5.7. SR 10-02-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Item Number
5.7.
Prepared by
Angela Hanske, Past Legal Intern and
oan Schmidt, Ci Clerk
Reviewed by
Bruce West, Fire Chief
Administration October 2, 2006
Item Description
Amendments to Cha ter 30 of the Ci Code
Introduction
The current draft of Chapter 30 of the City Code contains defInitions that are outdated as a result of
structural and administrative changes in the City of Elk River. The amendments contained in this
proposed ordinance will assure that the code contains accurate descriptions of who has authority to
enforce what code provisions.
Discussion
Three existing defInitions from ~30-1 must be removed, and replaced with the appropriate deflnition. The
removals and replacements must occur throughout the Chapter.
First, the deflnition for Building and Zoning Administrator must be removed because the position no longer
exists. All duties once performed in that position have been delegated to the Fire Chief. The current
deflnition of Fire Chiefis vague, and an amended deflnition is required to clarify the position and its
duties.
Second, the term Uniform Building Code must be removed because it is no longer in use by the City or the
State. Where the term appears in Chapter 30, Article III, section 30-262(b) it will be replaced with the
term Property Maintenance Code.
Third, the tide Building and Zoning Official is an improper tide, and must be changed to Building Official. The
current deflnition is also vague in its description of duties, and should be clarifIed.
The current city code also fails to defme fire code. Proposed language for a deflnition has been inserted
with the defmitions.
Two other clarifIcations also need to be made to the body of the ordinance. First, in section 30-196(b),
license renewal will occur only where the premises has completed and passed an inspection within the last
year. Second, in section 30-264(e) screens should be required between January and December each year.
Financial Impact
These changes will result in reprinting and re-codifIcation fees.
Attachments
1. Ordinance No. 06-_ Amending Chapter 30 of the City Code
2. Summary Resolution of the proposed ordinance for publication purposes
s: \ Council\) oan \ Ordinance Changes \RFCA-Chapter 30.doc
Action Requested
1. Motion to approve Ordinance No. 06-_ amending Chapter 30 of the City Code.
2. Motion to approve Resolution No. 06-_ a summary resolution of the approved ordinance for
publication purposes.
Council Action
Motion by _
Second by _
Vote
Follow Up
S: \ Council\) oan \ Ordinance Changes \RFCA-Chapter 30.doc
ORDINANCE 06-_
CITY OF ELK RIVER
AN ORDINANCE AMENDING C~TER 30
The City Council of the City of Elk River does hereby ordain as follows:
Strikcthroughs to be removed
Underlines to be added
ARTICLE I. IN GENERAL
Sec. 30-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Abandoned sign means a sign which no longer identifies or advertises a bona fide
business, lessor, service, owner, product, or activity, and/or for which no legal owner can
be found.
Accessory use, structure or building means a use, structure or building or portion of a
structure subordinate to and serving the principal use and structure on the same lot and
customarily incidental thereto.
Address sign means a sign which identifies the numerical address of the premises on
which the sign is located.
Administrative subdivision means a subdivision involving the creation of four or fewer
tracts or lots.
Advertising sign means a sign structure advertising an establishment, merchandise,
service, or entertainment which is not sold, produced, manufactured, or furnished at the
property on which the sign is located.
Agricultural research facilities means buildings, laboratories, and other facilities or
structures which are used in connection with agricultural research and development,
investigation, testing, or experimentation. Such facilities may include, but are not limited
to, animal feeding facilities, barns, storage buildings, confinement areas, or other animal
housing units; pasture and grazing areas; cropped or tilled fields; grain and feed
processing; nursery areas; and agricultural waste management facilities or systems.
Agricultural use means the use of land for growing or producing field crops, keeping or
producing of livestock, and livestock products and poultry. The term shall include
incidental retail selling by the producer of products raised on the premises, provided that
customer parking space is furnished off the public right-of-way. The term shall not
include feedlots.
Alley means a public or private right-of-way not greater than 24 feet in width which
affords a secondary means of access to abutting property.
Alteration sign means any change, reconstruction, relocation, or enlargement of a sign, or
of any of its component parts. Routine maintenance, the changing of movable parts of
signs which are designed for such changes, and the repainting of sign copy and display
matter shall not be deemed to be an alteration within the context of article VI, division 5,
subdivision II, of this chapter pertaining to signs.
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Animal unit is a unit of measure used to compare differences in production of animal
wastes which has as a standard the amount of waste produced on a regular basis by a
slaughter steer or heifer.
Animals, agricultural, mean animals which are used for the production of food or other
products. Agricultural animals shall include cattle, hogs, bees, sheep, goats, chickens,
turkeys, horses, and other animals commonly accepted as farm animals in the state.
Animals, dangerous, mean a mammal, bird, or large or poisonous reptile with a
propensity to be dangerous to the safety and welfare of any person, property or other
domestic animal. Examples of such dangerous animals include but are not limited to
bears, lions, wolves, coyotes, cougars, tigers, panthers, apes, alligators, crocodiles, large
snakes (greater than six feet), and poisonous snakes, badgers, and ocelots, excluding
dogs, cats, other traditional house pets and livestock. Dangerous animals shall also
include any animal that has attacked or bitten any person when the attack or bite was
unprovoked. Animals which are cross-bred with dangerous animals shall also be
considered dangerous animals.
Animals, domestic, means traditional house pets such as dogs, cats and birds which can
be contained within a principal structure throughout the entire year, provided that
containment can be accomplished without special modification to the structure requiring
a building permit from the city. Domestic animals also include birds and rabbits normally
sheltered outside the home.
Animals, nontraditional or exotic, means animals which are not normally considered to
be domesticated but are not dangerous animals as defined in this section.
Animated sign means any sign which uses movement or changes of lighting to depict
action or to create a special effect or scene (compare Flashing sign).
Antenna means any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including but not limited to directional antennas, such as panels,
microwave dishes, and satellite dishes, and omni-directional antennas, such as whip
antennas.
Antenna tower means an integrated system consisting of a tower mast and reinforced
concrete base pier, which mayor may not be guyed, supporting one or more antennas for
radio, television, telephone and microwave transmitting and receiving.
Apartment means a building other than a hotel or motel containing four or more dwelling
units which have primary entrances from the same common hallways.
Area identification sign means a freestanding or wall sign which identifies a specific
residential subdivision development whether single-family or multifamily, or a
commercial development or an industrial park, and which is located on the same premises
as the development which it identifies.
Awning means a shelter projecting from and supported by the exterior wall of a building
constructed of nonrigid materials on a supporting framework (compare Marquee).
Awning sign means a sign painted on, printed on, or attached flat against the surface of an
awnmg.
Banner sign means a sign made of fabric or any nonrigid material with no enclosing
framework.
Basement means any area of a structure, including crawl spaces, having its floor or base
sub grade (below ground level) on all four sides, regardless of the depth of excavation
below ground level.
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Bed and breakfast establishment means an owner occupied residence with up to five
guest rooms providing accommodations on a transient basis. The length of stay is limited
to one week; breakfast is the only meal served and is limited to registered guests only.
Billboard. See Advertising sign.
Block means the enclosed area within the perimeter of roads, property lines or boundaries
of the subdivision.
Bluff means a topographic feature such as a hill, cliff, or embankment having the
following characteristics (an area with an average slope of less than 18 percent over a
distance for 50 feet or more shall not be considered part of the bluff):
(1) Part or all ofthe feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high-water level of the water
body;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the
ordinary high-water level averages 30 percent or greater; and
(4) The slope shall drain toward the water body.
Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff.
Boardinghouse means any dwelling other than a hotel, motel, or apartment where meals
and lodging are provided for compensation to four or more persons unrelated to the
owner or possessor, pursuant to previous arrangement.
Boulevard means the portion ofthe street right-of-way between the curb line and the
property line.
Boulevard sign means any stationary self-supported sign fixed to a base flush to the
ground and not affixed to any other structure.
Buildable land area means the gross land area less the unbuildable land area that includes
floodways, hydric and restrictive soils, land with slopes over 33 percent, wetlands and
areas that cannot accommodate septic systems.
Building means any structure having a roof which provides shelter or enclosure for
persons, animals, chattel, or property of any kind. When separated by bearing walls
without openings, each portion of such building so separated shall be deemed a separate
building.
Building find Z-8ning lldministrilior means the building and zoning administrator for
the eity or his designated agents authorized to enforee artiele III of this ehapter
pertaining to housing standards.
Building and Z-8ning official means the building and zoning official of the city as
designated by the city council, who is authorized to enforce the Minnesota Building
Code.
Building code means the Uniform Building Code promulgated by the International
Conferenee of Building Offieials, as adopted by the eity. the current Minnesota
buildin2 code and its amendments as adopted bv the city.
Building height and height of building mean the vertical distance between the highest
adjoining ground level at the building or ten feet above the lowest ground level,
whichever is lower, and the highest point of a flat roof or average height of the highest
gable of a pitched or hipped roof.
Building height (downtown) within the downtown district (DD) means the dimension
taken from the sidewalk on Main Street to uppermost portion ofthe cornice.
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Building line, as used in article VI, division 13, of this chapter, means that line measured
across the width of the lot at the point where the main structure is placed in accordance
with setback provisions.
Building setback line and building line, as used in article VI of this chapter, mean a line
within a lot, plot, or other parcel of land parallel to a public right-of-way, a side or rear
lot line, a high-water mark, or a shoreline behind which buildings or structures must be
placed.
Bulletin board means a sign which identifies an institution or organization on the
premises on which it is located and which contains the name of the institutional
organization, the names of individuals connected with it, and general announcements of
events or activities occurring at the institution, or similar messages.
Business directory means a sign which identifies the names of the specific businesses
located in a shopping center or business park and which is located on the premises of the
center so identified.
Business sign and business wall sign mean a sign which only pertains to the use of the
premises on which it is located.
Cabinet sign means a sign or portion of a sign constructed to be supported in substantial
part by means of a separate box-like structure, with each segment of the sign message
attached to one or a group of supports.
Caliper means the length of a straight line measured through the trunk of a tree six inches
above the ground for up to and including a four-inch caliper size, and 12 inches above the
ground for larger sizes.
Campground means a facility used primarily for overnight and short-term tent camping,
truck campers and recreational vehicles. Such a vehicle shall meet the following
qualifications:
(1) The vehicle is not used as the residence of the owner or occupant.
(2) The vehicle is used for temporary living quarters by the owner or occupant while
engaged in recreational, vacation or temporary vacation activities.
(3) The vehicle is towed or otherwise transported, by its own or by other power, on the
public streets or highways incidental to such recreational or vacation activities.
Permitted accessory uses include a recreational area for campground guests and retail
sales of over-the-counter items for campground guests only.
Canopy means a fixed or operable horizontal projection or hood over a door, window,
niche, etc.
Canopy sign means any message or identification which is affixed to a projection or
extension of a building or structure, erected in such a manner as to provide a shelter or
cover over the approach to any entrance of a store, building or place of assembly.
Cemetery means a parcel or tract of land that is set apart, used or intended to be used for
the internment ofthe dead, established and operated per Minn. Stats. Chapters 306 and/or
307.
Chair massage, on-site, means a massage performed by a licensed massage therapist at
any location other than a therapeutic massage establishment. On-site chair massage shall
be confined to massage for relaxation purposes only of the face, neck, and shoulder area
of a person fully clothed and not lasting more than 15 minutes.
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Changeable copy sign (automatic) means a sign on which the copy changes
automatically, such as time, temperature, and stock market indexes, but does not include
message signs on a lamp bank or through mechanical means.
Changeable copy sign (manual) means a sign on which copy is changeable manually
rather than by automation.
Clearance (of a sign) means the smallest vertical distance between the grade of the
adjacent street or street curb and the lowest point of any sign, including the framework
and embellishments, extending over that grade.
Clearcutting means the removal of an entire stand of vegetation.
Closure statement means a statement prepared by the park owner clearly stating that the
park is closing, and addressing the availability, location and potential costs of adequate
replacement housing within a 25-mile radius ofthe park that is closing and the probable
relocation costs of the manufactured homes located in the park.
Commercial planned unit developments are typically uses that provide transient, short-
term lodging spaces, rooms, or parcels and whose operations are essentially service
oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and
camping parks, and other primarily service-oriented activities are commercial planned
unit developments.
Commercial recreation means a building, structure or open space designed, constructed
and operated by a private enterprise for recreational purposes and open to the general
public. Such facilities may include bowling alleys, tennis courts and other leisure uses.
Commercial use means the principal use of land or buildings for the sale, lease, rental, or
trade of products, goods, and services.
Commercial wireless telecommunication service means licensed commercial wireless
telecommunication services, including cellular services, personal communication services
(PCS), specialized mobilized radio (SMR) services, enhanced specialized mobilized radio
(ESMR) services, paging and similar services that are marketed to the general public.
Commissioner, as used in article VI, divisions 12 and 13, of this chapter, means the
commissioner of the state department of natural resources.
Common gardens mean land used by residents of a development for the production of
trees, vegetables, fruits and flowers.
Community septic system means a sewage treatment system serving two or more dwelling
units located outside the city's urban service district.
Community service agriculture means horticulture and floriculture that serves the local
area.
Comprehensive development plan and comprehensive plan mean the City of Elk River
Growth Management Plan, as amended by the city, including a compilation of policy
statements, goals, standards and maps indicating the general locations recommended for
various functional classes of land use, places and structures, and for the general physical
development of the city. It shall have the same meaning as the term "comprehensive
municipal plan" in the law.
Conditional use means uses specifically designated in each zoning use district which may
be permitted in such use district only by a conditional use permit.
Conditional use permit means a permit issued by the city in accordance with section 30-
651 et seq.
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Condominium means a common interest community in which portions of the real estate
are designated as units, the remainder of the real estate is designated for common
ownership solely by the owners of the units, and undivided interests in the common
elements are vested in the unit owners.
Coniferous/evergreen tree means a woody plant which, at maturity, is at least 30 feet or
more in height, with a single trunk, fully branched to the ground, having foliage on the
outermost portion of the branches year-round.
Conservation easement means a legal agreement creating an interest in real property
created in a manner to impose limitations or affirmative obligations regarding the use of
property, including the retention, protection, and maintenance of open space.
Construction sign means a temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating the names of the
architects, engineers, landscape architects, contractors or similar artisans, and the owners,
financial supporters, sponsors, and similar individuals or firms having a role or interest
with respect to the situation or project.
Contour map means a map on which irregularities of land surface are shown by lines
connecting points of equal elevation. Contour interval is the vertical height between
contour lines.
Copy means the wording on a sign surface in either permanent or removable letter or
picture form.
Cornice means any horizontal projecting ornamental molding that finishes or crowns the
top of a building, wall, arch, etc.
County board means the Sherburne County Board of Commissioners.
Deciduous overstory shade tree means a woody plant which, at maturity, is 30 feet or
more in height, with a single trunk unbranched for several feet above the ground, having
a defined crown, and which loses leaves annually.
Deciduous understory ornamental tree means a woody plant which, at maturity, is less
than 30 feet in height, with a single trunk, unbranched for several feet above the ground,
having a defined crown, and which loses leaves annually.
Deck means a horizontal, unenclosed platform with or without attached railings, seats,
trellises, or other features, attached or functionally related to a principal use or site and at
any point extending more than 30 inches above ground.
Deflection means the angle between a line and the prolongation of the preceding line.
Department store means a relatively large store selling a number of different kinds and
types of goods such as clothes, shoes, hardware, interior lighting and decoration items,
sports equipment, furniture, appliances and house wares to retail customers.
Development means the act of building structures or installing site improvements.
Directional sign means a sign erected on private property for the purpose of directing
pedestrian or vehicular traffic onto or about the property upon which such sign is located,
including signs marking entrances and exits, circulation direction, parking areas, and
pickup and delivery areas, which does not display advertising copy.
Displaced resident means a resident of an owner-occupied manufactured home who rents
a lot in a manufactured home park, including the members of the resident's household, as
of the date the park owner submits a closure statement to the city planning commission.
Display area means the area from the top of the kickplate to the head ofthe entrance
door.
6
Drainage course means a watercourse or indenture for the drainage of surface water.
Dry cleaning means the process of removing dirt, grease, paint, spots, stains or any other
form of foreign matter from wearing apparel and/or household furnishings by any means
other than washing with soap or detergent and water.
Dry cleaning establishment means an establishment for the mechanical dry cleaning of
garments, articles or goods of fabric for retail customers.
Dry cleaning pick-up station means establishments where customers drop-off and pick up
garments or articles that are sent to another location for dry cleaning. Such establishments
are consistent with general retail uses.
Duplex means, for the R-3 town home district, a two-family dwelling; each unit may be
for rent or owner-occupied.
Duplex, triplex, and quad mean a dwelling structure on a single lot having two, three,
and four units respectively, being attached by common walls and with each unit being
equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
Dwelling means a building which is designed or used exclusively for human habitation
either permanently or transiently.
Dwelling, multiple-family, means a detached building containing three or more dwelling
units, with the number of families in residence not exceeding the number of dwelling
units provided. Condominiums and cooperatively owned multiple residential dwellings
are multiple-family dwellings for purposes of article VI of this chapter.
Dwelling, single-family, as used in article VI of this chapter, means a detached building
containing one dwelling unit designed for occupancy by one family.
Dwelling site means a designated location for residential use by one or more persons
using temporary or movable shelter, including camping and recreational vehicle sites.
Dwelling, two-family, means a detached building containing two dwelling units designed
for occupancy by not more than two families.
Dwelling unit, as used in article VI of this chapter, means one room, or rooms, located in
a dwelling which are connected together constituting a separate, independent unit for
owner occupancy, rental or lease, physically separated from any other room or dwelling
unit which may be in the same structure, and containing independent cooking, sleeping
and sanitary facilities, but not including hotels, motels, boardinghouses or rooming
houses, tourist homes, mobile homes, travel trailers or tents.
Dwelling unit, as used in article VI, divisions 12 and 13, of this chapter, means any
structure or portion of a structure, or other shelter, designed as short-term or long-term
living quarters for one or more persons, including rental or timeshare accommodations
such as motels, hotels, rooms and cabins.
Easement means a grant by an owner of land for a specific use by the public, quasipublic
or persons other than the owner.
Easement, utility or drainage, means a limited ownership interest in land enabling the
construction and maintenance of public services and utilities thereon, including, but not
limited to, sanitary sewers, water mains, electrical lines, telephone lines, storm sewer or
storm drainage facilities and gas lines.
Electrical sign means a sign or sign structure in which electrical wiring, connections, or
fixtures are used.
Eligible land means all land within the boundaries of a tract, except for land in existing
public road rights-of-way; or any area occupied by rivers, streams or lakes; or any area
7
one acre or larger and classified as a U.S. Army Corps of Engineers type 3,4, or 5
wetlands, as described in the U.S. Army Corps of Engineers pamphlet entitled "10
Important Questions," U.S. Government Printing Office No. 1979-768-929.
Equal degree of encroachment means a method of determining the location of floodway
boundaries so that floodplain lands on both sides of a stream are capable of conveying a
proportionate share of flood flows.
Essential services (public utility uses) means underground or overhead gas, electrical,
steam or water distribution systems, and collection, communication, supply or disposal
systems, including poles, wires, mains, drains, sewer, pipes, conduits, cables, traffic
signals, hydrants, or other similar equipment and accessories in conjunction therewith,
but not including buildings or transmission services.
Excavation means the removal of sand, gravel, rock, clay, silt, soil, or other like material
from the land. The material shall not leave the parcel from which it originated.
Exterior storage means the storage of goods, materials, equipment, manufactured
products and similar items not fully enclosed by a building.
Facade means the entire building front, including the parapet.
Face of sign means the area of a sign on which the copy is placed.
Family means any number of individuals generally, but not necessarily, related by blood
and marriage, living together at one location as a single, nonprofit housekeeping unit, as
distinguished from a group occupying a boardinghouse or roominghouse, tourist home,
hotel or motel.
Farm dwelling means a building designed for residential occupation by human beings
located on a farm, the occupant of which owns the farm or is employed thereon.
Feedlot means a confined area used for housing or feeding poultry or livestock where
substantial amounts of animal waste will be generated, but not including barns or pens
which are accessory uses incidental to a farming operation. For the purpose of section 30-
803, feedlots shall include only those operations with more than ten animal units.
Fence means a partition, structure, wall, or gate erected as a dividing marker, visual or
physical barrier or enclosure.
Festoon means a string of ribbons, tinsel, small flags, or pinwheels.
Final plat means the final map, drawing or chart on which the subdivider's plan of
subdivision is presented to the city council for approval and which, if approved will be
submitted to the county recorder as required in state statutes.
Fire chief means the fire chief for the city, or his designated agents authorized to
enforce Article III of this chapter pertainin2 to housin2 standards.
Fire code means the current Minnesota fire code and its amendments as adopted by
the city.
Flashing sign means a sign which contains an intermittent or sequential flashing light
source used primarily to attract attention, other than changeable copy signs.
Flood means a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that result in the inundation of normally dry areas.
Flood frequency means the frequency for which it is expected that a specific flood stage
or discharge may be equaled or exceeded.
Flood fringe means that portion of the floodplain outside of the floodway. The term
"flood fringe" is synonymous with the term "floodway fringe" used in the flood insurance
study for the city.
8
Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
Floodproofing means a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of
flood damages.
Floodway means the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store the
regional flood discharge.
Floor area means the sum of the gross horizontal area of all floors of a building
measured from the exterior walls, including basements and attached accessory buildings.
Floor area ratio (FAR) is the numerical value obtained by dividing the floor area of a
building by the total size of the lot on which such building is located.
Floriculture means the cultivation and management of ornamental and flowering plants
for sale on-site from a wayside stand.
Freestanding sign means a sign supported upon the ground by poles or braces and not
attached to any building.
Frontage means the longest length of the property line of anyone premise along the
street or road on which it fronts.
Frontage, building, means the length of an outside building wall facing the street or road
on which it fronts.
Garage, private, means an accessory building for storage of self-propelled vehicles and
tools and equipment maintained as incidental to a conforming use of the premises.
Garage, public, means any premises except those defined as a private garage used for
the storage or care of self-propelled vehicles or where any such vehicles are equipped for
operation or repair or are kept for remuneration, hire, or sale.
Gasfitter means any person engaged in the business of installing, altering, repairing,
testing, or extending any fuel tanks, power plants, gas or oil burners, gas or oil piping or
gas appliance items or connections.
Government sign means any temporary or permanent sign erected and maintained by the
city, county, state or federal government for traffic direction or for identification of or
direction to any school, hospital, historical site, or public service, property, or facility.
Governmental buildings and facilities means any building, structure, or facility for the
purpose of a facility serving certain governmental functions. These uses are intended to
include uses that are supportive of governmental functions such as public works facilities,
correctional facilities, jails, and waste handling or processing facilities. These uses are
intended to be distinguished from governmental offices and essential services.
Governmental offices mean any facility, building, and structure for the purpose of
providing governmental services to the general public. Uses intended are generally
compatible with office and residential uses and include city offices, county offices,
courthouses, jail cells operated exclusively in conjunction with and incidental to
Sherburne County courtroom functions, libraries, and post offices. These uses are
intended for the direct provision of governmental services to the public as distinguished
from governmental buildings and facilities.
Gross acres means the total area of a parcel of land including wetlands, hydric soils,
steep slopes, internal streets, and dedicated easements.
9
Ground cover means plants which are used for accents and/or soil stabilization and are
typically 24 inches or less in height.
Group home resident means a person residing in a group home for the purpose of
receiving rehabilitation, treatment, or special care.
Group home, residential, means a building or structure where persons reside for purposes
of rehabilitation, treatment, or special care. Such persons may be orphaned, suffer
chemical or emotional impairment, or suffer social maladjustment or dependency.
Habitable building means any building or part thereof that meets minimum standards for
use as a home or place of abode by one or more persons.
Hardship, as used in conjunction with the granting of a variance under article VI, division
13, of this chapter, means the property in question cannot be put to a reasonable use
under the conditions allowed by article VI, division 13, of this chapter. Economic
considerations alone shall not constitute a hardship if any reasonable use for the property
exists under the terms of article VI, division 13, ofthis chapter.
Heating, ventilation, and air conditioning includes installing, altering and repairing all
heating, ventilation, and air conditioning appliance items, connections and appendages,
no matter what the fuel source.
Height (of a sign) means the vertical distance measured from the highest point of the sign
to the grade of the adjacent street or to the surface grade beneath the sign, whichever is
the greater distance.
Heritage preservation site means any area, place, building, landmark,structure, lands,
districts, or other object that has been zoned as a heritage preservation site overlay zoning
district pursuant to sections 30-575 and 30-1836.
Home occupation means any gainful occupation or profession customarily conducted
entirely within a dwelling principally by members of a family residing therein, which use
is clearly incidental and secondary to the use of the dwelling for residential purposes and
does not change the character thereof. There are two types of home occupations:
permitted home occupations, which are processed administratively following a certain set
of criteria, and conditional home occupations, which do not meet the specific criteria for
a permitted home occupation and require a public hearing pursuant to the procedures and
standards for a conditional use permit.
Horticultural use means the use of land for the growing or production for income of
fruits, vegetables, flowers, nursery stock, including plants and trees, and cultured sod.
Horticulture means the cultivation and management oftrees, plants, grasses, vegetables
and fruits for sale on-site from a wayside stand.
Hot water means hot water supplied to plumbing fixtures at a temperature of not less than
110 degrees Fahrenheit.
Hotel means any building or portion thereof where lodging is offered to transient guests
for compensation and in which there are more than five sleeping rooms with no cooking
facilities in individual dwelling units.
Identification sign means a sign whose copy is limited to the name and address of a
building, institution, or person and/or to the activity or occupation being identified.
Illegal sign means a sign which has not received a permit to be installed or does not meet
the requirements of this Code and which has not received legal nonconforming status.
Illuminated sign means a sign with an artificial light source incorporated internally or
externally for the purpose of making the sign message visible at night.
10
Incidental sign means a small sign, emblem, or decal informing the public of facilities or
services available on the premises.
Individual sewage treatment system means a sewage treatment system or part thereof,
serving a dwelling or other establishment, or group thereof, which utilizes subsurface soil
treatment and dispersal.
Industrial use means the use of land or buildings for the production, manufacture,
warehousing, storage, or transfer of goods, products, commodities, or other wholesale
items.
Institutional use means a place or facility which is designed for use as a place of worship,
for public services, including education, for nonprofit educational use, and for health care
facilities for principally inpatient care.
Intensive vegetation clearing means the complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
Interim use means the temporary use of a property until a particular date, or until the
occurrence of a particular event.
Jail means a secure adult detention facility used to confine sentenced prisoners for a time
not to exceed one full year per conviction, adult pre-trial and pre-sentenced detainees
indefinitely, and juveniles up to limits prescribed by the state.
Junkyard means land or buildings where products resulting from the wrecking of
vehicles or other machinery are bought, sold, exchanged, stored, baled, cleaned, packed,
disassembled or handled. The outdoor storage of two or more inoperative motor vehicles
shall also be considered a junkyard.
Kennel, commercial, means any premises where more than three animals over six
months of age are boarded, trained or bred for compensation or are offered for sale,
except for animals being raised as agricultural livestock, an animal hospital, a veterinary
clinic or a pet shop.
Kennel, private, means any premises where more than three dogs or three cats over the
age of six months are harbored or kept, except for a commercial kennel. Any premises of
ten acres or more that are used to harbor or keep up to ten cats over the age of six months
shall be excluded from this definition as long as all of the cats have been spayed or
neutered.
Kickplate means the area from the sidewalk surface to the bottom of the display area.
Kitchen means a space which contains a sink with counter working space, space for
installing cooking and refrigeration equipment, and space for the storage of cooking
utensils.
Land trust means a nonprofit organization that, as all or part of its mission, works to
conserve land by undertaking or assisting direct land transactions, primarily the purchase
or acceptance of donations of land or easements.
Land use district means those lands designated by the commissioner as the protected
land corridor along the Mississippi River which the commissioner has designated as
components of the Minnesota Wild and Scenic Rivers System.
Landscape means site amenities, including trees, shrubs, ground covers, flowers,
fencing, berms, retaining walls and other outdoor furnishings.
Landscaping contractor yard means the use of land, buildings or structures for the
storage of equipment and materials, or as office space, in conjunction with the operation
of a landscaping business.
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Loading area means an area where trucks are parked, maneuvered, loaded or unloaded
of goods, materials or equipment.
Lot, as used in article IV of this chapter, means an area within a manufactured home park
designed and used for the accommodation of a manufactured home.
Lot, means a parcel of land designated by plat, metes and bounds, registered land survey,
auditor's plot, or other accepted means and separated from other parcels or portions by
such description for the purpose of sale, lease, or separation thereof.
Lot, butt, means a lot at the end of a block and located between two comer lots.
Lot, corner, means a lot bordered on at least two adjacent sides by adjoining streets.
Lot depth means the minimum horizontal distance between the front lot line and the rear
lot line.
Lot, double frontage, means a lot of which opposite ends abut on a street.
Lot width means the horizontal distance between side lot lines, measured at the required
front setback line.
Lot area. In R-la unsewered and A-I zoning districts, lot area means the horizontal land
area within the lot lines but not including any land within a public right-of-way or any
area occupied by rivers, streams, or lakes. The buildable area shall be contiguous and
shall be a minimum of one acre in area. In all other zoning districts, lot area means the
horizontal land area within the lot lines, but not including any land within a public right-
of-way or any area occupied by rivers, streams, or lakes.
Lot coverage means the total allowable amount of lot area, expressed as a percentage,
which may be covered by a principal use and its accessory structures.
Lot of record means any lot or unit of land in an auditor's subdivision or a registered land
survey for which a deed, plat, auditor's subdivision or registered land survey has been
recorded in the office of the register of deeds or registrar of titles for the county.
Lower facade means the portion of the facade that includes the storefront, the transom
and the stringcourse.
Maintenance, as used in article III of this chapter, means upkeep of property and
equipment in a safe working condition for which it was installed and/or constructed.
Maintenance, as used in article VI, division 5, subdivision II, of this chapter, means the
cleaning and painting of a sign in a manner that does not alter the basic copy, design, or
structure of the sign.
Mansard means a sloped roof or roof-like facade architecturally comparable to a
building wall.
Manufactured home, as used in article N of this chapter, means a structure, not affixed
to or part of real estate, transportable in one or more sections, which in the traveling
mode is eight feet or more in width or 40 feet or more in length, or, when erected on-site,
is 320 or more square feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning, and electrical
system contained in it. A manufactured home is a dwelling.
Manufacturing, heavy, means a use engaged in the basic processing, manufacturing,
packaging, assembly, compounding or treatment of materials or products predominantly
from extracted or raw materials, or a use engaged in storage of or manufacturing
processes using flammable or explosive materials, or storage or manufacturing processes
that potentially involve hazardous or commonly recognized offensive conditions.
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Manufacturing, light, means a use engaged in the manufacture, fabrication, processing,
packaging or assembly, predominantly from previously prepared materials, of finished
products or parts, but excluding basic industrial processing. The activities shall take place
in a manner which will not produce offensive conditions observable from neighboring
properties.
Marquee means a permanent roof-like structure or canopy of rigid materials supported
by and extending from the facade of a building (compare Awning ).
Marquee sign means any sign attached to or supported by a marquee structure.
Massage therapist means a person who practices or performs therapeutic massage on a
person for compensation and meets the licensing requirements set forth in chapter 38,
article VI, division 3.
Mechanical equipment means heating, ventilation, exhaust, air conditioning, and
communication units integral to and located on top of, beside, or adjacent to a building.
Medallion means a decorative element that is typically inlaid into the facade of a
building often bearing a figure in relief, a portrait, or as an ornament with a change in
material.
Metal panels means metal exterior finishes that are applied to the exterior of walls and
roofs which are greater than eight inches in width.
Metal siding means metal exterior finishes that are applied to the exterior of walls which
are eight inches or less in width.
Metes and bounds description means a description of real property which is not
described by reference to a lot or block shown on a map, but is described by starting at a
known point and describing the bearings and distances of the lines forming the
boundaries of the property, or delineates a fractional portion of a section, lot or area by
described lines or portions thereof.
Mineral excavation has the meaning given in section 42-31.
Minimum subdivision design standards means the guidelines, principles and
specifications for the preparation of subdivision plans indicating, among other things, the
minimum and maximum parameters of the various elements set forth in the plans.
Ministorage means an enclosed storage facility containing multiple individual units used
solely for the storage of personal property. These units are intended to be leased or rented
to private individuals. This facility is not intended to be used for commercial or industrial
storage, nor shall the storage of flammable liquids or other hazardous materials be
permitted.
Mobile home means a factory-built single-family detached dwelling which is equipped
with necessary service connections, is designed for year-round occupancy with or without
a permanent foundation, and is moveable as a unit, but is not a manufactured home. A
travel trailer is not a mobile home.
Mobile home park means a parcel of land so designated and improved with utilities,
parking paths, walks and access roads to accommodate mobile homes.
Model home means a home which is similar to others in a development and which is open
to public inspection for the purpose of selling the other homes. The inside and outside
appearance must remain as a home.
Motor vehicle repair shop means a place where the sale of parts and accessories and the
servicing and repair of automobiles are conducted. Repair of automobiles shall include
but is not limited to uses permitted for motor vehicle service stations, radiator repair,
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major mechanical and body work, straightening of body parts, painting, welding, storage
of inoperable automobiles, and overhauling of engines.
Motor vehicle service station means a place where gasoline or other automobile engine
fuel stored only in underground tanks, kerosene or motor oil, and lubricants or grease for
operation of motor vehicles are sold directly to the public on the premises, including the
sale of minor accessories and the servicing and minor repair of automobile. Minor repairs
shall include tire servicing and repair, replacement of mufflers with incidental welding,
greasing and lubrication, and minor motor adjustments. Minor repair shall not include
major mechanical and body work, painting, welding, storage of inoperable vehicles, or
overhauling of engines.
Motor vehicle specialty service station means a place where gasoline or other automobile
engine fuel sales are prohibited. Lubricants for the operation of motor vehicles may be
sold directly to the public. Specialty stations are intended for the sale of minor
accessories and minor repairs for automobiles and small trucks. It is intended that
specialty stations shall specialize in one or two allowed uses and not generalize in all
allowed uses. Minor repair shall include tire servicing and repairs, replacement of
mufflers, greasing and lubrication, minor motor adjustments, transmission services, brake
repairs, and auto glass replacement. Minor repairs shall not include mechanical and body
work, painting, welding, storage of inoperable vehicles, outside storage of overhauling
engmes.
Multiple-family dwelling means a dwelling or portion thereof containing two or more
dwelling units.
Municipal sewage system means the existing city sanitary system, as expanded,
including collection and treatment facilities established by the subdivider to serve the
subdivision.
Mural means a graphic design or decorative image not designed or intended for
advertising purposes, which is painted directly on an exterior wall surface.
Nameplate means a nonelectric on-premises identification sign giving only the name and
address of an occupant or group of occupants.
Natural waterway means a natural passageway in the surface of the earth so situated and
having such a topographical nature that surface or percolating water flows through it
from other areas before reaching a final ponding area.
Nonconforming sign means any sign which lawfully existed prior to June 18, 1990, the
date of adoption of the ordinance from which this chapter is derived, but does not
conform to the requirements of article VI, division 5, subdivision II, of this chapter.
Nonconforming use, as used in article VI, division 13, of this chapter, means the use of a
structure or land, or both, lawfully in existence on the effective date of the ordinance
from which article VI, division 13, ofthis chapter is derived which does not conform to
the requirements applicable thereto contained in article VI, division 13, of this chapter or
which does not conform to provisions of article VI, division 13, of this chapter as
subsequently amended.
Nonconforming use, as used in article VI ofthis chapter, means the use of a structure or
land, or both, lawfully in existence on September 4, 1980, which does not conform to the
requirements applicable thereto contained in article VI of this chapter, or which does not
conform to provisions of article VI of this chapter as subsequently amended.
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Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory floodplain which may impede, retard, or change the direction
ofthe flow of water, either in itself or by catching or collecting debris carried by such
water.
Occupancy means the portion of a building or premises owned, leased, rented, or
otherwise occupied for a given use.
Occupant means any person, including the owner or operator, living, sleeping, cooking,
and eating in a dwelling unit, or living and sleeping in a rooming unit.
Office/Showroom space means space that is utilized primarily for the display of products
manufactured. Such space mayor may not be finished.
On-sale liquor establishment has the meaning given in chapter 6.
Operate means to charge a rental charge for the use of a unit in a rental dwelling.
Operator means the owner or his agent who has charge, care, control, or management of
a building, or part thereof, in which dwelling units or rooming units are let.
Ordinary high-water level, as used in article VI, divisions 12 and 13, of this chapter,
means the boundary of public waters and wetlands, and shall be an elevation delineating
the highest water level which has been maintained for a sufficient period of time to leave
evidence upon the landscape, commonly that point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary
high-water level is the elevation ofthe top of the bank of the channel. For reservoirs and
flowages, the ordinary high-water level is the operating elevation of the normal summer
pool. In areas where the ordinary high-water level is not evident, setbacks shall be
measured from the stream bank of the following water bodies that have permanent flow
or open water: the main channel, adjoining side channels, backwaters, and sloughs.
Outlot means a remnant from a subdivision that is not a developable piece of property
unless replatted in accordance with city ordinances.
Owner, as used in article V ofthis chapter, means an individual or legal entity having
sufficient legal interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the land under article V ofthis chapter.
Owner, as used in article III of this chapter, means any person who, alone, jointly, or
severally with others, shall be in actual possession of, or have charge, care, or control of,
any dwelling, dwelling unit, or rooming unit within the city as owner, employee, or agent
of the owner, or as trustee or guardian of the estate or person of the title holder. Any
person representing the actual owner shall be bound to comply with the provisions of
article III ofthis chapter to the same extent as the owner.
Painted wall sign means any sign which is applied with paint or similar substance on the
face of a wall.
Parapet means the extension of a false front or wall above a roofline.
Parapet panel means the area from the head of the uppermost windows to the bottom of
the articulated cornice.
Park owner means the owner of a manufactured home park and any person acting on
behalf of the owner in the operation or management of a park.
Pawnbroker.
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(1) Except as provided in subsection (2) of this definition, the term "pawnbroker" means
a person engaged in whole or in part in the business of lending money on the security of
pledged goods left in pawn, or in the business of purchasing tangible personal property to
be left in pawn on the condition that it may be redeemed or repurchased by the seller for a
fixed price within a fixed period of time.
(2) The following are exempt from the definition of "pawnbroker": any bank regulated
by the state, the comptroller of the currency of the United States, the Federal Deposit
Insurance Corporation, the board of governors of the Federal Reserve System, or any
other federal or state authority and their affiliates; any bank or savings association whose
deposits or accounts are eligible for insurance by the Federal Deposit Insurance
Corporation or any successor to it and all affiliates of those banks and savings
associations; any state or federally chartered credit union; and any industrial loan and
thrift company or regulated lender subject to licensing and regulation by the state
department of commerce.
Pawnshop means the location at which or premises in which a pawnbroker regularly
conducts business.
Pedestrian way means a concrete sidewalk or bituminous trail located within a public
right-of-way or easement across or within a block, to be used by pedestrians.
Permissible occupancy means the maximum number of persons permitted to reside in a
dwelling unit or rooming unit.
Personal service establishment means a place where, for a fee, personal services are
provided to individuals on the premises. Such uses traditionally include beauty parlors,
and tanning salons. Therapeutic massage establishments when operated by a certified,
licensed (by the city) massage therapist shall be considered a personal service
establishment.
Planned unit development means a type of development characterized by a unified site
design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent,
or lease, and also usually involving clustering of these units or sites to provide areas of
common open space, density increases, and a mix of structure types and land uses. These
developments may be organized and operated as condominiums, timeshare
condominiums, cooperatives, full fee ownership, commercial enterprises, or any
combination of these, or cluster subdivisions of dwelling units, residential
condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle
parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.
Plat means the drawing or map of a subdivision prepared for filing of record pursuant to
Minn. Stats. ch. 505 and containing all elements and requirements set forth in applicable
local regulations adopted pursuant to Minn. Stats. 9462.358 and Minn. Stats. ch. 50.
Platting authority means the city council.
Plumbing means all of the following supplied facilities and equipment in a dwelling: gas
pipes, gas-burning equipment, water pipes, steam pipes, garbage disposal units, waste
pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, showerbaths,
installed clothes washing machines, catchbasins, drains, vents, and any other similar
fixtures and the installation thereof, together with all connections to water, sewer, and gas
lines.
Police chief means the police chief for the city, or his designated agents.
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Political sign means a temporary sign used in connection with any local, state, or national
election or referendum.
Portable sign means any sign designed to be removed and not permanently affixed to the
ground or to a structure or building, such as changeable readerboard constructed of
durable goods.
Preliminary plat means the preliminary map, drawing or chart indicating the proposed
layout of the subdivision to be submitted to the planning commission and city council for
their consideration.
Premises, as used in article VI, division 5, subdivision II, ofthis chapter, means a parcel
of land with its appurtenances and buildings which, because of its unity of use, may be
regarded as the smallest conveyable unit of real estate.
Premises, as used in article VI of this chapter, means a lot or plot with required front,
side and rear yards for a dwelling or other use as allowed under this article.
Preserved open space means a tract of land with a conservation easement over it that is
used for, but not limited to, agriculture, natural habitat, walkways (sidewalks) and
pathways or recreation.
Primary facade means any building facade directly fronting a public street, park or the
river. Comer units shall have at least two primary facades.
Private recreational facility means a building, structure or open space designed as an
accessory recreational use to a permitted principal use. Private recreational facilities
include such uses as swimming pools and tennis courts and are not open to the general
public and not operated for profit.
Private sale or event sign means a temporary sign advertising private sales of personal
property such as house sales, garage sales, and the like or private not-for-profit events
such as picnics, carnivals, bazaars, game nights, art fairs, and craft shows.
Projecting sign means a sign, other than a wall sign, which is attached to and projects
from a building wall more than six inches.
ProDertv Maintenance Code means the current city code and its amendments. or the
International Property Maintenance Code and its amendments as promul2ated by
the International Code Council and adopted by the city.
Protective covenants means contracts entered into between private parties which
constitute a restriction on the use of all or some of the private property within a
subdivision for the benefit of the property owners.
Public utility means persons supplying gas, electric, transportation, water, sewer, or land
line telephone service to the general public. For the purpose of article VI of this chapter,
commercial wireless telecommunication service facilities shall not be considered public
utility uses, and are defined separately.
Public waters means any waters as defined in Minn. Stats. 9 103G.005, subds. 15, 15a.
Quadraminium means a four-family dwelling organized pursuant to Minn. Stats. ch.
515A art. 2 (Minn. Stats. 9 515A.2-101 et seq.)
Reach is a hydraulic engineering term used to describe a longitudinal segment of a
stream or river influenced by a natural or manmade obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
Real estate sign means a sign advertising the real estate upon which the sign is located as
being for rent, lease, or sale.
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Recycling processing center means land or buildings where reusable materials are
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled,
including metal, rags, plastic, paper, cardboard, rubber (excluding tires), glass and wood
products, or where segregated waste materials are reprocessed into usable, salable
products. The salvage of automobile and machinery parts are not included and shall be
prohibited at a recycling processing center.
Regional flood means a flood which is representative oflarge floods known to have
occurred generally in the state and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude ofthe 100-year recurrence interval. The
term "regional flood" is synonymous with the term "base flood" used in the flood
insurance study.
Regulatory flood protection elevation means an elevation no lower than one foot above
the elevation of the regional flood plus any increases in flood elevations caused by
encroachments on the floodplain that result from designation of a floodway. The
regulatory flood protection elevation for West Twin Lake, which is an approximate A
zone without a regional/base flood elevation published by the Federal Emergency
Management Agency, shall be elevation 930.1 (National Geodetic Vertical Datum, 1929
adjustment).
Rental dwelling means a dwelling for hire.
Rental dwelling license means the license required by article III of this chapter to operate
a rental dwelling in the city.
Residential planned development means a use where the nature of residency is
nontransient and the major or primary focus of the development is not service oriented.
For example, residential apartments, manufactured home parks, timeshare
condominiums, townhouses, cooperatives and full fee ownership residences would be
considered planned unit developments. To qualify as a residential planned unit
development, a development shall contain at least five dwelling unit sites.
Restaurant (class I) means a restaurant where food served to the customer is to be
consumed by the customer while seated on the premises. Class I restaurants are of a
traditional or sit-down variety restaurant where food is served to a customer at a table
while seated, as distinguished from the fast food or convenience variety. Carryout food
sales are permitted if incidental to a sit-down restaurant.
Restaurant (class II) means a restaurant where a majority of customers order and are
served their food at a counter in packages prepared to leave the premises, or able to be
taken to a table, counter, automobile, or off the premises to be consumed; or a drive-in
where most customers consume their food in an automobile regardless of how it is
served.
Right-of-way means the land occupied or intended to be occupied by a street, sidewalk,
pedestrian way, utilities or other specific use.
Rodent harborage means a place where rodents commonly live, nest, or establish their
habitat.
Roof sign means a sign that is mounted on the roof of a building or which is wholly
dependent upon a building for support and which projects above the roofline of a building
with a flat, gambrel or hip roof or the deck line of a building with a mansard roof.
Roofline means the highest edge of a roof or building parapet, whichever is higher,
excluding any cupolas, pylons, chimneys, or minor projections. On buildings with a
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parapet higher than three feet above the height of the roof of the structure, the roofline
shall be limited to three feet above the roof of the structure.
Rooming unit means any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking and eating purposes.
Rotating sign means a sign in which the sign itself or any portion of the sign moves in a
revolving or similar manner.
Rural-based business means any commercial activity engaged in as a means of
livelihood or profit located outside of a commercial district which requires space in a
rural environment and cannot be located within developed areas of the city.
Safety means the condition of being reasonably free from danger and hazards which may
cause accidents or disease.
Sauna, steam bath and heat-bathing room mean a room used for the purpose of bathing,
reducing, or relaxing utilizing steam or hot air as a cleansing, reducing, or relaxing agent.
The term "sauna" does not apply to a sauna or steam room located within a hotel, motel,
health club, or athletic facility.
Screened storage means the storage of goods, materials, or equipment placed or left in a
location on the premises that is screened with a visual shield between uses accomplished
by the use of berms, landscaping, walls, or other aesthetic means. The visual screen
should provide an opaque shield from viewing of on-site storage when viewed from eye
level at all points ofthe right-of-way abutting or serving the property.
Screening means a barrier which blocks all views from public roads and adjacent
differing land uses to off-street parking areas, loading areas, service and utility areas, and
mechanical equipment.
Secondary facade means any building facade that does not directly front a public street,
park or the river. Walls that extend above the roofline of an adjoining building shall be
treated as secondary facades.
Selective cutting means the removal of single scattered trees.
Setback, as used in article VI, division 13, of this chapter, means the minimum horizontal
distance between a structure and sewage treatment system and the ordinary high-water
level, top of a bluff, road, or highway.
Setback, as used in article VI ofthis chapter, means the shortest horizontal distance
between the lot line and the foundation wall of the building or the allowable building line
as defined by the yard requirements contained in article VI of this chapter.
Sewage means any water-carried domestic wastes, exclusive of footing and roof drainage,
from any industrial, agricultural or commercial establishment, or any dwelling or other
structure. Domestic waste includes, but is not limited to, liquid waste produced by
bathing, laundry, and culinary operations, and liquid wastes from toilets and floor drains.
Domestic waste specifically excludes animal waste and commercial process wastes.
Sewage treatment system, as used in article VI, divisions 12 and 13, of this chapter,
means a septic tank and soil absorption system or other individual or cluster type sewage
treatment system as described and regulated in sections 30-2028 and 30-2138.
Sewer system means pipelines or conduits, pumping stations, and force mains, and all
other construction, devices, appliances, or appurtenances used for conducting sewage or
industrial waste or other wastes to a point of ultimate disposal.
Sexually oriented land uses mean any building, structure, establishment, place of business
or use of property which is engaged in:
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(1) The sale, barter, rental, or distribution of printed matter, pictures, slides, videotape,
audiotape or film depicting specified anatomical areas or specified sexual activities;
(2) The sale, barter, rental or distribution of sexual devices or paraphernalia; or
(3) Services or entertainment, if such service or entertainment is characterized by,
depicts or exhibits specified anatomical areas or specified sexual activities.
Sexually oriented land uses do not include any building, structure, establishment or use of
property for retail or rental of merchandise where ten percent or less of the display floor
area is used for sexually provocative material as proscribed in Minn. Stats. 9 617.293 and
where the merchandise described in this definition is screened and controlled to prohibit
access by minors.
Shore impact zone means land located between the ordinary high-water level of public
water and a line parallel to it at a setback of 50 percent of the structure setback.
Shoreland means land located within the following distances from public waters: 1,000
feet from the ordinary high-water level of the lake, pond, or flowage; and 300 feet from a
river or stream, or the landward extent of a floodplain designated by ordinance on a river
or stream, whichever is greater. The limits of shore1ands may be reduced whenever the
waters involved are bounded by topographic divides which extend landward from the
waters for lesser distances and when approved by the commissioner of the state
department of natural resources.
Sign means any device, structure, fixture, or placard using graphics, symbols, and/or
written copy designed specifically for the purpose of advertising or identifying any
establishment, product, goods, or services.
Sign area.
(1) Projecting or freestanding signs. The area of a freestanding or projecting sign shall
be the area of the largest face, including its border area. If a sign has an irregular shape or
has open spaces within its border, the sign area shall be the area of the smallest single
rectangular figure that encloses it. If the sign is composed of two or more individual
cabinets or other structures containing advertising messages, the sign area shall be the
sum of all the areas of the individual cabinets or structures, including their border areas.
If a freestanding sign or sign structure is constructed so that the faces are not back to
back, the angles shall not exceed ten degrees. If the angle is greater than ten degrees, the
total area of both sides added together shall not exceed the maximum allowable sign area
for that district. If a freestanding sign or sign structure is constructed so that the faces are
back to back, ifthe distance between the faces exceeds two feet, the total area of both
sides added together shall not exceed the maximum allowable sign area for that district.
(2) Wall signs. The area ofa wall sign shall be the area of the advertising message and
the border that encompasses it. If the sign is composed of individual letters or symbols
using the wall as the background, the total sign area shall include the area within a single
contiguous perimeter composed of the smallest single rectangular figure that encloses the
extreme limits of the advertising message.
Significant historic site means any archaeological site, standing structure, or other
property that meets the criteria for eligibility for the National Register of Historic Places
or is listed in a state register of historic sites, or is determined to be an unplatted cemetery
that falls under the provisions of Minn. Stats. 9 307.08. A historic site meets these criteria
if it is presently listed on either register or if it is determined to meet the qualifications for
listing after review by the state archaeologist or the director of the Minnesota Historical
20
Society. All unplatted cemeteries are automatically considered to be significant historic
sites.
Single-family dwelling, as used in article VI, division 13, of this chapter, means a
detached building containing one dwelling unit.
Site plan means a plan drawn approximately to scale but not necessitating a survey,
showing uses and structures proposed for a parcel or lot, which delineates, as appropriate,
the following: property line location and dimensions, streets and alleys, the location and
size of all existing and proposed structures, location of existing and proposed utility lines
and easements and major landscape features and open space.
Sketch plan means an informal layout of the proposed subdivision including preliminary
topographic data, location of existing structures, requested zoning changes, relationship
to existing community facilities and relationship to existing surrounding land use. This
plan is not necessarily drawn to scale and exact accuracy is not a requirement.
Solid waste facility means all property, real or personal, including negative and positive
easements and water and air rights, which is or may be needed or useful for the
processing or disposal of waste and for which processing or disposal of waste a license is
required under the provisions of this Code. Solid waste facilities include, but are not
limited to, transfer stations; sanitary landfills; solid waste processing facilities, including
resource recovery and waste reduction facilities; and waste burning facilities, including
incinerators, boilers and other facilities for burning processed or unprocessed solid
waste.
Solid waste processing facility means a facility at which solid waste is sorted, reduced,
compressed, shredded, compacted or prepared for recycling, burning, or landfilling,
including resource recovery facilities, waste reduction facilities, refuse derived fuel
facilities, etc.
Specified anatomical areas means:
(1) Less than completely and opaquely covered:
a. Human genitals or pubic region;
b. Buttock; and
c. Female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
Specified sexual activities means:
(1) Acts of human masturbation, sexual intercourse or sodomy, sadomasochism, or any
acts of bestiality.
(2) Fondling or other erotic touching of human genitals, pubic region, buttock or breast
of either male or female.
(3) Human genitals in a state of sexual stimulation or arousal.
Stable, private, means the keeping, breeding, raising and use of horses or ponies on open
space owned and maintained by an association of adjacent property owners for the
exclusive personal use and enjoyment of association members and for which commercial
gain is not the objective.
Standard subdivision means a subdivision involving the creation of more than four
parcels, tracts, or lots.
Steep slope means land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's soil
21
characteristics, as mapped and described in available county soil surveys or other
technical reports, unless appropriate design and construction techniques and farming
practices are used in accordance with the provisions of article VI, division 12, of this
chapter. Where specific information is not available, steep slopes are lands having slopes
over 12 percent, as measured over horizontal distances of 50 feet or more, that are not
bluffs.
Storefront means that portion of the facade from the sidewalk to the head of the entrance
door.
Story means that portion of the building included between the surface of any floor and
the surface ofthe next floor above it or, ifthere is no floor above it, the space between
the floor and the ceiling next above it.
Streets and alleys:
Alley means a public right-of-way which is used primarily for secondary vehicular
service access to the back or the side of properties abutting on a street.
Arterial street means a street or highway with access restrictions designed to carry large
volumes of traffic between various sectors ofthe city or county and beyond.
Collector street means a street which carries traffic from minor streets to arterials.
Cul-de-sac means a minor street with only one outlet and having an appropriate
turnaround for the safe and convenient reversal of traffic movement.
Marginal access street means a minor street which is parallel and adjacent to an arterial
street and which provides access to abutting properties and protection from through
traffic.
Minor street means a street of limited continuity which is used primarily for access to
abutting properties.
Private street means a street serving as vehicular access to two or more parcels of land
which is not dedicated to the public but is owned and maintained by one or more private
parties.
Street means a public right-of-way accepted, or a private right-of-way approved by public
authority pursuant to the requirements set forth for private streets under division 3 of
article V of this chapter, which provides a legal primary means of public access to
abutting property. The term "street" includes the term "highway," "thoroughfare,"
"arterial," "parkway," "collector," "avenue," "drive," "circle," "road," "boulevard" or any
other similar term describing an entity complying with the requirements set forth in this
definition.
Street width means the shortest distance between the lines delineating the right-of-way of
a street.
Stringcourse means an arealband that is located at the second floor line separating the
lower facade from the upper facade. It shall be created with a reveal and/or change in the
brick pattern (i.e. a soldier course).
Structural alteration means any change or addition, other than incidental repairs, to the
supporting members of a building, such as bearing walls, columns, beams, girders or
foundations, which would prolong the building's life.
Structure, as used in article VI of this chapter, means anything constructed or erected, the
use of which requires more or less permanent location on the ground or attachment to
something having a permanent location on the ground. When a structure is divided into
separate parts by an unpierced wall, each part shall be deemed a separate structure.
22
Subdivider means any person commencing proceedings under article V of this chapter to
effect a subdivision of land under article V of this chapter for himself or for another.
Subdivision, as used in article V of this chapter, means the separation of an area, parcel,
or tract of land under single ownership into two or more parcels, tracts, lots, or long-term
leasehold interests where the creation of the leasehold interest necessitates the creation of
streets, roads, or alleys, for residential, commercial, industrial, or other use or any
combination thereof, except those separations:
(1) Where all resulting parcels, tracts, lots, or interests will be 20 acres or larger in size
and 500 feet in width for residential uses and five acres or larger in size for commercial
and industrial uses.
(2) Creating cemetery lots.
(3) Resulting from court orders or the adjustment of a lot line by the relocation of a
common boundary.
Subdivision, as used in article VI, division 13, of this chapter, means land that is divided
for the purpose of sale, rent, or lease, including planned unit development.
Substandard dwelling means any dwelling which does not conform to the minimum
standards established by this Code, including section 30-221.
Supplied means paid for, furnished by, provided by, or under the control of the owner,
operator, or agent of a dwelling.
Tangent means a straight line, also a straight line projected from the end of a curve,
which is perpendicular to a line in the curve drawn from the radius point to the end of the
curve.
Temporary sign means a sign or advertising display constructed of cloth, canvas, fabric,
plywood or other light material and designed or intended to be displayed at a site for a
short period of time.
Temporary tent structure means a tent/canopy structure that is constructed of a
lightweight frame with a canvas, fabric or similar skin that is designed or intended to be
erected at a site as protection from the elements during a special occasion/event. The
structure must comply with UL fire retardant requirements.
Therapeutic massage means the practice of rubbing, stroking, kneading, tamping, or
rolling of the body with the hands or any instrument, for the exclusive purpose of
relaxation, physical fitness, or beautification, and for no other purpose, by a person not
licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical
therapist, or an assistant who works solely under the direction of any of such
professionals, or beauticians and barbers who confine their treatments to the scalp, face,
and neck.
Therapeutic massage establishment means an establishment in the business of providing
therapeutic massage services either to the public or as a private club.
Toe of the bluff means the lower point of a 50-foot segment with an average slope
exceeding 18 percent.
Top of the bluff means the higher point of a 50-foot segment with an average slope
exceeding 18 percent.
Tower means any ground- or roof-mounted pole, spire, structure, or combination thereof
taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended
primarily for the purpose of mounting an antenna, meteorological device, or similar
apparatus above grade.
23
Townhome means a one-family dwelling in a row of at least two attached units in which
each unit has its own front and rear access to the outside, no unit is located over another
unit, and each unit is separated from any other unit by one or more fire resistant walls.
Townhouse, attached, means a dwelling unit which is part of the multifamily dwelling
whose units are attached horizontally by a series of common or party walls. A townhouse
is attached to its own foundation, contains no independent dwellings above or below and
has a private entrance at ground level.
Tracing means a plat or map drawn on transparent paper or cloth which can be
reproduced by using regular reproduction procedure.
Trailer, temporary, means a trailer or mobile home used for no more than six months as
a temporary form of residential dwelling on a lot where a house is being constructed.
Temporary trailers may be used in agricultural and single-family residential districts, only
following the receipt of a conditional use permit.
Trailer, travel, means a vehicle or moveable structure which is designed, intended or
used for temporary human habitation during recreational or vacation activities. The term
includes, without limitation, recreational vehicles, campers, camper trailers and tents, and
house travel and tent trailers, but does not include mobile homes.
Transfer station means a solid waste facility at which solid waste collected from any
source is temporarily deposited to await transportation to another solid waste facility.
Transom area means the area between the head of the entrance door and the bottom of
the stringcourse.
Travel trailer court means a park, court, campsite or lot, tract, or parcel of land
maintained or intended for the purpose of providing location or accommodation for travel
trailers, provided that parcels or lots used for the inspection and sale of such trailers are
not trailer courts.
Triplex means a three-family dwelling; each unit may be for rent or owner-occupied.
Truck terminal means any use, area, or building where cargo, trucks, truck parts, loading
equipment, etc., is stored and/or where trucks load and unload on a regular basis.
Unit or unit width means the measurement of an implied facade.
Unit area means the area defined as the unit width times the downtown building height.
Unsafe, as applied to a structure, means a condition or a combination of conditions
which is dangerous or hazardous to persons or property.
Unsanitary means conditions which are dangerous or hazardous to the health of persons.
Upper facade means the portion of facade from the stringcourse to the bottom of the
articulated cornice.
Use means the purpose for which land or premises or a structure thereon is designed or
intended, or for which it is occupied or maintained.
Use, permitted, means a use which of itself conforms with the requirements and
performance standards of a particular district.
Use, principal, means the main use of land or buildings as distinguished from
subordinate or accessory uses. A principal use may be either permitted or conditional.
Variance, means a modification or variation of the provisions of this chapter as provided
in section 30-325.
Wall sign means a sign attached to a building. This definition includes individual letter
and cabinet signs, and signs on mansards.
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Warehouse space means the space used for storing merchandise or commodities. The
area occupied by the act of shipping or receiving merchandise shall not be included in the
floor area calculation for warehouse space.
Water-oriented accessory structure or facility means a small, aboveground building or
other improvement, except stairways, fences, docks, and retaining walls, which, because
of the relationship of its use to a surface water feature, reasonably needs to be located
closer to public waters than the normal structure setback. Examples of such structures and
facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and
detached decks.
Wayside stand means a structure used for the seasonal retail sale of agricultural goods,
floriculture, and horticulture produced by the operator of the wayside stand. The operator
of the stand must provide written permission of the property owner to the city.
Wetland, as used in article VI, division 13, of this chapter, means land that is annually
subject to periodic or continual inundation by water, commonly referred to as a bog,
swamp, or marsh.
Wetland means a surface water feature classified as a wetland in the United States Fish
and Wildlife Service Circular No. 39 (1971 edition) or as defined in Minn. Stats. 9
I03F.612, subd. 1.
Window sign means a sign installed inside a window and intended to be viewed from the
outside. Such signs shall not include holiday messages, murals or merchandise that is for
sale or display, but shall include messages designed specifically for the purpose of
advertising or identifying any establishment, products, goods, or service.
Yard means an open space on the same lot with a building or structure, which is
unoccupied and unobstructed from the ground up except for accessory structures or as
otherwise permitted by city ordinance. (See figure A at the end ofthis section.)
Yard, front, means a yard extending along the full width ofa front lot line between side
lot lines and from the front lot line to the nearest building line in depth. On a comer lot,
the front yard shall be on each street, with the rear yard being opposite the address side.
(See figure A at the end of this section.)
Yard, garage side, means a yard extending from the front yard to the rear yard and lying
between the side lot line and the nearest attached accessory building line. (See figure A at
the end of this section.)
Yard, rear, means a yard extending along the full width of a rear lot line (opposite the
addressed side) between side lot lines and from the rear lot line to the nearest building
line in depth. (See figure A at the end of this section.) In determining the depth of the rear
yard for any building where the rear yard opens into an alley, one-half the width of the
alley, but not exceeding ten feet, may be considered as a portion of the rear yard.
Yard, side, means a yard extending from the front yard to the rear yard and lying
between the side lot line and the nearest principal building line or detached accessory
building line. (See figure A at the end of this section.)
Zero lot line means the location of a building on a lot of record in such a manner that one
or more of the building's sides rests directly on a lot line of a lot of record and which
shares a common wall with one or more buildings within the zoning lot.
Zoning lot means a parcel of land occupied or used or intended for occupancy or use for
a purpose identified in article VI of this chapter and identified as such for the purposes of
zero lot line development. The parcel shall abut a public street and shall be of sufficient
25
size to satisfy and meet all dimensional regulations required by article VI ofthis chapter.
The designated zoning lot may encompass more than one lot of record and shall serve as
a unified development site for purposes of application of standards.
GRAPHIC LINK:Exhibit A
(Code 1982, SS 900.06(2), 900.08, 900.22(2), 900.30(2), 900.31, 902.02(8), 904.02(7),
906.02(7),908, 1006.00, 1007.02, 1008.06, 1010.02; Ord. No. 99-32, SS 1,
4(1008.20(2)(C)), 11-15-1999; Ord. No. 2000-02, S 3,3-20-2000; Ord. No. 00-05, S
2(900.42),3-20-2000; Ord. No. 01-01, S 1, 1-16-2001; Ord. No. 01-05, S 1,4-16-2001;
Ord. No. 01-08, S 1,6-18-2001; Ord. No. 01-15, S 1, 10-15-2001; Ord. No. 02-01, S 1, 1-
22-2002; Ord. No. 02-04, S 1,4-15-2002; Ord. No. 02-18, S 1, 12-16-2002; Ord. No. 03-
13, S 1,8-18-2003; Ord. No. 03-16, S 4, 10-20-2003; Ord. No. 03-17, S 1, 11-17-2003;
Ord. No. 05-05, S 1,3-21-2005; Ord. No. 05-07, S 1,4-4-2005; Ord. No. 05-15, S 1,6-
20-2005; Ord. No. 05-23, S 1,9-19-2005)
Cross references: Definitions generally, S 1-2.
Secs. 30-2--30-60. Reserved.
DIVISION 1. GENERALLY
Sec. 30-61. Enforcement officer.
Wherever the words "building official" occur in any building codes of the city, they
shall mean the building official of the city as designated by the city council.
(Code 1982, S 1002.00)
Cross references: Officers and employees, S 2-81 et seq.
Sec. 30-62. Permit for building demolition.
No building or structure shall be razed or demolished within the city without first
applying for and securing a permit therefor from the building official and paying a fee in
the amount duly set by the council from time to time.
(Code 1982, S 1002.02)
Sees. 30-63--30-80. Reserved.
DIVISION 2. STATE BUILDING CODE
Sec. 30-81. Codes adopted by reference.
The Minnesota State Building Code, as adopted by the commissioner of
administration pursuant to Minn. Stats. S 16B.59 to 16B.75, including all of the
amendments, rules and regulations established, adopted and published from time to
time by the Minnesota Commissioner of Administration, through the building codes and
standards division, is hereby adopted by reference with the exception of the optional
chapters, unless specifically adopted in this section. The Minnesota State Building Code
is hereby incorporated in this Code of Ordinance as if fully set out herein. Optional
chapter 1335 "Floodproofing Regulations" is hereby adopted.
(Code 1982, S 1000.00(1); Ord. No. 03-07, S 1, 3-24-2003)
State law references: State building code, Minn. Stats. S 16B.59 et seq.; adoption by
reference, Minn. Stats. S 471.62.
26
Sec. 30-82. Application, administration and enforcement.
The application, administration and enforcement of the building code shall be in
accordance with the Minnesota State Building Code. The building code shall be enforced
within the incorporated limits of the city. The city council shall designate the Minnesota
Certified Building Official for the city as required by Minn. Stats S 16B.65, subd. 1.
(Code 1982, S 1000.00(2); Ord. No. 03-07, S 2,3-24-2003)
Sec. 30-83. Permits, inspections and fees; surcharge; plans and
specifications.
(a) Permits, inspections and fees. Permits and inspections shall be as provided by the
Minnesota State Building Code. The council shall establish the fees and charges from
time to time by resolution.
(b) Surcharge. In addition to the required permit fee, the applicant shall pay a
surcharge to be remitted to the state department of administration as prescribed by
Minn. Stats. S 16B.70.
(c) Plans and specifications.
(1) With each application for a building permit, and when required by the building
official for enforcement of any provisions of this article, two sets of plans and
specifications shall be submitted, together with a certificate of survey of the lot upon
which the proposed building or construction is to be done.
(2) All plans and specifications, except for single-family dwellings, or any other
buildings exempted by Minnesota Statute or the Minnesota State Building Code, shall be
prepared and signed by a registered architect or a registered professional engineer duly
qualified by registration as required by Minn. Stats. S 326.02.
(Code 1982, SS 1000.00(3),1002.04; Ord. No. 03-07, SS 3, 4, 3-24-2003)
Sec. 30-84. Certificate of survey.
(a) Data requirements. The applicant shall submit a site survey showing the location of
the proposed structure on the lot to the city at the time of building permit issuance. All
surveys shall comply with the approved development plan on file at city hall. Any
significant deviation from the development plan shall require a developer's signature
authorizing the change and approval by the city prior to submitting a survey. The survey
shall be certified by a registered state land surveyor and shall include the following
information:
(1) Scale of drawing.
(2) North arrow.
(3) Legal description.
(4) Dimensions of the lot.
(5) Provide a benchmark on the site of a permanent nature (e.g., top nut of fire hydrant,
nail in tree, etc.)
(6) Existing and proposed elevations at all lot corners.
(7) Existing and proposed elevations at house and garage corners.
(8) Top of curb elevations at the extension of property lines and center of proposed
driveway. The center of the proposed driveway shall be permanently marked at the
building site.
(9) Off-set stakes with existing elevations along each side lot line (exception would be a
distance greater than 30 feet from the house to the side lot lines).
(10) Dimensions of the entire building showing cantilevers, bay windows, egress
window well locations and elevations.
27
(11) Front, side, and rear setback distances.
(12) Label all adjacent streets and railroad rights-of-way.
(13) Show all ponds, wetlands, lakes, rivers, and creeks/wetland markers.
(14) List location of 100-year high water level of rivers, lakes, creeks, and wetlands.
(15) Show existing easements and drainageways abutting or within the property
(natural or manmade).
(16) Show proposed decks, porches, driveways, curb cuts, and accessory structures.
(17) Show drainage arrows.
i. A permit is issued with the understanding that the relative elevations of the proposed
lot and the established or proposed street grade shall not conflict in such a manner as to
cause damage by altering the drainage or flow of surfacewaters to the street or nearby
streets or the adjacent or nearby premises.
ii. The building and zoning administrator desiqnated buildinq official may deny a
permit for the construction of a building or structure upon ground which is too low for
proper drainage and in the course of construction, alteration or repair or moving of any
building or structure, no obstruction, diversions, ridging, or confining temporary or
permanent, of the existing channel or any natural waterway through or over which any
lake, stream, or surface water naturally flows shall be made without approval of the
building and zoning administrator desiqnated buildinq official.
(18) Show proposed side lot line elevations and high points.
(19) Show top of block foundation, garage floor, and lowest floor/opening/entry
proposed elevations.
(20) Show top of block and finished grade elevations of the nearest corners of any
adjacent house, side and rear.
(21) Show the front and rear existing pad elevation and proposed elevations of the
abutting vacant lot house pad per approved development plan.
(22) Show location and elevations of sidewalks, manholes, catchbasins, flared-end
sections, and other permanent items directly adjacent to or on the lot (existing or
proposed).
(23) Show location of major grade breaks.
(24) Custom wooded lots: indicate location, base elevation size, and type of all trees six
inches in diameter at breast height, and larger.
(25) Custom lots may require special design and a more detailed building survey which
includes information such as tree survey, existing and proposed contours, distinct
drainage pattern and landscaping.
(26) Location of septic system and well or city sewer and water service, including
elevation of sewer service.
(b) Design requirements.
(1) Minimum 18 inches, top of curb to garage, measured on the high side, ten percent
maximum. Allow two percent minimum on multifamily homes. Exceptions may be
allowed on large lots or lots with large front setbacks.
(2) Slope and swale requirements: minimum one percent, maximum 3: 1.
(3) There shall be a minimum 20-foot flat (approximate 1-2 percent slope) area at the
rear of all dwellings.
(4) There shall be a minimum 20-foot setback from the 100-year high water level of
wetlands.
(5) The maximum width of driveways at the right-of-way is 30 feet. Driveways shall be
set back a minimum of five feet from the side property line.
(6) Positive drainage is required with a minimum one-half foot fall away from the house
to the lot line, and show how water will be contained within easement areas. If berms are
necessary to keep water within easements, show top and bottom elevations of berms.
28
(Code 1982,91002.06; Ord. No. 02-05, 9 1,4-15-2002)
Secs. 30-85--30-150. Reserved.
Editor's note: Ord. No. 04-001, 9 1, adopted Jan. 12, 2004, abolished Div. 3, 99 30-
101--30-104, 30-121--30-123, which pertained to gasfitters and gas or other fuel
installation and derived from Code 1982, 99 1006.00, 1006.02(1 )--(7),1006.04, 1006.06,
1006.08, 1006.10.
ARTICLE III. HOUSING STANDARDS
DIVISION 1. GENERALLY
Sec. 30-151. Definitions.
The definitions in section 30-1 are applicable in this article. Whenever the terms
"dwelling," "dwelling unit," "premises" and "structure" are used in this article, they shall
be construed as though they were followed by the words "or any part thereof."
(Code 1982, 9 1007.02)
Cross references: Definitions generally, 9 1-2.
Sec. 30-152. Purpose of article.
The purpose of this article is to provide minimum standards to safeguard life,
health, property, and public welfare by regulating the occupancy and maintenance of all
rental residential buildings and structures within the city.
(Code 1982, 9 1007.00(1))
Sec. 30-153. Scope of article.
(a) Generally. The provisions of this article shall apply to all buildings or portions
thereof used, or designed, or intended to be used, for rental residential purposes. This
article does not apply to owner-occupied single-family homes.
(b) Combination apartment house-hotels. Where any building or portion thereof is used
or intended to be used as a combination apartment house-hotel, the provisions of this
article shall apply to the separate portions as if they were separate buildings.
(c) Roominghouses and lodginghouses. Every roominghouse or lodginghouse shall
comply with all the requirements of this article for rental dwellings.
(d) Additions, alterations or repairs. For additions, alterations, or repairs, see the
building code.
(e) Relocation of buildings. Buildings or structures moved into or within the city shall
comply with the requirements in this Code and the building code for new buildings and
structures.
(f) Continuation of existing use. Rental dwellings in existence at the time of adoption of
the ordinance from which this article is derived may have their existing use or occupancy
continued if such use or occupancy was legal at the time of adoption of the ordinance
from which this article is derived, providing such continued use complies with and is
subject to the terms of this article.
(Code 1982, 9 1007.00(2))
Sec. 30-154. Compliance with article.
It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or
structure, or cause or permit such acts to be done, in violation of this article.
29
(Code 1982, ~ 1007.04(6))
Sec. 30-155. Responsibilities of owners and occupants.
(a) Every owner shall be liable for violations of duties imposed upon him by this article
even though an obligation is also imposed on the occupants of his building, and even
though the owner has, by agreement, imposed on the occupant the duty of furnishing
required equipment or complying with this article.
(b) All buildings and structures and all parts thereof shall be maintained in a safe and
sanitary condition. The owner or his designated agent shall be responsible for such
maintenance. To determine compliance with this subsection, the building may be
reinspected.
(c) Every owner, or his agent, in addition to being responsible for maintaining his
building in a sound structural condition, shall be responsible for keeping that part of the
building or premises which he occupies or controls in a clean, sanitary, and safe
condition, including the shared or public areas in a building containing two or more
dwelling units.
(d) Every owner shall, where required by this article or the building and zoning
administrator fire chief, furnish and maintain such approved sanitary facilities as
required, and shall furnish and maintain approved devices, equipment or facilities for the
prevention of insect and rodent infestation, and where infestation has taken place shall
be responsible for the extermination of any insects, rodents, or other pests when such
extermination is not specifically made the responsibility of the occupant by law or ruling.
Every owner of a multifamily dwelling shall supply facilities for the storage and/or
disposal of rubbish and garbage.
(e) The owner of any rental dwelling shall be responsible for the removal of snow and
ice from parking lots and/or driveways, steps and walkways on the premises as provided
by this Code for public sidewalks.
(f) Every occupant of a dwelling unit, in addition to being responsible for keeping in a
clean, sanitary, and safe condition that part of the dwelling or dwelling unit or premises
which he occupies and controls, shall dispose of all his rubbish, garbage, and other
organic waste in a manner required by this Code and approved by the building and
zoning administrator fire chief.
(g) Every occupant shall, where required by this article, this Code, or the building and
zoning administrator fire chief, furnish and maintain approved devices, equipment, or
facilities necessary to keep his premises safe and sanitary.
(Code 1982, ~ 1007.04(3))
Sec. 30-156. Disorderly tenants.
(a) Responsibility of licensee. It shall be the responsibility of the licensee to take
appropriate action following conduct by persons occupying the premises which is
determined to be disorderly, in violation of any of the following statutes or ordinances:
(1) Minn. Stats. ~~ 609.75--609.76, which prohibit gambling;
(2) Minn. Stats. ~~ 609.321--609.324, which prohibit prostitution and acts relating
thereto;
(3) Minn. Stats. ~~ 152.01--152.025, and Minn. Stats. ~ 152.027, subds. 1 and 2, which
prohibit the unlawful sale or possession of controlled substances;
(4) Minn. Stats. ~ 340A.401, which prohibits the unlawful sale of alcoholic beverages;
(5) Minn. Stats. ~ 609.33, which prohibits owning, leasing, operating, managing,
maintaining, or conducting a disorderly house or inviting or attempting to invite others to
visit or remain in a disorderly house;
30
(6) Minn. Stats. SS 978.021, 978.045, 609.66--609.67 and 624.712--624.716, and
chapter 50, article IV, division 2, of this Code, which prohibit the unlawful possession,
transportation, sale or use of a weapon;
(7) Minn. Stats. S 609.72, which prohibits disorderly conduct;
(8) Minn. Stats. SS 609.221--609.224, which prohibit assaults, including domestic
assault as defined in Minn. Stats. S 5188.01;
(9) Laws relating to contributing to need for protection or services or delinquency of a
minor, as defined in Minn. Stats. S 260.315; or
(10) Chapter 10 and chapter 46, article II, of this Code, which relate to animal noises
and public nuisances.
(b) Enforcement.
(1) The police chief shall be responsible for enforcement and administration of this
section.
(2) Upon determination by the police chief that licensed premises were used in a
disorderly manner, as described in subsection (a) of this section, the police chief shall
notify the licensee by mail of the violation and direct the licensee to take steps to prevent
further violations.
(3) If another instance of disorderly use of the licensed premises occurs within three
months of an incident for which a notice as provided in subsection (b )(2) of this section
was given, the police chief shall notify the licensee by mail of the violation and shall also
require the licensee to submit a written report of the actions taken, and proposed to be
taken, by the licensee to prevent further disorderly use of the premises. This written
report shall be submitted to the police chief within five days of receipt of the notice of
disorderly use of the premises within the preceding three months. If the licensee fails to
comply with the requirements of this subsection, the rental dwelling license for the
premises may be denied, revoked, suspended, or not renewed. An action to deny,
revoke, suspend, or not renew a license under this section shall be initiated by the city
council at the request of the police chief.
(4) If another instance of disorderly use of the licensed premises occurs within three
months after any two previous instances of disorderly use for which notices were sent to
the licensee pursuant to this section, the rental dwelling license for the premises may be
denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not
renew a license under this section shall be initiated by the city council at the request of
the police chief.
(5) No adverse license action shall be imposed where the instance of disorderly use of
licensed premises occurred during the pendency of eviction proceedings (unlawful
detainer) or within 30 days of notice given by the licensee to a tenant to vacate the
premises, where the disorderly use was related to conduct by that tenant or by other
occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to
adverse license action, however, unless they are diligently pursued by the licensee.
Further, an action to deny, revoke, suspend, or not renew a license based upon
violations of this section may be postponed or discontinued at any time if it appears that
the licensee has taken appropriate measures which will prevent further instances of
disorderly use.
(6) A determination that the licensed premises have been used in a disorderly manner
as described in subsection (a) of this section shall be made upon substantial evidence to
support such a determination. It shall not be necessary that criminal charges be brought
to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of
criminal charges operate as a bar to adverse license action under this section.
(Code 1982, S 1007.18)
31
DIVISION 1A.INTERNATIONAL PROPERTY MAINTENANCE CODE
Sec. 30-157. Property maintenance code.
That a certain document, the most current copy of the International Property
Maintenance Code, three copies of which are on file in the office of the City Clerk of the
City of Elk River, being marked and designated as the International Property
Maintenance Code as published by the International Code Council, Inc., is adopted as
the property maintenance code of the City of Elk River, in the State of Minnesota; for the
control of buildings and structures as herein provided; and each and all of the
regulations, provisions, penalties, conditions and terms of said property maintenance
code are hereby referred to, adopted, and made a part hereof, as if fully set out in this
ordinance, with the additions, insertions, deletions and changes, if any, prescribed in
section 30-158 of this division. Any future revisions of the international property
maintenance code will always be part of the property maintenance code of the City of
Elk River.
(Ord. No. 06-01, 1-9-2006)
Sec. 30-158. Revisions to the International Property Maintenance Code.
The following sections of the International Property Maintenance Code are
hereby revised:
Section 101.1. Insert: City of Elk River
Section 103.6. Insert: The current year fee schedule adopted by the City Council
Section 303.14. Insert: January to December
Section 602.3. Insert: October 15 to April 15
Section 602.4. Insert: October 15 to April 15
(Ord. No. 06-01, 1-9-2006)
Sec. 30-159. Conflict between codes.
Where there is any conflict between the provisions of the International Property
Maintenance Code and any other applicable code or ordinance enforced by or in the City
of Elk River, the more restrictive provisions shall apply.
(Ord. No. 06-01, 1-9-2006)
Secs. 30-160--30-170. Reserved.
DIVISION 2. ADMINISTRATION AND ENFORCEMENT*
*Cross references: Administration, ch. 2.
Sec. 30-171. Authority of building and zoning administrator fire chief; right
of entry.
(a) The building and zoning administrator fire chief is hereby authorized and
directed to provide for the enforcement all of the provisions of this article. The building
and zoning administrator fire chief shall have the power to render interpretations of
32
this article and to adopt procedures as he may deem necessary in order to apply the
provisions of this article. Such interpretations and procedures shall be in conformity with
the intent and purpose of this article.
(b) Whenever necessary to make an inspection to enforce any of the provisions of this
article, or whenever the building and zoning administrator fire chief or his authorized
representative has reasonable cause to believe that there exists in any building or upon
any premises subject to this article a condition that constitutes a violation of this Code,
including this article, the building and zoning administrator fire chief or his authorized
representative, upon notice to the owner or operator, may enter such building or
premises at all reasonable times to inspect the building or premises or to perform any
duty imposed upon the building and zoning administrator fire chief by this article;
provided that if such building or premises is occupied, he shall first present proper
credentials and request entry, and if the building or premises be unoccupied, he shall
first make a reasonable effort to locate the owner or other person having charge or
control of the building or premises and request entry. The property owner of the
premises shall notify tenants of the time and purpose of the inspection. The tenant shall
make the premises accessible to the building and zoning administrator fire chief. If
such entry is refused, the building and zoning administrator fire chief or his
authorized representative shall have recourse to every remedy provided by law to
secure entry. The notice requirements of this section shall not apply if the building and
zoning administrator fire chief or his authorized representative has reasonable cause
to believe that a violation of the requirements of this article is creating a dangerous or
hazardous condition which must be addressed without any delay.
(Code 1982, 9 1007.04(1), (2))
Sec. 30-172. Appeals.
When a person to whom a compliance order is directed by the building and
zoning administrator fire chief alleges that such compliance order is based upon
erroneous interpretation of this article or upon a misstatement or mistake of fact, such
person may appeal as set forth in article VI, division 2, subdivision II of this chapter.
(Code 1982, 9 1007.04(5))
Sec. 30-173. Inspections.
(a) Generally. All buildings or structures within the scope of this article and all
construction or work for which a permit is required shall be subject to inspection by the
building and zoning official in accordance with and in the manner provided by this article
and the building code.
(b) Response to complaints. The building and zoning administrator fire chief shall
respond to complaints of violations of this article. A complaint may be cause for a
complete inspection of a unit or building. If an inspection is to be made, the building
and zoning administrator fire chief shall notify the owner/tenant of the inspection. If
there are violations, the building and zoning administrator fire chief shall notify the
owner/tenant to correct the problem which prompted the complaint. An owner may
request an advisory inspection of a unit.
(c) Routine inspections. All rental dwelling units, except dwelling units under state
inspection such as nursing homes, hotels, motels, etc., shall be subject to an annual
inspection by the city to confirm compliance with the requirements of this article. The
building and zoning administrator fire chief or his authorized representative shall
notify the owner/tenant in advance of the annual inspection.
(Code 1982, 9 1007.06(3))
33
Sec. 30-174. Inspection fee.
Inspection fees under this article shall be as established by resolution. The
inspection fee shall apply to all inspections other than the initial license inspection, to
follow up for corrections.
(Code 1982, S 1007.06(4)(H))
Secs. 30-175--30-190. Reserved.
DIVISION 3. RENTAL DWELLING LICENSE
Sec. 30-191. Required.
No person shall operate a rental dwelling in the city without having first obtained
a license for that dwelling unit from the building and zoning administrator fire chief. If
the license is denied, no occupancy of dwelling units then vacant or which become
vacant is permitted until a license has been issued. Dwelling units within an unlicensed
building for which a license application has been made may be occupied provided that it
does not create a hazard to the health and safety of persons in occupied units.
(Code 1982, S 1007.06(4)(A))
Sec. 30-192. Application.
(a) The owner of any rental unit within the city shall apply to the building and zoning
administrator fire chief for a rental dwelling license in the manner prescribed in this
section.
(b) Application shall be made on forms provided by the city and accompanied by a fee
in an amount set by resolution of the city council.
(c) Applicants shall provide all the information requested on license applications,
including but not limited to the following:
(1) All owners of rental dwellings shall provide telephone access numbers to be used in
emergency situations, including emergency maintenance and repair. This requirement
shall be a condition precedent to the issuance of any rental license.
(2) The applicant shall provide such other information as the application shall require.
(d) Failure to complete, in full, the required license application shall be grounds for
denial of the license.
(e) No person shall give or submit false information on a license application or any
renewal thereof.
(Code 1982, S 1007.06(8))
Sec. 30-193. Inspection of premises.
Upon receipt of a properly executed application for a rental dwelling license, the
building and zoning administrator fire chief shall cause an inspection to be made of
the premises to ensure that the structure is in compliance with the requirements of this
Code, including this article. The owner shall be given notice of this inspection.
(Code 1982, S 1007.06(C))
Sec. 30-194. Issuance.
If the rental dwelling is in compliance with the requirements of this article, a
license shall be issued to the present owner or agent of the owner which shall state that
the structure has been inspected and is in compliance with the requirements of this
article. If the city finds that the circumstances of occupancy following the issuance of the
34
license involve possible Code violations, substandard maintenance or abnormal wear
and tear, the city may again inspect the premises as provided by this article.
(Code 1982,9 1007.06(D))
Sec. 30-195. Fee.
To obtain a license required by the provisions of this division, a person shall pay
to the city the fee established by resolution.
(Code 1982, 9 1007.06(4)(J))
Sec. 30-196. Renewal.
(a) Each license issued under this division shall be renewed annually with the building
and zoning administrator fire chief.
(b) Annual renewal shall be made by filling out the required renewal form and mailing
the form together with the required registration fee to the building and zoning
administrator fire chief. Renewal may be approved only when no change in the
ownership, operation, agency, or type of occupancy as originally licensed has been
made, and where an inspection has been completed and passed there has been an
inspection within the last year.
(Code 1982, 9 1007.06(4)(A), (4)(G))
Sec. 30-197. Transfer.
A license issued under this division is transferable upon application to the
building and zoning administrator fire chief and payment of a license transfer fee by
the prospective owner, if the licensed premises are in compliance with this article. The
license shall terminate if application for transfer is not made within 30 days after transfer
of ownership of the dwelling unit. The amount of the transfer fee shall be set by
resolution of the council.
(Code 1982,9 1007.06(4)(F))
Sec. 30-198. Posting.
Licenses issued under this division shall be conspicuously displayed on the
rental premises wherever feasible. The licensee shall promptly produce the license upon
demand of a prospective tenant or the building and zoning administrator fire chief or
his authorized representative.
(Code 1982, 9 1007.06(4)(E))
Sec. 30-199. Suspension or revocation.
A license issued or renewed under this division may be revoked or suspended
upon finding of noncompliance with the provisions of this Code, including this article.
Application for reinstatement of a suspended license shall be accompanied by an
amount equal to 50 percent of the new license fee. Issuance of a new license after
suspension or revocation shall be made in the manner provided for obtaining an initial
license. Revocation and suspension procedures shall be those prescribed in section 38-
35.
(Code 1982,91007.06(4)(1))
Secs. 30-200--30-220. Reserved.
35
DIVISION 4. SUBSTANDARD BUILDINGS*
*State law references: Hazardous and substandard buildings, Minn. Stats. ~ 463.15
et seq.
Subdivision I. In General
Sec. 30-221. Substandard buildings designated.
(a) Generally. Any building or portion thereof which is determined to be an unsafe
building in accordance with the building code; or any building or portion thereof,
including any dwelling unit, guestroom, or suite of rooms, or the premises on which the
room is located, in which there exists any of conditions listed in subsections (b) through
(n) of this section, to an extent that endangers the life, limb, health, property, safety, or
welfare of the public or the occupants thereof, shall be deemed and hereby is declared
to be a substandard building.
(b) Inadequate sanitation. Inadequate sanitation shall include but not be limited to the
following:
(1) Lack of or improper water closet, lavatory, bathtub, or shower in a dwelling unit.
(2) Lack of or improper kitchen sink in a dwelling unit.
(3) Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(4) Lack of adequate heating facilities.
(5) Lack of or improper operation of required ventilating equipment.
(6) Lack of minimum amounts of natural light and ventilation required by this Code.
(7) Room and space dimensions less than required by the Code.
(8) Lack of required electrical lighting.
(9) Dampness of habitable rooms.
(10) Infestation of insects, vermin, or rodents.
(11) General dilapidation or improper maintenance.
(12) Lack of connection to required sewage disposal system.
(13) Lack of adequate garbage and rubbish storage and removal facilities.
(14) Lack of adequate doors, windows, and locks.
(15) Noncompliance with exterior premises requirements.
(c) Structural hazards. Structural hazards shall include but not be limited to the
following:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle
due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of insufficient size to
carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members
which sag, split, or buckle due to defective material or deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members
that are of insufficient size to carry imposed loads with safety.
(8) Fireplaces or chimneys which list, bulge, or settle due to defective material or
deterioration.
36
(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed
loads with safety.
(d) Nuisances. Any nuisance as defined by this Code shall be considered a
substandard condition.
(e) Hazardous electrical wiring. Electrical wiring which was installed in violation of code
requirements in effect at the time of installation or electrical wiring not installed in
accordance with generally accepted construction practices in areas where no codes
were in effect or which has not been maintained in good condition or which is not being
used in a safe manner shall be considered substandard.
(f) Hazardous plumbing. Plumbing which was installed in violation of code
requirements in effect at the time of installation or plumbing not installed in accordance
with generally accepted construction practices in areas where no codes were in effect or
which has not maintained in good condition or which is not free of cross connections or
siphonage between fixtures shall be considered substandard.
(g) Hazardous mechanical equipment. Mechanical equipment which was installed in
violation of code requirements in effect at the time of installation or mechanical
equipment not installed in accordance with generally accepted construction practices in
areas where no codes were in effect or which has not been maintained in good and safe
condition shall be considered substandard.
(h) Faulty weather protection. Faulty weather protection shall include but not be limited
to the following:
(1) Deteriorated, crumbling, or loose plaster.
(2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors,
including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings, including lack of
paint, or weathering due to lack of paint or other approved protective covering.
(4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(i) Fire hazards. Any building or portion thereof, device, apparatus, equipment,
combustible waste or vegetation which, in the opinion of the chief of the fire department
or his deputy, is in such a condition as to cause a fire or explosion or provide a ready
fuel to augment the spread and intensity of fire or explosion arising from any cause shall
be considered a substandard condition.
U) Faulty materials of construction. All materials of construction except those which are
specifically allowed or approved by this Code and the building code, and which have
been adequately maintained in good and safe condition, shall be considered a
substandard condition.
(k) Hazardous or unsanitary premises. Those premises on which an accumulation of
weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages,
stagnant water, combustible materials and similar materials or conditions constitute fire,
health, or safety hazards shall be considered substandard.
(I) Inadequate exits. Except for those buildings or portions thereof which have been
provided with adequate exit facilities conforming to the provisions of this Code, buildings
or portions thereof whose exit facilities were installed in violation of building code
requirements in effect at the time of their construction or whose exit facilities have not
been increased in number or width in relation to any increase in occupant load due to
alterations, additions, or change in use or occupancy subsequent to the time of
construction shall be considered substandard. Notwithstanding compliance with Code
requirements in effect at the time of their construction, buildings or portions thereof shall
be considered substandard when the building ::md zoning official finds that an unsafe
condition exists through an improper location of exits, or a lack of an adequate number
or width of exits, or where other conditions exist which are dangerous to human life.
37
(m) Inadequate fire protection or firefighting equipment. All buildings or portions thereof
which are not provided with the fire resistive construction or fire extinguishing alarm and
detection systems or equipment required by this Code or the building code, except those
buildings or portions thereof which conformed with all applicable laws at the time of their
construction and whose fire resistive integrity and fire extinguishing systems or
equipment have been adequately maintained and improved in relation to any increase in
occupant load, alteration, or addition, or any change in occupancy, shall be considered
substandard.
(n) Improper occupancy. All buildings or portions thereof occupied for living, sleeping,
cooking, or dining purposes which were not designed or intended to be used for such
occupancies shall be considered substandard.
(Code 1982, S 1007.20)
Secs. 30-222--30-230. Reserved.
Subdivision II. Abatement Proceedings
Sec. 30-231. Generally.
(a) All buildings or portions thereof which are determined to be substandard as defined
in this article are hereby declared to be public nuisances and shall be abated by repair,
rehabilitation, demolition, or removal in accordance with the procedure specified in this
subdivision.
(b) If the building or structure is in such condition as to make it immediately dangerous
to the life, limb, property, or safety of the public or of the occupants, it shall be ordered to
be vacated as provided in this subdivision.
(Code 1982, S 1007.04(4))
Sec. 30-232. Commencement of proceedings.
Whenever the building official has inspected or caused to be inspected any
building and has found and determined that such building is a substandard building, he
shall commence proceedings to cause the repair, rehabilitation, vacation, or demolition
of the building.
(Code 1982, S 1007.22(1))
Sec. 30-233. Issuance of notice and order.
Upon making a determination pursuant to section 30-232, the building official
shall issue a notice and order directed to the record owner of the building. The notice
and order shall contain:
(1) The street address and a legal description sufficient for identification of the
premises upon which the building is located.
(2) A statement that the building official has found the building to be substandard with a
brief and concise description of the conditions found to render the building substandard
under the provisions of section 30-221.
(3) A statement of the action required to be taken as determined by the building official.
a. Repair. If the building official has determined that the building or structure must be
repaired, the order shall require that all required permits be secured therefor and the
work physically commenced within such time (not to exceed 60 days from the date of
order) and completed within such time as the building official shall determine reasonable
under all of the circumstances.
b. Vacation. If the building official has determined that the building or structure must be
vacated, the order shall require that the building or structure shall be vacated within a
38
certain time from the date of the order as determined by the building official to be
reasonable.
c. Demolition. If the building official has determined that the building or structure must
be demolished, the order shall require that the building be vacated within such time as
the building official shall determine reasonable (not to exceed 60 days from the date of
the order), that all required permits be secured therefor within 60 days from the date of
the order, and that the demolition be completed within such time as the building official
shall determine is reasonable.
(4) A statement advising that if any required repair or demolition work (without vacation
also being required) is not commenced within the time specified, the building official will
order the building vacated and posted to prevent further occupancy until the work is
completed, and that the city council may proceed to cause the work to be done and
charge the costs thereof against the property or its owner.
(5) A statement advising that any person having any record title or legal interest in the
building may appeal from the notice and order or any action of the building official to the
city board of adjustments. The appeal shall be made in writing as provided in this article
and filed with the building official within 30 days from the date of service of such notice
and order, and that failure to appeal will constitute a waiver of all right to an
administrative hearing and determination of the matter.
(Code 1982,9 1007.22(2))
Sec. 30-234. Service of notice and order.
The notice and order provided for in section 30-233, and any amended or
supplemental notice and order, shall be served upon the owner and posted on the
property. Service of the notice and order shall be made upon the owner personally, or, in
the case of a nonresident owner, service of the notice and order shall be made by
certified mail, return receipt requested, at his last known address. The failure of any
person to receive such notice shall not affect the validity of any proceedings taken under
this division. Service by certified mail in the manner provided in this section shall be
effective on the date of mailing. Proof of service of the notice and order shall be certified
to at the time of service by an affidavit of the person effecting service. The affidavit of
personal service or the affidavit of service by mail, together with any receipt card
returned in acknowledgment of receipt of certified mail, shall be affixed to the copy of the
notice and order retained by the housing inspector.
(Code 1982,91007.22(3))
Sec. 30-235. Standards for ordering repair, vacation or demolition; posting
of notice to vacate.
The following standards shall be followed by the building official, and by the
board of adjustments if an appeal is taken, in ordering the repair, vacation, or demolition
of any substandard building or structure:
(1) Any building declared a substandard building under this article shall be made to
comply with one of the following:
a. The building shall be repaired in accordance with the current building code or other
current code applicable to the type of substandard conditions requiring repair; or
b. The building shall be demolished.
(2) If the building or structure is in such condition as to make it immediately dangerous
to the life, limb, property, or safety of the public or of the occupants, it shall be ordered to
be vacated.
39
a. Every notice to vacate shall, in addition to being served as provided in section 30-
234, be posted at or upon each exit of the building, and shall be in substantially the
following form:
DO NOT ENTER
UNSAFE TO OCCUpy
It is a misdemeanor to occupy this building, or to remove or deface this notice.
Building Official
b. Whenever such notice is posted, the building official shall include a notification
thereof in the notice and order issued by him under section 30-233, reciting the
emergency and specifying the conditions which necessitate the posting. No person shall
remain in or enter any building which has been so posted, except that entry may be
made to repair, demolish, or remove such building under permit. No person shall remove
or deface any such notice after it is posted until the required repairs, demolition, or
removal have been completed and a certificate of occupancy issued pursuant to the
provisions of the building code. Any person violating this subsection shall be guilty of a
misdemeanor.
(Code 1982, S 1007.22(4))
Sec. 30-236. Compliance with order.
(a) After any order of the building official or the board of adjustments made pursuant to
this division shall have become final, no person to whom any such order is directed shall
fail, neglect, or refuse to obey any such order.
(b) Any such person who fails to comply with any such order is guilty of a misdemeanor
and the building official may cause such person to be prosecuted for such misdemeanor.
(c) Whenever the required repair or demolition is not commenced within 30 days after
any final notice and order issued under this division become effective:
(1) The building official shall cause the building described in such notice and order to
be vacated by posting at each entrance thereto a notice reading:
SUBSTANDARD BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice.
Building Official
(2) No person shall occupy any building which has been posted as specified in this
subsection. No person shall remove or deface any such notice so posted until the
repairs, demolition, or removal ordered by the building official have been completed and
a certificate of occupancy issued pursuant to the provisions of the building code.
(Code 1982, S 1007.22(5))
Sec. 30-237. Extension of time to perform work.
Upon receipt of an application from the person required to conform to the order
made pursuant to this division and an agreement by such person that he will comply with
the order if allowed additional time, the building official may, in his discretion, grant an
extension of time, not to exceed an additional 120 days, within which to complete the
repair, rehabilitation, or demolition, if the building official determines that such an
extension of time will not create or perpetuate a situation imminently dangerous to life or
property. The building official's authority to extend time is limited to the physical repair,
rehabilitation, or demolition of the premises and will not in any way affect or extend the
time to appeal his notice and order.
(Code 1982, S 1007.22(6))
40
Sec. 30-238. Repair or demolition by city.
Upon failure of the owner to comply with an order of the building official or the
board of adjustments made pursuant to this division, the city council may order the
necessary repairs or demolition to be done by the city, as authorized by and pursuant to
the procedures of Minn. Stats. ~~ 463.15--463.261. The costs of the repair or demolition,
including all of the city's administrative and legal costs, may be levied and collected as a
special assessment as provided by Minn. Stats. ~~ 429.101 and 463.21.
(Code 1982, ~ 1007.22(7))
Sec. 30-239. Interference with repair or demolition work.
No person shall obstruct, impede, or interfere with any officer, employee,
contractor, or authorized representative of the city or with any person who owns or holds
any estate or interest in any building which has been ordered repaired, vacated, or
demolished under the provisions of this division, or with any person to whom such
building has been lawfully sold pursuant to the provisions of this article, whenever such
officer, employee, contractor, or authorized representative of the city, person having an
interest or estate is such building or structure, or purchaser is engaged in the work of
repairing, vacating and repairing, or demolishing any such building pursuant to the
provisions of this article or in performing any necessary act preliminary to or incidental to
such work or authorized or directed pursuant to this article.
(Code 1982, ~ 1007.22(8))
Secs. 30-240--30-260. Reserved.
DIVISION 5. DWELLING UNIT STANDARDS
Sec. 30-261. Discontinuance of required services or facilities.
No owner, operator, or occupant shall cause any service, facility equipment, or
utility which is required under this article to be removed from or shut off from or
discontinued for any occupied dwelling or dwelling unit except for temporary
interruptions as may be necessary while actual repairs or alterations are made or during
temporary emergencies.
(Code 1982, ~ 1007.12)
Sec. 30-262. Space and occupancy standards.
(a) Location of building on property. All buildings shall be located with respect to
property lines and to other buildings on the same property as required by this Code,
including the zoning regulations (article VI of this chapter), the subdivision regulations
(article V of this chapter), the fire code, and the building code.
(b) Compliance with applicable regulations. All existing rental dwelling units shall be
brought into compliance with this Code, including the Uniform Building Code Property
Maintenance Code, prior to the issuance of a rental dwelling license. Modifications to
the requirements of the Unif.orm Building Code Property Maintenance Code shall be
allowed as provided by section 108 of the Uniform Building Code the Property
Maintenance Code.
(c) Maximum density and minimum space. No person shall rent or let to another for
occupancy any rental dwelling for the purpose of living, sleeping, eating, or cooking
therein which does not comply with the following requirements:
41
(1) The maximum permissible occupancy of any rental dwelling unit shall be
determined as follows:
a. For the first occupant, 150 square feet of habitable room floor space, and, for every
additional occupant thereof, at least 100 square feet of habitable room floor space is
required.
b. The unit shall be provided with a separate closet.
c. The unit shall be provided with a kitchen sink, cooking appliance, and refrigeration
facilities, each having a clear working space of not less than 30 inches in front. Light and
ventilation conforming to this article shall be provided.
d. The unit shall be provided with a separate bathroom containing a water closet,
lavatory, and bathtub or shower.
e. In no event shall the total number of occupants exceed two times the number of
habitable rooms, less kitchen, in the dwelling unit.
(2) No person shall occupy as an owner-occupant, or let to another for occupancy, any
dwelling unit for occupancy by more than one family, other than for temporary guests.
(Code 1982, S 1007.08)
Sec. 30-263. Electrical equipment.
(a) All electrical equipment, wiring, and appliances shall be installed and maintained in
a safe manner in accordance with all applicable laws. All electrical equipment shall be of
an approved type.
(b) Where there is electrical power available within 300 feet of any building, such
building shall be connected to such electrical power. Every habitable room shall contain
at least two electrical convenience outlets or one convenience outlet and one electric
light fixture. Every water closet compartment, bathroom, laundry room, furnace room,
and public hallway shall contain at least one electric light fixture.
(c) Aid from the state electrical board will be solicited as needed to determine whether
or not electrical equipment and/or wire are safe. All fees for such aid shall be paid by the
premises owner.
(Code 1982, S 1007.10)
Sec. 30-264. Doors, windows and locks.
(a) Generally. No person shall occupy as an owner-occupant, or let to another for
occupancy, any dwelling or dwelling unit for the purposes of living, sleeping, cooking, or
eating unless all exterior doors and windows of the dwelling or dwelling unit meet the
requirements of this section.
(b) Building security system and entrance doors.
(1) When access to a dwelling unit door is gained through a common corridor or
entrance in a dwelling in which four or more dwelling units share a common entrance or
corridor, an approved system of controlled access shall be maintained for each multiple-
family building to control access. The security system shall consist of locked building
entrance and foyer doors, and locked doors leading from the hallways into individual
dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs
on the inside of building entrance doors, with a security strike plate with three-inch
screws, and with key cylinders on the outside of the building doors. Building entrance
door latches shall be of the types that are permanently locked. A communication system
or device such as an intercom, telephone, audible bell or buzzer or other approved
means of making contact with the tenants must be provided.
(2) All multiple-family dwellings in existence at the time of adoption of the ordinance
from which this article is derived which were not previously required to have an approved
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security system or locked building entrance doors shall not be subject to the
requirements of subsection (b)(1) of this section. .
(c) Fire department lock box. An approved lock box with a building entry key, a boiler
room key, and laundry and common area keys, all marked individually, must be provided
and accessible to the fire department for access to the building. The enumerated keys
must be present in the lock box at all times.
(d) Locks for dwelling units. Every door that provides ingress or egress for a dwelling
unit within a multiple-family unit shall be equipped with an approved lock that has a
dead-locking bolt that cannot be retracted by end pressure, a security strike plate with
minimum of three-inch screws and a door viewer; provided, however, that such doors
shall be openable from the inside without the use of a key or any special knowledge or
effort.
(e) Maintenance. Every window, exterior door and hatchway shall be tight and shall be
kept in repair. Every other window other than a fixed window shall be capable of being
easily opened and shall be equipped with screens between May 1 and September 30,
inclusive, of each year January throuah December of each year. Every window,
door, and frame shall be constructed and maintained in such relation to the adjacent wall
construction as to completely exclude rain, vermin, rodents, and insects from entering
the building. All ingress, egress, and interior doors and windows shall be kept free of
holes and punctures. Sliding doors shall be equipped with an anti-lift and removal lock.
All windows shall be provided with locks.
(Code 1982, S 1007.14)
Sec. 30-265. Exterior of premises; parking facilities.
(a) Generally. No person shall occupy as an owner-occupant, or let to another for
occupancy, any dwelling or dwelling unit for the purpose of living, sleeping, eating, or
cooking therein which does not comply with the landscaping, screening, lighting, and
other requirements of this Code and the requirements of this section.
(b) Maintenance of accessory structures. Accessory structures, including fences, on
the premises where the dwelling or dwelling unit is located shall be structurally sound
and maintained in good repair. The exterior of such structures shall be covered with
decay-resistant materials such as paint or other preservatives.
(c) Outside storage. Outside storage of articles, equipment, construction materials,
items not designed for exterior use, and miscellaneous items, including but not limited to
lawn mowers and other lawn maintenance equipment, shall not be allowed. A weather
tight, rodent proof storage building or shed must be constructed for storage of items not
storable within the building.
(d) Parking facilities.
(1) The number of parking spaces shall not be reduced below the number required by
section 30-903(2). Garage spaces required shall be for the sole use of the dwelling's
tenants. Dwellings built legally with a lesser number of parking spaces than required by
section 30-903(2), shall be required to provide adequate parking spaces based on need
and space available.
(2) The required parking space must have a minimum width of nine feet and a minimum
length of 20 feet.
(3) All parking spaces must be surfaced with asphalt or concrete.
(4) Curb guards and/or guardrails must be provided for parking spaces situated above
retaining walls.
(5) An unobstructed path must be provided between parking areas and the dwelling
unit.
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(6) Lighting must be provided for parking areas and walkways between the parking
area and the dwelling unit. Additional lighting may be required elsewhere on the
premises, if deemed necessary, for security.
(7) Driveways leading to parking areas and/or accessways to buildings must be
maintained and kept in good repair. Parking areas and driveways shall be hard surfaced
with asphalt or concrete.
(8) Unlicensed and/or inoperable vehicles are prohibited at the premises.
(e) Landscaping. All lawn and landscape areas shall be maintained and kept free of
debris and dead materials. Landscaped areas may be required to be altered for security
visual sight lines.
(Code 1982, S 1007.16)
Sees. 30-266--30-290. Reserved.
This ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 2nd day of
October, 2006.
Stephanie Klinzing
Mayor
ATTEST:
Joan Schmidt
City Clerk
44
RESOLUTION 06-_
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF
SUMMARY PUBLICATION OF ORDINANCE #06-_
AN ORDINANCE AMENDING CHAPTER 30
WHEREAS, on October 2, 2006 the Elk River City Council adopted Ordinance 06-_
amending Chapter 30 of the City Code; and
WHEREAS, this amendment removed the three existing deflnitions of Building and
Zoning Administrator, Uniformed Building Code, and Building and Zoning
OffIcial replacing with the deflnitions for or clarifIcation of Fire Chief,
Property Maintenance Code, Building OffIcial and Fire Code. Other changes
were to Section 30-196(b), license renewal will occur only where the premises
has completed and passed an inspection within the last year and to Section 30-
264(e) screens should be required between January and December each year;
and
WHEREAS, a copy of the full text of this ordinance amendment is available for inspection
by any person at the office of the Elk River City Clerk, 13065 Orono
Parkway, during regular business hours - 8:00 a.m. to 4:30 p.m., Monday
through Friday; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council, by at least four-fIfths
vote, authorizes the publication of the tide and summary of Ordinance 06-_
and that Ordinance 06-_ shall become effective upon publication of this
resolution.
Passed and adopted this 2nd day of October 2006.
Stephanie Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk