to govern custom processing and meat processing facility activities within the City of Isanti.
a. 
Slaughter of animals shall take place inside a closed building in a confined area to prevent the transmission of sound associated with the slaughter to the outside.
b. 
The transport of animals and animal by-products from the slaughter shall be pursuant to the conditions set forth in the Conditional Use Permit issued by the City of Isanti.
c. 
Off-street parking and loading shall meet the requirement of Article 15 of this chapter.
d. 
Disposal of waste shall be in accordance with all applicable laws and regulations. This is meant to include, but is not limited to, all sewage, processed and unprocessed animal parts, manure, entrails, blood, hides and bones.
e. 
The facility must have all necessary federal, state and county licenses and approvals, and shall comply with all state and federal health and safety regulations.
f. 
The maximum area (indoor, outdoor or combination thereof) for the keeping and slaughtering of animals shall not exceed the floor area of the meat market. The Conditional Use Permit will limit the size of the facility and the number of animals for keeping or slaughtering.
g. 
The facility hours of operations shall be pursuant to those set forth in the Conditional Use Permit issued by the City of Isanti.
h. 
Exterior storage areas, including animal storage areas, and vehicle and trailer storage, shall be prohibited within the Central Business District.
i. 
Live animals may be held on site for no more than 24 hours.
j. 
Waste slaughter byproducts shall be disposed of in accordance with all applicable federal, state, and local regulations. At a minimum, waste shall be disposed of within 48 hours of being produced. Waste shall be stored in airtight containers and shall be confined in fully enclosed structures. Manure from holding areas shall be removed from the site daily or stored in a manner to control odor as approved by the City of Isanti.
k. 
The conditional use permit shall be subject to a facility management plan, waste handling plan, site plan, and noise and odor control plan as approved in writing by the City Council.
l. 
All loading and unloading areas shall be screened from view from adjacent properties and public streets.
C. 
State and Federal Licenses or Permits. No person shall operate a slaughterhouse, custom processing facility or meat processing facility unless that person has first obtained any required State or Federal licenses or permits.
A. 
Required off-street parking and loading shall not be used for outdoor sales or storage and shall meet the requirements of Article 17.
B. 
All vehicles awaiting repair or pickup shall be stored on site within an enclosed building or within defined parking spaces.
C. 
No sales, storage, or display of used automobiles or other vehicles, to include but not limited to motorcycles, snowmobiles, or all-terrain vehicles will be permitted on the property.
D. 
Disposal of vehicle fluids shall comply with MPCA regulations.
E. 
All areas of the property not devoted to building or parking areas shall be landscaped in accordance with Article 15 of this chapter.
F. 
Venting of odors, gas, and fumes shall be directed away from adjacent residential uses.
G. 
Additional conditions may be established to control noise during the operation of the facility, which may include but is not limited to hours of operation.
A. 
Services and sales are associated with a principal building with a minimum floor area of at least 1,000 square feet.
B. 
All area of the property not devoted to building, parking, or open sales lot area shall be landscaped in accordance with Article 15 of this chapter.
C. 
Off-street parking and loading shall meet the requirements as stipulated within Article 17 of this chapter.
D. 
All new or used vehicles parked or displayed outdoors on the property shall conform to all requirements of the State of Minnesota; shall be operable; shall include all engine, muffler, brakes, and operating parts; shall be equipped with all exterior body parts as if new (for a passenger vehicle, truck or van, this shall mean four tires, all doors and windows, headlamps and grillwork, mirrors, fenders, trunk, lids, body panels and molding, etc., or if a boat, all windshields, safety railings, hulls, trailer, etc.); shall be uniformly and wholly painted; and shall be free from having any loose or damaged exterior parts.
E. 
All repair, assembly, disassembly or maintenance of motor vehicles or motor vehicle parts shall occur within an enclosed building.
F. 
A detailed site plan conforming to the requirements of Article 18 of this chapter shall be submitted. The site plan shall also illustrate the location of all open sales and storage areas.
G. 
No outside speaker system shall be permitted without the approval from the City Council.
H. 
A landscaped buffer shall be provided, if the use abuts any residential zoning district. Solid screening to a minimum height of six feet shall be provided along any portion of the open sales lot abutting a residential property or district. Such screening shall consist of a continuous landscape berm, solid wood fence, wall, or other comparable material. Fencing shall be constructed of wood or comparable material and should be of an ornamental or decorative design. If a chain link or wood fence is used, landscaping shall be provided on the outside of the fence facing the abutting residential property or district.
A. 
Open sales lots and parking shall be paved with concrete or bituminous before the operation begins and shall be maintained to control dust, drainage, and erosion.
B. 
Interior concrete and asphalt curbs shall be constructed on the property to separate driving/parking surfaces from landscaped areas.
C. 
A strip of not less than five feet adjacent to the public right-of-way shall be landscaped or screened in accordance with the provisions as set forth in Article 15 of this chapter.
D. 
Open sales area shall be set back a minimum of 10 feet from the property line.
E. 
Required off-street parking and loading shall not be used for outdoor sales or storage and shall meet the requirements of Article 17.
F. 
Solid screening to a minimum height of six feet shall be provided along any portion of the open sales lot abutting a residential property or district. Such screening shall consist of a continuous landscape berm, solid wood fence, wall, or other comparable material. Fencing shall be constructed of wood or comparable material and should be of an ornamental or decorative design. If a chain link or wood fence is used, landscaping shall be provided on the outside of the fence facing the abutting residential property or district.
Are permitted as an accessory use to a bar, restaurant, club, or other assembly use with liquor or food sales, providing the following requirements are met:
A. 
The patio or deck shall be contiguous to the principal structure and shall meet the setbacks of the primary structure.
B. 
The patio or deck area shall conform to all zoning and building code requirements. If smoking is to be permitted on the patio or deck, such structures shall be in compliance with the Minnesota Freedom to Breathe Act of 2007.
C. 
If service of food, alcohol, and non-alcoholic beverages is provided, the liquor liability insurance and license shall stipulate this particular area as well.
D. 
The primary access to the patio or deck shall be from the principal building. The area surrounding the patio or deck shall be fenced so as not to allow entrance from the outside and so as to prohibit the free passage of any person or substance from the area.
E. 
Signs shall be posted in accordance with State Statute to advise persons of the existence of acceptable non-smoking and smoking permitted areas with the patio or deck area.
F. 
An employee shall be assigned to supervise the area during all hours of operation.
G. 
Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc., shall be provided.
H. 
Amplified sound that would disturb the peace of the surrounding area is prohibited.
I. 
Patios/Decks shall be a maximum of 800 square feet in area.
J. 
The proprietor of an outdoor dining area/patio/deck or bar area of a restaurant may designate for smoking up to 50% of the outdoor seating capacity of the restaurant provided this location is appropriately signed.
Food service businesses, including, but not limited to, bakeries, delicatessens, coffee shops, and restaurants, may provide temporary outdoor seating as an accessory use for their patrons, provided the following requirements are met:
A. 
An administrative permit shall be reviewed and approved by the City Planner or his/her designee. If the proposed outdoor seating area abuts a residential district, then a Conditional Use Permit is required.
B. 
Seating and furniture shall enhance the appearance of the business.
C. 
Seating areas shall be located in a controlled or cordoned area with at least one opening to an acceptable pedestrian walk. When a liquor license is involved, an enclosure is required and the enclosure shall not be interrupted. Access to such area shall be through the principal building only. Signage shall be displayed that restricts the consumption of alcohol outside of the designated outdoor seating area.
D. 
Seating shall be located and designed so as not to interfere with pedestrian and vehicular circulation.
E. 
Seating areas shall be equipped with trash receptacles and shall be periodically reviewed for litter pick up.
F. 
Seating areas shall not have loud speakers or audio equipment that is audible from adjacent property lines. All exterior sound equipment shall be shut off by 10:00 p.m.
G. 
Lighting shall be permitted to the extent that it only illuminates the designated seating area.
H. 
Seating areas shall not obstruct required accesses, entrances, and exits into the business establishment, but shall be located adjacent to the principal use.
I. 
Seating shall not be located in such a manner as to obstruct parking spaces. No additional parking is required for 30 seats or less. Any additional seating over 30 seats shall provide required parking based on one space per three seats.
J. 
Any proposed outdoor seating plan over 50 seats shall be reviewed as a Conditional Use Permit.
[11-17-2009 by Ord. No. 470]
A. 
Outside storage areas shall be surfaced with bituminous, concrete, or other surfaces, including but not limited to crushed rock, Class 5, or recycled materials, as recommended by the Planning Commission and approved by the City Council.
B. 
Outside storage area shall not be placed within required parking or loading areas, which are deemed necessary to meet code requirements.
C. 
Outside storage areas shall be located within the rear yard; however, outdoor storage may be located within the side yard, providing the side yard is not adjacent to or across the street from any residentially zoned property.
D. 
All outside storage areas shall be effectively screened year-round, by a wall, fence, or densely planted vegetation in accordance with Article 15 of this chapter.
E. 
Cars, vans, and pickup trucks parked outside and used by employees and/or visitors in the normal course of business operation will not be construed as outdoor storage. Further, outside parked trucks and semi-trailers used in conjunction with normal business activities will not be construed to be outdoor storage provided a) the total number of trucks and semi-trailers does not exceed the number of docks and/or bay doors; b) such vehicles are currently licensed by the State of Minnesota and are in the process of delivering or picking up goods or materials, and c) such use is not construed as an operation listed as a conditional use in the industrial zone. All other vehicles and/or equipment associated with the business shall meet the fencing and screening requirements as stipulated within this chapter.
A. 
Required off-street parking and loading areas shall not be used for outdoor sales or storage and shall meet the requirements of Article 17 of this chapter.
B. 
All vehicles awaiting repair or pickup shall be stored within an enclosed building or within defined parking spaces.
C. 
Disposal of vehicle fluids shall comply with MPCA requirements.
D. 
All areas of the property not devoted to building or parking areas shall be landscaped in accordance with Article 15 of this chapter.
E. 
Venting of odors, gas, or fumes shall be directed away from adjacent residential properties.
F. 
Additional conditions may be established to control noise during operation of the facility, which may include but is not limited to hours of operation.
G. 
Properties located within the "B-1" Central Business District shall be subject to the following additional standards, due to the unique nature and location of the zoning district:
1. 
Vehicles awaiting repair or pickup, which is stored within defined parking spaces shall be effectively screened year-round, by a wall or fence in accordance with Article 15 of this chapter.
2. 
No outside storage of damaged vehicles, parts, and equipment shall be permitted.
3. 
Open sales lots are subject to the provisions as stipulated within this section and Section of this chapter.
4. 
The maximum number of vehicles either for sale, rent, or awaiting repair on the property shall be limited to four.
Are permitted as an accessory use to a bar, restaurant, club, or other assembly use with liquor or food sales; providing the following requirements are met:
A. 
The structure shall be located on the subject property and shall conform to all zoning and building code requirements as well as state statutes.
B. 
Smoking shelters shall be a detached accessory outdoor structure and shall be located within the buildable lot area in the rear or side yard. The structure shall meet the setback requirements of the primary structure.
C. 
The structure may have a roof and/or partial walls, but must be less than 50% enclosed as defined by state statute. All enclosures shall be constructed of materials, which are compatible with the overall architecture of the principal structure or development and shall have a permanent foundation.
D. 
Smoking shelters shall not be located closer than 25 feet from any entrances, exits, open windows and ventilation intakes of a public place.
E. 
Smoking shelters shall not be more than 400 square feet in area.
F. 
The smoking shelter shall be defined or constructed so as to prohibit the free passage of any person or substance from the area.
G. 
An employee shall be assigned to supervise the area during all hours of operation.
H. 
Amplified sound that would disturb the peace of the surrounding area is prohibited.
I. 
Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc., shall be provided.
J. 
Service of food and alcoholic and non-alcoholic beverages is prohibited in smoking shelters.
A. 
Purpose. The City desires placement of towers to allow for the best telecommunication abilities of its citizens and businesses, but also to limit the number of towers by supporting co-location of carriers on a telecommunications antenna or tower. The City desires that towers not be placed on environmentally sensitive areas. In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary in order to:
1. 
Facilitate provision of wireless communications services to the residents and businesses of the City;
2. 
Minimize adverse visual effects of towers through careful design and siting standards;
3. 
Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
4. 
Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. This includes co-locating of telecommunication carriers.
B. 
Zoning Districts. The City will allow telecommunication towers and antennas on City Land, areas zoned Industrial, Highway Commercial, and General Commercial with a Conditional Use Permit and a Site plan. Towers in these locations will be allowed in the back and side yards only.
In residential zoning classifications, as noted within this chapter, the City will only allow telecommunication towers with a Conditional Use Permit and site plan only if all other options are exhausted. No variance on setbacks is allowed in this zoning. Towers in these locations will be allowed in the back and side yards only.
Towers supporting amateur radio antennas, in residential zoning, and conforming to all applicable provisions of this Code shall be allowed only in the rear yard; the fall zone must not overlay on any primary residential structure.
C. 
Performance Standards. Any proposed commercial wireless telecommunication service 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 between 60 and 99.9 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying height.
D. 
Co-location Requirements: All commercial wireless telecommunication towers erected, constructed, or located within the City shall comply with the following requirements:
A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius 1.5 mile for towers under 120 feet in height of the proposed tower due to one or more of the following reasons:
1. 
The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
2. 
The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.
3. 
Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonable as documented by a qualified and licensed professional engineer.
4. 
Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
E. 
Any proposed commercial wireless telecommunication service 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 antennas mounted at varying heights.
F. 
Area Wide Analysis/Proof of Need. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis that the location of the antenna as proposed is necessary to meet the frequency reuse and spacing needs of the wireless telecommunication facilities and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.
G. 
Proof of Non-Interference. Each application for construction of a wireless telecommunication facility shall include either a preliminary or a certified statement that the construction of the tower, including reception and transmission functions, will not interfere with the radio, television, etc., service enjoyed by adjacent residential and nonresidential properties. In the event only a preliminary statement is submitted with the application, a final certified statement of non-interference will be provided and approved by the City prior to issuance of a building permit. An engineer licensed to practice in the State of Minnesota shall prepare the statement.
H. 
Setbacks. Setbacks of the parcel shall be equivalent to the setbacks of a principal structure in that zoning district. Setbacks equal to the height of the tower shall be established on sites that are adjacent to churches, schools, gas stations, and residential use zoning. Accessory buildings must meet all zoning setbacks.
I. 
Lighting. Towers shall not be artificially lighted unless required by the Federal Aviation Administration or other federal or state authority. Light fixtures to illuminate a ballfield, parking lot, or similar area may be attached to the tower.
J. 
Structural, Design, Height, Screening, Access, and Building Requirements.
1. 
Antennas and towers must blend in with the surrounding environment, including locating antennas on roofs of buildings, on the walls of buildings, or on City property.
2. 
Maximum height is limited to 150 above the ground upon which the antenna is placed. The City Council may allow towers up to 200 high if the applicant can demonstrate that based upon the topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off-site views of the tower will be minimized.
3. 
Existing on-site vegetation shall be preserved to the maximum extent possible.
4. 
The installation shall be designed compatible with the underlying site plan. The base of the tower and any accessory structures shall be landscaped. Accessory structures will be designed to be architecturally compatible with principal structures on the site.
5. 
The tower shall be painted light blue or other color that is demonstrated to minimize visibility. No advertising or identification visible off-site shall be placed on the tower or antennas.
6. 
All towers shall be provided with security fencing to prevent unauthorized entry.
K. 
Obsolete or Unused Towers.
1. 
The property owner shall remove all obsolete and unused towers and accompanying accessory facilities within 12 months of cessation of use. The owner placing a new tower must submit and maintain a bond in such amount and for such term as deemed sufficient by the City to assure removal of the tower in case the owner of the tower refuses to comply.
Or
2. 
Abandoned or unused towers or portions of tower shall be removed as follows:
a. 
All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless the City Planner approves a time extension. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property.
b. 
Unused portions of the tower above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.
L. 
Effect of Ordinance on Existing Towers and Antennas: Antennas and towers in the City as of the publishing of this chapter which do not conform to or comply with this chapter are subject to the following provisions:
1. 
Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this chapter.
M. 
Additional Submittal Requirements. In addition to the information required elsewhere in this Code, development application for towers shall include the following supplemental information:
1. 
A report from a qualified and licensed professional engineer which:
a. 
Describes the tower height and design including a cross section and elevation;
b. 
Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
c. 
Describes the tower's capacity, including the number and type of antennas that it accommodates;
d. 
Documents what steps the applicant will take to avoid interference with established public safety telecommunications;
e. 
Includes an engineer's stamp and registration number;
f. 
A site plan clearly indicating a fall-zone equal to the height of the tower/antenna; and,
g. 
Includes other information necessary to evaluate the request.
2. 
For all commercial wireless telecommunication service tower, a letter of intent committing to tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
3. 
Before the issuance of a building permit, the following supplemental information shall be submitted:
a. 
Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration; and,
b. 
A report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards.
[3-16-2010 by Ord. No. 480]
The purpose of the temporary outdoor sales and transient merchant sales regulations is to provide a method for merchants to have tent, sidewalk, and similar sales or promotional events for limited periods of time and provide a method for nonprofit organizations to raise funds. Temporary outdoor sales and transient merchant sales are considered an accessory use; however, they do require the approval and issuance of an Administrative Permit prior to their location on a particular parcel.
A. 
In General. The following requirements apply to both temporary outdoor sales and transient merchant sales events:
1. 
Temporary outdoor sales are permitted four times per calendar year, and shall not exceed 10 days for each event. No more than the number of permits identified shall be issued to the same business owner in any given calendar year. Transient merchants are permitted two times per calendar year, and shall not exceed five days for each event. No more than the number of permits identified for transient merchants shall be issued to a property in any given calendar year.
2. 
Temporary outdoor sales are limited to those parcels in which the underlying zoning district allows general retail sales as permitted, conditional, or interim uses. Transient merchant sales are limited to the "B-1" and "B-2" Districts.
3. 
Each tenant or business entity is permitted to have temporary outdoor sales; however, the event shall be clearly accessory to or promoting the permitted, conditional, or interim use approved for the site.
4. 
Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted site plan and provided that it is determined by the City that they will not impair parking, emergency access, or the safe and efficient movement of pedestrian/vehicular traffic on or off-site. Such temporary structures must comply with all applicable building codes and permit requirements.
5. 
The submitted plan shall demonstrate that off-street parking for the proposed event can and will be provided for the duration of the event. Parking may be provided on adjacent parcels with written consent of the property owner.
6. 
No portion of the sales area or any advertising for the event shall take place within any public right-of-way or vision sight triangle.
7. 
Any signage for the event shall comply with Article 16 of this chapter.
8. 
There shall be no more sales activities other than those specified within the Administrative Permit. The event or sale shall take place on the property as depicted within the approved plan and within the time permitted in the permit.
9. 
No buildings, equipment, or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment, and displays must be removed by the end date identified on the permit.
10. 
Non-profit and civic organizations are permitted temporary outdoor sales, providing the requirements above are met.
11. 
Sales activities may be conducted within a required yard provided the activity does not interfere with parking, traffic circulation, or emergency vehicle access.
B. 
Transient Merchants. The following shall apply to transient merchants and are in addition to those items required in Subsection A In General.
1. 
Transient merchants shall be in conformance with the requirements of Chapter 245 of the Isanti City Code of Ordinances.
2. 
Sales of fireworks shall also be regulated by Chapter 171 of the Isanti City Code of Ordinances.
3. 
The operator and/or owner of a transient merchant sales lot shall have written permission from the property owner on which the sale or event will be located.
4. 
Transient merchant locations must be maintained in an orderly and safe manner.
5. 
The use of any horn, bell, or any loud or unusual noise to call attention to a transient sale is prohibited.
A. 
The construction of a temporary real estate office(s) shall require an interim use permit and shall meet the additional requirements as herein stipulated.
B. 
No temporary real estate office shall incorporate outside lighting which creates a nuisance due to glare or intensity to surrounding property owners.
C. 
All temporary real estate office signage shall comply with the sign regulations as stipulated within Article 16 of this chapter.
D. 
The interim use permit shall terminate three years from its date of issuance or at such time as 85% of the development is completed, whichever occurs first, unless a different time line is approved by the City Council.
E. 
No certificate of occupancy permit shall be issued for a temporary real estate office until such time as the structure has been converted to a residence. Such conversion shall include but not be limited to parking area restoration and the removal of any additional signs or lighting.
F. 
Adequate parking areas shall be provided on the site for visitors. The overall design, drainage, and surfacing of any temporary parking facilities shall be subject to the approval of the Building Official and City Engineer.
G. 
Additional conditions may be placed upon the interim use permit, in an effort to mitigate for any potential negative effects such a use may have upon the surrounding residential uses.